Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 143

143 .         Authorisation of functions of strata manager

        (1)         A strata company may, subject to this Part, authorise a person (a strata manager ) to perform a specified scheme function.

        (2)         An authorisation under this section —

            (a)         is subject to any conditions specified by the strata company; and

            (b)         may be varied or revoked by the strata company.

        (3)         If the performance of a function of a strata company requires a unanimous resolution, resolution without dissent, special resolution or ordinary resolution, the strata manager may perform the function only if a vote has been taken on a proposed resolution and it has been passed as a resolution of the relevant kind.

        (4)         A legal practitioner does not act as a strata manager in providing services that can, under the Legal Profession Uniform Law (WA) , be provided only by a legal practitioner.

        (5)         A strata manager cannot be authorised to perform any of the following functions —

            (a)         authorising a person to perform a scheme function other than as an agent, employee or contractor of the strata manager;

            (b)         determining contributions;

            (c)         entering into a contract with another strata manager, varying, extending or terminating such a contract or making a decision relating to such a contract or the meaning of such a contract;

            (d)         terminating a contract for services or amenities under section 115;

            (e)         commencing proceedings on behalf of the strata company in the Tribunal or in a court or other tribunal;

            (f)         authorising the strata company’s common seal to be applied to a document;

            (g)         authorising a person to sign documents on behalf of the strata company or on behalf of the council or an officer of the strata company;

            (h)         a scheme function declared by the regulations to be a scheme function that may not be performed by a strata manager.

        (6)         An act or thing done by a person under an authorisation under this section —

            (a)         has effect as if it were done by the strata company, council or officer of the strata company (as the case requires); and

            (b)         is taken to have been done by the strata company, council or officer of the strata company (as the case requires).

        (7)         The authority of a strata manager to perform a scheme function does not prevent the function from being performed by the strata company, council or officer (as the case requires).

        (8)         However, if the strata company, council or officer performs such a function, the strata company, council or officer must notify the strata manager authorised to perform the function of that fact.

        [Section 143 inserted: No. 30 of 2018 s. 83; amended: No. 9 of 2022 s. 406.]