The State Administrative Tribunal (SAT) can hear and decide cases relating to the Strata Titles Act 1985.
On 1 May 2020 WA's new strata titles laws commenced operation.
If an application has been filed with SAT before 1 May 2020, it will continue to be dealt with under the provisions of the Strata Titles Act 1985 as they were prior to the amendments taking effect.
If an application has been filed with SAT on or after 1 May 2020, it will be dealt with under the amended provisions of the Strata Titles Act 1985.
The SAT is now essentially the ‘one stop shop’ for strata disputes.
The types of strata cases the SAT can hear are:
Planning and Development
- Review of a local government decision
- Review of a Planning Commission decision
- Disregard an objection to an amendment of a scheme as being unreasonable
- Disregard an objection to an amendment of unit entitlement as being unreasonable
- Authorise the amendment of the schedule of unit entitlements
- Disregard an objection to a registration or an amendment of staged subdivision by-laws as being unreasonable
- Application by a strata company for an order regarding contravention of by-laws
- Application by an owner, occupier, or mortgagee for an order regarding contravention of by-laws
- Order for the enforcement of a covenant or condition in a strata lease in a leasehold scheme
Lot Owners and Occupiers
- Order where an owner cannot be located or lacks capacity to vote or consent
- Dispense with the requirement for approval of a structural alteration of a lot
- Exempt a strata company from obtaining required insurance
- Strata company to pay an owner the costs of insurance incurred, where the strata company failed to obtain insurance
- Extend the period after which a contract for the provision of amenities or services may be terminated
- Require a strata company of a 2, 3, 4 or 5 lot scheme to perform a designated function
- Authorise a member of a strata company to make an application on behalf of a strata company
- Prohibit strata manager or scheme developer from seeking or enforcing an indemnity when ordered by SAT to pay money
- Direct that money ordered by SAT to be paid by a strata company be levied against lots in specified proportions
Strata Titles Schemes
- Resolution of a scheme dispute
- Variation of a strata scheme on damage or destruction of a building
- Variation of a strata scheme on the taking of part of the land in the scheme by compulsory acquisition
- Variation of a survey-strata scheme on the taking of part of the land in the scheme by compulsory acquisition
Termination of Strata Titles Schemes
- Prohibit termination proposals being submitted for a specified period, before an outline of a termination proposal is submitted
- Prohibit termination proposals being submitted for a specified period, before a full termination proposal is submitted
- Confirm a termination resolution
- Directions about winding up of a strata company before a scheme is terminated
- Variation of directions made under s192(1)
Enforcement of Tribunal Orders
- Payment of compensation for failure to comply with a SAT order to take, or refrain from taking specified action
Special Provisions for Single Tier Strata Schemes
- Extension of period for reinstatement of part of a building without affecting boundary
- Recovery of insurance premium paid by an owner if no administrative fund
A recent copy (search), not older than 10 days, of the whole of the relevant strata plan or survey-strata plan, which can be obtained from Landgate.
This is to enable to Tribunal to ascertain the legal name of the strata company, the boundaries of the lots and common property and all current by-laws of the strata company (which is why it has to be a recent search).
A copy of each notification of change of by-laws and any management statement which is registered on the strata plan or survey strata plan (which are shown in the ‘Schedule of Encumbrances, etc.’ of the strata/survey-strata plan), which can be obtained from Each of these must be filed as a separate document.
This is to enable the Tribunal to have a copy of all the current by-laws of the strata company.
If the applicant is an owner. a recent copy (search), not older than 10 days, of the certificate of title for the lot on the strata/survey strata plan of which the applicant is the registered proprietor (owner), which can be obtained from Landgate.
This is to enable the Tribunal to check that the applicant is a current owner (which is why it has to be a recent search) and is correctly names in the proceeding and that the applicant’s lot is correctly identified.
If the applicant is a strata company, a copy of either the minutes of a meeting of the council of the strata company or the minutes of a general meeting of the strata company which record the passing of a resolution to make the application, with the specific item in the minutes which records the resolution identified.
This is to enable the Tribunal to be satisfied that the application has been properly authorised by the strata company.
A party may apply for leave for a SAT internal review for certain types of orders or declarations (as prescribed by the Strata Title Regulations 2019) made by a non-judicial SAT member within 28 days of the application (unless extension is granted by the President). If leave is granted, the internal review must be heard before a judicial member or senior member who is legally qualified and such other members whom the SAT President considers appropriate.
General information on strata titles is available at Landgate Strata Titles. The information on the Landgate Strata Titles website should not be regarded as legal advice.
If you require legal advice in relation to a strata titles matter, you will need to consult a lawyer
Last updated: 2 June 2022
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