Western Australia Strata Company Law: SAT, By-Laws and Levies

Western Australia calls the managing entity of a strata titles scheme a strata company, run by an elected council, under the Strata Titles Act 1985 (WA), with the State Administrative Tribunal (SAT) as the forum for scheme disputes.

Information last verified on 21 July 2026 against the primary legislation. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers strata law in Western Australia only, under the Strata Titles Act 1985 (WA), verified 21 July 2026. It does not state regulation-level detail beyond what the Act itself sets out, and it does not cover survey-strata schemes' subdivision-approval process in depth.

Terminology and governing law

Western Australia calls the entity that manages a strata titles scheme a "strata company," a term distinct from every other state's "owners corporation" or "body corporate." The Strata Titles Act 1985 (WA) governs how a strata company operates, and defines "Tribunal" by reference to the State Administrative Tribunal Act 2004 (WA), meaning the State Administrative Tribunal, SAT, is the forum the Act repeatedly points to for enforcement and dispute resolution. A strata company acts through an elected "council," Western Australia's equivalent of a committee or executive committee elsewhere, and a "strata manager" can be authorised to perform defined functions on the strata company's behalf, subject to its own disclosure duties around remuneration and conflicts of interest.

Disputes: SAT, but not automatically

Part 13, "Tribunal proceedings," gives SAT jurisdiction over "scheme disputes," a defined category covering disagreements about scheme documents and by-law validity, performance or non-performance of a function under the Act or by-laws, alleged contraventions of the Act, and the validity of a strata company or council decision or the appointment of a council member or officer. Section 198 sets out the Tribunal's procedure for these matters, and section 198(5)(d) specifically allows the Tribunal to decline a dispute if satisfied "that the nature and gravity of the dispute is such that it is reasonable to expect the parties to resolve the dispute without recourse to the Tribunal." A member who believes the strata company has unreasonably refused to bring its own application can, under section 198(1), apply to be authorised to bring the application on the strata company's behalf, including authorisation to spend a defined amount from the company's funds on legal advice.

By-laws: specific animal protection, plus a general test

Section 46 lists the grounds on which a scheme by-law is invalid: no power to make it, inconsistency with the Act or another written law, inconsistency with a restricted-use condition, denying or limiting a member's right to vote, restricting dealing with a lot, discharging or modifying an easement or restrictive covenant, and two animal-specific grounds. Section 46(h) voids a by-law to the extent it prohibits or restricts keeping an assistance animal used by a person with a disability, and section 46(i) does the same for a visitor's use of an assistance animal on the parcel. Neither extends that protection to an ordinary pet. Section 46(j), the general catch-all, voids a by-law to the extent that, "having regard to the interests of all of the owners of lots... in the use and enjoyment of their lots and the common property," it is "unfairly prejudicial to, or unfairly discriminatory against" an owner, or is "oppressive or unreasonable." An ordinary pet by-law is assessed under this general test rather than a dedicated pet provision. See pets in strata schemes across Australia and strata by-laws across Australia for the wider comparison.

Funds and levies

Section 100 requires every strata company to establish an "administrative fund" for the control and management of common property, insurance premiums and other obligations, raised by levying contributions on lot owners in proportion to their unit entitlements (or another basis the by-laws set). A "designated" strata company must also establish a "reserve fund" for larger, contingent or future expenses; any other strata company may choose to. Section 100(1)(d) lets a strata company recover, by court action if necessary, any money it spent on repairs or work it did, or had done, to comply with a notice issued or order made under a written law affecting a lot, a mechanism aimed at an owner whose default created the need for the work. See strata levies across Australia for how this compares with New South Wales, Victoria and South Australia.

Smaller schemes get their own rules

Western Australia's Act specifically recognises that a two, three, four or five-lot scheme does not need the same governance overhead as a large apartment building. The Act sets out special rules for these smaller schemes, adjusting requirements that would otherwise apply to every strata company regardless of size, such as formal council structures and meeting procedures, to something more proportionate for a handful of lots. A strata company for a small scheme is still bound by the same by-law validity rules under section 46 and the same fund obligations under section 100 as a larger one; what differs is some of the procedural machinery around running it.

What Western Australia does not have

This page does not state a Western Australian equivalent to New South Wales' section 137B pet-reasonableness presumption, because none was found; Western Australia's own animal-related provisions are the narrower assistance-animal protections in section 46(h)-(i) described above. It also does not state precise regulation-module-style figures for levy interest rates or notice periods beyond what section 100 itself sets out, since the Act leaves some administrative detail to the strata company's own by-laws rather than fixing it in the statute.

This page is general legal information about strata, owners corporation, body corporate and community title law in Australia, verified on 21 July 2026. It is not legal advice, and it does not cover every situation or every by-law or scheme rule that may apply to a particular development. For advice about a specific dispute, levy or by-law, consult a legal practitioner admitted in the relevant Australian state or territory.