The West Australian
Saturday, June 27, 2009
Page: REW4
Section: Real Estate
STRATA TITLES INSTITUTE WA
Strata life brings need for some consideration
It is inevitable that when groups of people live in close proximity, disputes will occur from time to time. Residents of strata properties, particularly those in high-rise apartment buildings, have to make certain adjustments and learn to become more tolerant than they would be if they lived in a free-standing home on a big block.
Noise is a major issue, especially for newcomers to strata living — voices, footsteps, doors closing and toilets flushing are common complaints.
Most strata companies have by-laws and house rules in place to deal with many issues and in the majority of cases residents abide by these rules.
What often is a small issue can turn into one almighty disagreement if not handled correctly and can be a recipe for disaster when you live very close to your neighbours. As with any dispute, discussion with the offending party is the first step and this can sometimes resolve the situation. If the offender is new to strata living they may not be aware of how easily noise travels or may not have been given rules about parking, animals etc.
If the issue persists, the next course of action would be a formal written complaint to the strata company (usually via the strata manager). A breach of by-laws notice could then be issued.
What happens though if a resident continues to breach the by-laws and all requests for compliance fail? The process is not as quick and easy as it could be.
The Strata Titles Act permits certain applications to be made to the State Administration Tribunal (SAT) for assessment.
The SAT will, if appropriate, conduct hearings and make orders. Orders can be sought for several matters, including breach of by-laws and imposition of penalties, declaring by-laws invalid, amending unit entitlement, removal of animals and more. Any person — a resident, owner or the council of a strata company — can make an application to the SAT but it should be noted that only a lawyer can charge a fee for preparation and/or attendance at hearings.
Many applications to the SAT are dealt with either by mediation or in the early stages of direction hearings. If an order made by the SAT is ignored by the parties, then fines of up to $10,000 can be imposed.
The best way to avoid these issues is to be fully informed before moving into a strata property and understand the rules.
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More information: stiwa.com.au
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