Understanding the Role and Election of the Strata Council in Western Australia
In Western Australia, the effective management of a strata scheme relies not only on the strata company but also on its elected representatives—known collectively as the Strata Council. The Strata Titles Act 1985 (WA) (the Act) provides the legal framework for establishing and operating the council, which plays a pivotal governance role within the scheme.
The Role of the Strata Council
The Strata Council (Council) acts as the executive arm of the strata company. Under section 135 of the Act, the Council carries out the decisions of the strata company and performs functions entrusted to it by the company, subject to any restrictions or directions given at a general meeting of the strata company.
Council members are not directors in the corporate law sense, nor are they trustees, but they must act in accordance with statutory provisions and the general law, including to act honestly, in good faith, and in the best interests of the strata company (see section 137(2) of the Act). While they cannot override decisions made at general meetings, they are responsible for day-to-day decision-making and ensuring the implementation of those resolutions.
Typical responsibilities of the council include:
- Liaising with strata managers and service providers;
- Ensuring compliance with statutory obligations;
- Overseeing maintenance and repairs of common property;
- Preparing budgets and recommending levies; and
- Convening general meetings and proposing motions.
Election of Council Members
The election of council members is governed by section 135 of the Act and Schedule 1 by-laws, which apply unless a scheme adopts alternative provisions.
The number of council members is typically determined by resolution at the annual general meeting (AGM). The default minimum is three and the maximum is seven, unless the scheme comprises not more than three lots, in which case all proprietors are automatically members of the council (Schedule 1, clause 4).
Council members are elected at an annual general meeting. Schedule 1 provides that nominations may be called for in advance or from the floor during the meeting. Where there are more nominees than available positions, an election is held.
A person ceases to be a council member if they die, resign, become ineligible (for instance, if their lot is sold), or are removed by ordinary resolution at a general meeting.
Conclusion
The Council plays a vital role in ensuring a strata scheme operates efficiently and in accordance with the law. Its members are entrusted with key responsibilities that affect all lot owners, and their election should be approached with care and diligence.
If your strata company (or strata manager) requires guidance on council elections, by-law compliance, or governance matters, our experienced Strata Titles lawyers can assist.