Category

Strata

Author

Maddison Royce

Tags

Realmark Strata

FOLLOWERS

Strata Law Changes - What to do if you're a seller

14-Jun-2020
Strata law changes - seller
In May 2020 new law affecting the way strata is developed, sold, managed and lived took effect in Western Australia. Over the coming months these important updates will be implemented to modernise strata property in Western Australia. One of the changes included information to be provided to the prospective buyers of strata properties.

At a high level the seller will need to provide the prospective buyer with information including:
•Estimated strata levy contributions over a 12-month period
•The most recent statement of accounts of the strata scheme
•Any amount already owed to the strata company by the current lot owner
•The minutes from the most recent annual general meeting of the strata company or any extraordinary general meeting that’s been held since
•A full set of the scheme’s by-laws
•Information about any termination proposal received by the strata company.

For any properties that are part of a strata scheme with 10 lots or more, are now required to have a 10-year maintenance plan and reserve fund. This is also required from schemes with a $5 million replacement cost for building/s or improvements on the common property. Not all properties will be sold with information about a 10-year maintenance plan and reserve fund, as strata schemes have the next year to implement these.

There is also some extra information if the seller is the developer of the strata scheme.

Sellers will have to provide prospective buyers with more information, using the prescribed disclosure form and a general information form. Some of the new forms released by Landgate include:

•Precontractual Disclosure Statement to the Buyer (replaces Forms 28 and 29)
•Schedule 1 and Schedule 2 By-laws (these have been rewritten)

Even after a contract is signed if certain changes occur, the seller may need to advise the buyer, these are referred to as notifiable variations. You should liaise with your lawyer, settlement agent and real estate representative if there have been changes to a strata scheme that you are selling as soon as practicable to ensure that you provide the required information in time.

Realmark are on hand to support you if you are selling or leasing a strata property or would like assistance with strata management.


You can learn more at www.strata.wa.gov.au/.


The above information is general in nature, please obtain advice specific to your circumstances before acting.
Strata law changes - seller

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