Case Review: Duncan v The Owners of 16 Melville Parade [2025] WASAT 45

Case Review: Duncan v The Owners of 16 Melville Parade [2025] WASAT 45

This case review was written by Alissa Hammond, a Solicitor in our Perth office.

The most recent State Administrative Tribunal decision under the Strata Titles Act 1985 (WA) (Act) is that of Duncan and The Owners of 16 Melville Parade, South Perth Strata Plan 18919 [2025] WASAT 45 released in late May 2025. This case relates to the council members performance of the functions of the strata company in accordance with the Act and their statutory duties, including properly maintaining common property and acting honestly at all times. This decision illustrates the negative impacts of relatively minor concerns of an owner escalating to a complete breakdown in the relationship between that owner and the council member, which ultimately lead to Tribunal proceedings and orders sought for an Administrator to be appointed.

Ms Duncan’s position was that the council of the strata company had, for a number of years, been acting in contravention of the Act and their duties by failing to maintain common property and targeting her personally, resulting in her considering selling her lot and moving. Despite numerous complaints, a previous Tribunal proceeding, Magistrates Court proceeding and mediation sessions, Ms Duncan was of the view that the scheme was ‘dysfunctional’. Ms Duncan applied to the Tribunal to have the ‘ordeal’ resolved by the appointment of an Administrator to replace the council members and perform the duties of the strata company. Extensive evidence was submitted by the applicant, responded to by the council members and counsel for the strata company, and then considered by Member Petrucci. Whilst the application was ultimately unsuccessful, it demonstrates the significant toll that unresolved issues in a strata scheme can have on owners, including council members, particularly where they continue unresolved for a number of years.

Strata owners and strata managers are all too familiar with the intricacies of balancing relationships between lot owners and occupiers to ensure a functional and harmonious living environment. There is no doubt that strata law in WA is complex and many owners are somewhat unaware of the responsibilities that are bestowed on them as members of the strata company. In our experience, expert advice and skilled strata management teamed with clear and transparent communication between the owners can avoid minor concerns escalating into ‘ordeals’ and potentially costly and stressful Tribunal proceedings.

A practical tip: Strata companies can put in place adequate policies and support to guide and assist their council members in the performance of their functions. This will help ensure those volunteer council members can consistently achieve their goal of carrying out the scheme functions proficiently and for the benefit of all owners.

© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.