Western Australian Current Acts

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           Long Title

   PART I -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Terms used
   3A.     Single tier strata schemes to which s. 3AB applies
   3AB.    Alternative boundaries for lots in single tier strata schemes
   3AC.    Resolution without dissent
   3B.     Special resolution of strata company
   3C.     Supplementary provisions to s. 3AC and 3B
   3CA.    Certain resolutions deemed to be resolutions without dissent or special resolutions
   3D.     Unfinancial proprietors may vote in certain cases

   PART II -- Strata schemes and survey-strata schemes

           Division 1 -- Creation of lots and common property  

   4.      Subdivision into lots and common property
   5.      Strata plan: requirements
   5A.     Survey-strata plan: requirements
   5B.     Further provisions as to registration of plans
   5C.     Management statement setting out by-laws may be registered
   5D.     Creation of easements by notation on survey-strata plans
   5E.     Provision on plan etc. overrides regulations as to easements
   5F.     Variation or discharge of easements under s. 5D
   5G.     Easement where common ownership
   5H.     Regulations as to easements
   6.      Strata/survey-strata plan may restrict use of parcel or part of parcel
   6A.     Restrictions relating to retired persons
   7.      Structural erections, alterations and extensions restricted, strata schemes
   7A.     Structural erections, alterations and extensions restricted, survey-strata schemes
   7B.     Further provisions as to approvals for purposes of s. 7 and 7A
   8.      Re-subdivision within a scheme
   8A.     Requirements for plan of re-subdivision
   8B.     Transfers etc. to give effect to plan
   8C.     Effect of registration of plan of re-subdivision
   9.      Consolidation of lots
   10.     Conversion of lots into common property
   11.     Support and services
   12.     Shelter
   12A.    Access for maintenance where part of building intrudes into another lot
   13.     Ancillary rights
   14.     Unit entitlement of lots
   15.     Reallocation of unit entitlement by resolution without dissent (or unanimous resolution, in the case of a two-lot scheme)
   16.     Reallocation of unit entitlement by SAT

           Division 2 -- Common property  

   17.     Ownership of common property
   18.     Acquisition of additional common property
   19.     Transfer or lease of common property
   20.     Creation of easements and covenants
   21.     Encroachments treated as common property

           Division 2A -- Merger of common property into lots in certain strata schemes

              Subdivision 1 -- Preliminary  

   21A.    Term used: existing small strata scheme
   21B.    Division only applies to single tier strata schemes
   21C.    Procedures cannot be invoked more than once
   21D.    Saving

              Subdivision 2 -- Merger by resolution of buildings that are common property  

   21E.    Application of this Subdivision
   21F.    Resolution by strata company
   21G.    Lodgement of notice of resolution for registration
   21H.    Registration of notice of resolution
   21I.    Effect of registration
   21J.    Registrar of Titles to amend strata plan

              Subdivision 3 -- Automatic merger of buildings that are common property  

   21K.    Terms used
   21L.    Application of this Subdivision
   21M.    Automatic application of lot boundaries under s. 3AB
   21N.    Plan to be noted
   21O.    Objection by proprietor

              Subdivision 4 -- Merger by resolution of land that is common property  

   21P.    Application of this Subdivision
   21Q.    Resolution by strata company
   21R.    Further provisions as to contents of resolution
   21S.    Notice of resolution may be lodged for registration
   21T.    Documents to accompany notice
   21U.    Certificate of licensed surveyor
   21V.    Transfers etc. to give effect to notice of resolution
   21W.    Creation of easements for parking etc.
   21X.    Registration of notice of resolution
   21Y.    Effect of registration
   21Z.    Registrar of Titles to make necessary amendments

           Division 3 -- Certificates and approvals  

   22.     Certificate of licensed surveyor
   24.     Preliminary determinations by local government
   25.     Certificate of Commission
   25A.    Commission to refer plan to other bodies in certain cases
   25B.    Subdivision in survey-strata scheme requires approval by Commission
   26.     Review of local government decision
   27.     Review of Commission decision

   PART III -- Variation, termination and conversion of schemes

           Division 1 -- Variation of schemes  

   28.     Variation of strata scheme upon damage or destruction of building
   29.     Variation of strata scheme upon taking
   29A.    Variation of survey-strata scheme on resumption
   29B.    Lodgement of documents with Registrar following partial taking in strata scheme

