#13589
Jimmy-T
Keymaster

    First up, I'm not sure if exactly where strata law is the same or different in WA but it will be. 

    The first question is whether or not the Owners Corporation could make this decision by a simple majority, then there's a question of whether this includes subscription as well as connection.  And then there's the whole question of any opt-out possibilities (unlikely if common property is involved).

    WA strata law is still in its infancy and they are way behind the rest of us in its development and application.  For instance, strata managers in WA don't even have to be licensed.  You can download the WA government's Guide To Strata Titles HERE but I don't know how much help it will be.  It does say that changes to any structure must have unanimous approval – but I don't know if that applies to cabling Foxtel. 

    25.1 Strata Schemes (sec 7 and 7B STA)
    25.1.1 Approval for Structural Alterations
    The alterations of any structure on a strata lot must be approved by the other lot owners in writing or the strata company by a resolution without dissent at a general meeting.

    Strata Disputes in WA are refereed by the State Administrative Tribunal but the guide warns that they will not offer advice and, in any case, their decision may end up in court.  (Sounds familiar, eh?)It costs about $60 to register a dispute and you can get the forms HERE.

    Where to go for advice, I'm not sure.  You could start with the WA branch of Strata Communities Australia – the new national umbrella body for strata managers. Their website is HERE.  Or you could contact the Strata Titles Institute of WA at their email address: admin@stiwa.com.au.

    One thing though – three other people voted against the Foxtel installation and they should all be working together on this. Time for a cup of tea with the neighbours, I reckon.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.