Proper service is something which can be overlooked at the time a notice under the Strata Titles Act 1985 (WA) is issued. It tends to become the issue months later, when an owner disputes a levy, resists a by-law enforcement application, or challenges a resolution passed at a general meeting, and the first question asked is whether the notice was validly served.
Section 216 of the Strata Titles Act 1985 (WA) sets out the ways in which a document required or authorised by the Strata Titles Act 1985 (WA) or the scheme by-laws may be served.
The documents commonly served by strata companies and strata managers include:
- notices of general meetings and of proposed resolutions;
- notices of a contravention of the scheme by-laws under section 47; and
- notices required or authorised under the scheme by-laws.
The importance of compliance with service requirements was illustrated in Konig and The Owners of Tranby on Swan Strata Plan 2232 [2021] WASAT 156. In that case, a strata company sought to authorise works to replace balustrades forming part of the common property by an ordinary resolution passed outside a general meeting. SAT found that owners had been given less than the 14 days’ notice of the proposed resolution required by section 123 and that, the notice period being definitional, there was no ordinary resolution. That case concerned the period of notice rather than the method of service, but the principle is the same. Where the Act prescribes how notice is to be given, non-compliance can have significant consequences.
Some core practical tips for strata managers to be aware of are as follows:
- Identify who is being served. Section 216 deals separately with the strata company, owners, occupiers and other persons such as mortgagees. A method effective for an owner is not necessarily effective for an occupier.
- Do not assume that email constitutes service.
- Identify the correct address and appropriate method for service. Work from the strata roll where applicable. For example, an owner may be served at the address for service appearing on the roll maintained under section 105. If there is no address for service, the document may be posted to the owner at the address of the lot. Occupiers may be served by post to the lot address.
- Save a copy of the roll as at the date of service where the roll is the source of the address for service. Many strata management platforms overwrite owner details when the roll is updated and do not retain a historical record. If service is challenged a year later, the strata company needs to be able to prove the address for service recorded on the roll on the day the notice was sent. Service is considerably easier to establish at the time a notice is issued than after a dispute has arisen.
- Ensure any required notice periods are complied with, allowing for delivery time.
If you require advice or assistance in relation to the service of notices or any other strata company processes, do not hesitate to contact the team at our Perth office.
This article was first published on 7 August, 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.