           Division 2 -- Termination of schemes  

   29C.    Termination of scheme by resumption
   30.     Termination of strata scheme by unanimous resolution
   30A.    Termination of survey-strata scheme by unanimous resolution
   31.     Termination of scheme by order of District Court

           Division 3 -- Conversion of strata schemes to survey-strata schemes  

   31A.    Division only applies to single tier strata schemes registered before 1 January 1998
   31B.    Saving
   31C.    Resolution by strata company
   31D.    Notice of resolution may be lodged for registration
   31E.    Documents to accompany notice
   31F.    Certificate of licensed surveyor
   31G.    Creation of easements
   31H.    Transfers etc. to give effect to resolution
   31I.    Registration of notice of resolution
   31J.    Effect of registration
   31K.    Registrar of Titles to make necessary amendments

   PART IV -- Management

           Division 1 -- Strata companies  

   32.     Incorporation of proprietors
   33.     Strata company is representative of proprietors in proceedings
   34.     Contract formalities
   35.     Duties of strata companies
   35A.    Roll to be kept by strata company
   36.     Levy of contributions on proprietors
   36A.    Certain provisions do not apply to companies for two-lot schemes
   36B.    Certain provisions may be excluded for 3, 4 or 5 lot schemes
   37.     Powers of strata company
   38.     Power of strata company to carry out work
   39.     Power of strata company to enter
   39A.    Power to terminate certain contracts for services
   40.     Change of strata company’s address for service
   41.     Change of name of strata company
   42.     By-laws
   42A.    By-laws may provide for penalties
   42B.    By-laws may provide for different basis for levying contributions
   42C.    Transitional provision
   43.     Supply of information and certificates by strata company

           Division 2 -- Councils  

   44.     Functions of councils
   45.     Corporate body may be chairman, secretary, treasurer or council member
   46.     Performance of functions where no council or no quorum
   47.     Restrictions on powers of expenditure
   48.     Recovery of books and records by council

           Division 3 -- Meetings  

   49.     First annual general meeting
   50.     Voting at meetings
   50A.    Disqualification from voting as proxy
   50B.    Quorum for meeting of strata company for two-lot scheme
   51.     Relief where unanimous resolution or resolution without dissent required
   51A.    Relief where unanimous resolution required for two-lot scheme
   52.     Performance of functions by proprietors in general meeting

           Division 4 -- Insurance

              Subdivision 1 -- Preliminary  

   53.     Terms used

              Subdivision 2 -- Insurance in single tier strata schemes  

   53A.    Application of this Subdivision
   53B.    Insurance for lots in single tier strata schemes
   53C.    Insurance for common property in single tier strata schemes
   53D.    Strata company’s obligations where it has an insurance function in single tier strata schemes
   53E.    Recovery of premium by strata company or proprietor where no administrative fund in single tier strata schemes

              Subdivision 3 -- Insurance in schemes other than single tier strata schemes  

   54.     Insurance of buildings and strata companies

              Subdivision 4 -- Insurance provisions applicable to all schemes  

   54A.    Where insurance cover refused, proprietor may be required to take action
   55.     Further insurance by strata company and actions by proprietor against strata company
   55A.    Proprietor liable for increased insurance premium in certain cases
   56.     Insurance by proprietor
   56A.    Proprietor may insure if strata company in default
   57.     Insurance of mortgaged lot
   58.     Insurable interest
   59.     Application of insurance moneys to rebuilding

           Division 5 -- Rates, taxes and charges  

   60.     Delivery of plans to authorities
   61.     Particulars on plan to be conclusive for rating and taxing purposes
   62.     Rating on unimproved value
   62A.    Rating for survey-strata schemes
   63.     Rating on gross rental value
   64.     Proprietor may seek a review of unimproved value of parcel
   65.     Land tax and metropolitan region improvement tax
   65A.    Land tax etc. for survey-strata schemes
   66.     Charges for water supplied
   67.     Water service charges under the Water Services Act 2012

   PART V -- Protection of purchasers  

   68.     Terms used
   69.     Information to be given to purchaser
   69A.    Notifiable information, to be given by every vendor
   69B.    Notifiable information to be given by original proprietor in certain cases
   69C.    Vendor to inform purchaser of full particulars of notifiable variation
   69D.    When purchaser may avoid contract
   69E.    Effect of avoidance
   70.     Holding of deposit and other contract moneys when a lot is pre-sold
   70A.    Contracting out prohibited
   70B.    Saving

