Resource

Who to Take Action Against

Identifying the correct liable party is the first step in lawful enforcement.

Registered Proprietor Primary Liability

The person or company whose name appears on the Strata Title.

  • Legally liable for all outstanding maintenance charges and sinking funds.
  • Subject to voting rights restrictions if arrears persist.
  • Primary target for Letters of Demand and legal proceedings.

Beneficial Owner Primary Liability

The purchaser in the Sales & Purchase Agreement (SPA) where the strata title has not yet been transferred.

  • Liable under contract and the Strata Management Act.
  • Treated as the "proprietor" for enforcement purposes prior to title transfer.

Tenant / Occupier Limited Liability

A person renting or occupying the unit who is not the owner.

  • Generally not liable for maintenance charges (this is the owner's debt).
  • However, rent may be intercepted via a Warrant of Attachment (Form A) to settle arrears owed by the landlord.

The Developer Primary Liability

For unsold units.

  • The developer is liable for maintenance charges for all unsold parcels.
  • Must pay the same rate as other purchasers.
Verification Required

Before any action is taken, proper verification of ownership status via land search or strata roll inspection is essential. SEPM does not determine liability; this is a legal determination made by appointed solicitors based on the facts.