In Lenane and The Owners of Harbour Pines Strata Plan 23297 [2025] WASAT 53, SAT considered an interesting application in which various lot owners alleged that at an extraordinary general meeting (EGM), the conduct of the strata manager as the chairperson of the EGM and the council of the strata company was a breach of the strata company’s duty under section 119 of the Strata Titles Act 1985 (WA) to not act oppressively or unreasonably.
The discussions primarily related to the adoption of the 10 year maintenance plan for the strata company. Among other things, it was alleged that the floor of the EGM was held by a council member with “unhelpful rhetoric”, attempts by certain owners to make statements or ask questions on issues were blocked by the chairperson, and the EGM was conducted “with appalling railroad tactics to just push (the) vote through without any discussion”.
However, while SAT appeared to acknowledge that these allegations may have had some basis, SAT found that they ran counter to the fact that the strata company allowed for a month-long consultation period in respect of the maintenance plan and none of the relevant owners availed themselves of that opportunity. SAT found that the owners attempted a “concerted ambush” of the discussion on the merits of the maintenance plan at the EGM and the chairperson was entitled to act as she did in the circumstances.
The key takeaways for strata managers and councils are as follows:
1) Unreasonably blocking or preventing discussions between owners at general meetings could be seen as conduct which is unfairly prejudicial, oppressive or unreasonable which may be construed as the strata company acting in contravention of its duty under section 119 of the Strata Titles Act 1985 (WA); and
2) Such risk can be minimised by the strata company inviting prior consultation in respect of items listed on the agenda for a general meeting and the strata company reasonably engaging in that consultation process.
In the judgment, SAT also confirmed that the 10 year maintenance plans for strata companies do not, in and of themselves, authorise the levying of contributions on lot owners or authorise the strata company to make expenditure in accordance with the plan. The application was wholly dismissed.
If you need advice or assistance in respect of strata company or general meeting processes, do not hesitate to contact the team at Bugden Allen’s Perth office.
This article was first published on 22 July, 2026 and was written by Jonathan O’Connor, Senior Associate in our Perth office.
© 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.