   PART VI -- Resolution of disputes

           Division 2 -- Applications for orders  

   77.     How applications are made
   77B.    Disputes procedures for scheme to be followed
   78.     SAT may inspect certain records
   79.     Notice of application to be given

           Division 3 -- Orders by State Administrative Tribunal  

   81.     Orders under this Division
   82.     Interim orders
   83.     General powers of SAT to make orders
   84.     Further powers of SAT
   85.     Order with respect to certain consents affecting common property
   86.     Order with respect to acquisition of personal property
   87.     Order to acquire personal property
   88.     Order to make or pursue insurance claim
   89.     Order varying certain rates of interest
   90.     Order to supply information or documents
   91.     Order relating to animal kept contrary to by-laws
   92.     Order relating to animal kept pursuant to by-laws
   93.     Order relating to by-laws
   94.     Order granting certain licence
   95.     SAT may make certain by-laws
   97.     Power of SAT to invalidate a resolution or election
   98.     Order authorising application to SAT
   99.     Order for variation or manner of payment of contributions
   99A.    Order fixing different basis for levying contributions
   100.    Order where voting rights denied or due notice of item of business not given
   101.    Order varying amount of insurance to be provided
   102.    Order appointing administrator
   103.    Order calling first annual general meeting of strata company
   103A.   Order for compliance, despite s. 36A
   103B.   Order to enable quorum in two-lot scheme
   103C.   Order making resolution for two-lot scheme
   103D.   Order cancelling special resolution
   103E.   Order for termination of contract for services to strata company
   103F.   Order dispensing with approval under s. 7(2) or 7A(2)
   103G.   Order granting relief for breach of s. 7(2)
   103H.   Order for variation of unit entitlement
   103I.   Order for payment of penalty
   103J.   Order for exemption from s. 54 or 55(1)
   103K.   Order for compliance with s. 54A
   103L.   Order to contribute to insurance premium paid by proprietor
   103M.   Order as to resolution under s. 21F or 21Q
   103N.   Order for extension of period for reinstatement of building under s. 3AB(2)
   103O.   Order for extension of period for reinstatement of building under regulations
   103P.   Order reversing the effect of s. 21M
   103Q.   Order rectifying failure to give notice under s. 123A
   103R.   Order rectifying failure to give notice under s. 123C
   104.    Copy of order to be served

           Division 4 -- Appeals  

   111.    Expenses of strata company on appeal
   113.    Copy of order to be served

           Division 5 -- Miscellaneous  

   114.    Effect of certain orders
   115.    Recording of certain orders
   121.    SAT not to have jurisdiction where title to land in question

   PART VII -- Miscellaneous  

   122.    Other rights and remedies not affected by this Act
   122A.   Caravan and camping areas not to be subdivided
   123.    Dividing fences
   123A.   Transitional provision as to dividing fences
   123B.   Internal fencing
   123C.   Transitional provision as to internal fencing
   124.    Notice of application for order under s. 28, 29 or 31
   125.    Service of documents on strata company, proprietors and others
   126.    Powers of entry by public authority or local government
   127.    Service of orders by public authority or local government
   129.    Procedure upon application to District Court
   129A.   Correction of errors by Registrar
   129B.   Delegation by Commissioner of Titles
   129C.   Delegation by Registrar of Titles
   129D.   Money received by Registrar
   130.    Regulations
   131A.    Certain prescribed fees may exceed cost recovery
   131B.   Expiry of section 131A
   132.    Transitional and savings

   PART VIII -- Transitional provisions for amendments made to this Act  

           Division 1 -- Transitional provisions arising from certain amendments made by the Building Act 2011

   133.    Terms used
   134.    Certificates of local government required by s. 5B(2)
   135.    Certificates of local government required by s. 8A(f)
   136.    Applications for certificates of local government and review of related decisions
           SCHEDULE 1 -- By-laws  
           SCHEDULE 2 -- Schedule 2 by-laws  
           SCHEDULE 2A -- Matters that may be provided for in management statement
           SCHEDULE 3 -- Transitional and savings provisions  
           SCHEDULE 4 -- Transitional provisions for by-laws of strata companies other than companies to which Schedule 3 applies  
           Compilation table

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