Your Rights and Roles as a Strata Unit Owner

Buying a Unit Buys You a Seat at the Table

When you buy into a strata corporation in South Australia, you don't just buy a unit. You become a member of the corporation — automatically, the moment settlement happens. You have a vote at meetings, a say in how the group is run, and a set of legal rights and responsibilities under the Strata Titles Act 1988. This article walks through those rights and responsibilities from the owner's perspective.

If you're also interested in how the Management Committee works — the duties of committee members, meeting procedure, conflict of interest, and the like — see our guide to strata management committees, which is the committee-focused companion to this article.

Membership: Section 18

Under Section 18 of the Strata Titles Act, every unit holder is automatically a member of the strata corporation. You don't need to sign anything or opt in — ownership is membership. Your membership ends when you sell the unit and the new owner is registered on the title.

The Articles Bind You: Section 20

The corporation's Articles (its internal rules) are legally binding on:

• The corporation itself
• All unit holders
• Any occupier of a unit (such as a tenant), insofar as the Articles affect the use of units or common property

If you rent out your unit, you're required to take reasonable steps to ensure your tenant complies with the Articles. A landlord who allows a tenant to breach the Articles can be held liable themselves. For more on what Articles typically contain and how they're enforced, see our guide to by-laws and Articles.

How Voting Works: Section 34

The voting system in a residential strata corporation is simple in principle but has a few nuances worth understanding.

One Vote Per Unit

Each unit gets one vote on any matter, regardless of how many people own it. Where a unit has two or more registered owners:

• If only one owner attends the meeting, that owner casts the vote.
• If multiple owners attend, they need to agree among themselves who casts the vote. If there's no agreement, the vote defaults to the owner whose name appears first on the certificate of title.

Proxies

You can appoint someone else — another owner, a family member, or anyone else you trust — to cast your vote on your behalf by signing a proxy form before the meeting. Your manager can usually provide a blank proxy form.

Absentee Votes

If you can't attend and don't want to appoint a proxy, Section 34 allows you to cast an absentee vote on a specific proposed resolution. You need to give the secretary written notice of your vote at least six hours before the meeting starts. This only works for resolutions that are already on the agenda — you can't absentee-vote on something that comes up during the meeting itself.

Unfinancial Members

There's one important exception: if you're behind on your levies, you generally cannot vote. Section 34(7) provides that a vote isn't exercisable in relation to a unit unless all amounts due and payable to the corporation have been paid. The one case where an unfinancial owner can still vote is on matters requiring a unanimous resolution, because the law recognises that everyone's consent is needed for those decisions.

Non-Residential Groups

For commercial and industrial strata schemes, the corporation can unanimously decide to adopt a different voting system — one where votes are weighted in proportion to unit entitlement rather than one vote per unit. This option isn't available to residential groups.

Your Right to Attend and Call Meetings: Section 33

The corporation must hold at least one general meeting — the AGM — every calendar year, and no more than 15 months after the last one. You're entitled to attend every general meeting of the corporation, ask questions, raise concerns, and move motions.

If you feel a meeting is needed and the usual channels aren't moving, Section 33 gives you options. A general meeting can be convened by:

• The secretary of the corporation
• Any two members of the Management Committee
• Unit holders representing one-fifth or more of the total number of units

That last option is the owner's safety valve: if your manager or committee is unresponsive, you and a group of fellow owners can call a meeting directly by signing a notice and sending it to all owners, with at least 14 days' notice before the meeting date. This is the mechanism used in the steps outlined in our guide to changing your strata manager.

Your Right to Inspect the Insurance: Section 32

The corporation is required by law to keep all buildings insured to their full replacement value and to carry public liability insurance of at least $10 million. As a unit holder, you have a statutory right under Section 32 to inspect current insurance policies — simply request copies in writing, addressed to the secretary of the corporation. For more on what body corporate insurance covers, see our guide to insurance.

Your Rights as a Prospective Buyer: Section 41

If you're buying into a strata group, Section 41 of the Strata Titles Act gives you the right to request information from the corporation. The corporation must, on application (with the prescribed fee), furnish:

• Particulars of any levy contribution payable in relation to the unit, including arrears
• Particulars of the assets and liabilities of the corporation
• Particulars of any expenditure the corporation has incurred or resolved to incur
• Copies of minutes of general meetings and committee meetings (for up to the past two years)
• The most recent statement of accounts
• The Articles currently in force
• Copies of current insurance policies

The corporation must also make its accounting records and minute books available for inspection. This is the basis of the standard "corporation search" that your conveyancer obtains before settlement. For the full buyer's checklist, see Buying a Strata or Community Titled Unit.

Dispute Resolution: Section 41A

If you believe the corporation, the Management Committee, or another unit holder has acted in a way that is unreasonable, oppressive, or unjust — or has breached the Act or the Articles — Section 41A gives you a path to the courts. Specifically, you can apply to the Magistrates Court on any of the following grounds:

• A breach of the Act or Articles has occurred
• You've been prejudiced as an occupier by a wrongful act of the corporation, the committee, or another owner
• A decision of the corporation or committee is unreasonable, oppressive, or unjust
• There's a dispute between the corporation and a member, or between two or more members, about the use or occupation of a unit

The court is required to act "according to equity, good conscience and the substantial merits of the case" — meaning it's designed to hear these matters without legal technicalities getting in the way. Complex or high-value matters can be transferred to the District Court. For a broader treatment of disputes and how to resolve them, see our disputes article.

How to Participate Beyond Voting

Voting is the formal minimum. There are several other ways to be involved in your corporation:

• Stand for the committee. The Management Committee is elected from unit holders at the AGM. Even a small committee benefits from having more than the bare minimum of members.
• Attend meetings and raise issues. Agendas usually include general business at the end — that's your opportunity to raise concerns or ask questions of the committee.
• Offer to help with specific projects. Many committees appreciate an owner willing to coordinate a gutter clean, get painting quotes, or liaise with a contractor.
• Read the minutes. If you can't attend, reading the minutes afterwards keeps you informed and lets you raise concerns in writing before the next meeting.

If you're thinking about standing for the Management Committee, be aware that committee members take on additional legal duties under both the Strata Titles Act and the Corporations Act 2001 — including potential personal liability for certain corporation offences under Section 47 of the Act. Read our guide to strata management committees before you nominate, so you understand what you're signing up for.

Your Responsibilities as an Owner

Along with the rights come responsibilities. The core ones under the Articles and the Act:

• Keep your unit in good repair and a clean, tidy condition
• Not interfere with the reasonable enjoyment of the common property by other owners or visitors
• Not make undue noise
• Notify the corporation of any change in ownership or occupancy
• Carry out any work ordered by a council or public authority in respect of your unit
• Obtain corporation approval before any building work or alteration to the external appearance of the unit (see the Section 29 rules in Unit Titles Explained)
• Comply with the by-laws on animals, rubbish, parking, and signs

For tenants, the unit holder remains ultimately responsible — the Articles bind occupiers, but enforcement typically runs through the owner.

Get in Touch

If you have a question about your rights as a unit owner, or a situation you're not sure how to handle, get in touch. We manage strata groups across South Australia and are happy to help.

Call us on 1300 792 255 or email hello@acaciacollective.com.au.