Western Australian Current Acts Western Australian Current Acts (1) A strata company
must —
(a)
establish a fund (an administrative fund ) for administrative expenses that is
sufficient in the opinion of the strata company for the control and management
of the common property, for the payment of any premiums of insurance and the
discharge of any other obligation of the strata company; and
(b)
determine the amounts to be raised for payment into the administrative fund;
and
(c)
raise amounts so determined by levying contributions on owners of lots —
(i)
in proportion to the unit entitlements of their
respective lots; or
(ii)
if the scheme by-laws provide for a different basis for
levying contributions, in accordance with that basis;
and
(d)
recover from the owner of a lot, by action in a court of competent
jurisdiction if necessary, any sum of money expended by the company for
repairs or work done by it or at its direction in complying with a notice
issued, or order made, under a written law in respect of the lot.
[(1a) deleted]
(2) A strata company
must, if it is a designated strata company, and may, in any other case —
(a)
establish a fund (a reserve fund ) for the purpose of accumulating funds to
meet contingent expenses, other than those of a routine nature, and other
major expenses of the strata company likely to arise in the future; and
(b)
determine the amounts to be raised for payment into the reserve fund; and
(c) may
raise amounts so determined by levying contributions on the owners in
proportion to the unit entitlements of their respective lots.
(2A) A designated
strata company must ensure —
(a) that
there is a 10 year plan that sets out —
(i)
the common property and the personal property of the
strata company that is anticipated to require maintenance, repair, renewal or
replacement (other than of a routine nature) in the period covered by the
plan; and
(ii)
the estimated costs for the maintenance, repairs, renewal
or replacement; and
(iii)
other information required to be included by the
regulations;
and
(b) that
the 10 year plan is revised at least once in each 5 years and that, when
revised, the plan is extended to cover the 10 years following the revision.
(3) Except in so far
as and to the extent that the scheme by-laws may empower the council of that
company to exercise the functions in subsections (1)(a), (b) and (c) and (2),
those functions must be performed by and in accordance with resolutions passed
by the strata company.
(4) Any contribution
levied under this section —
(a)
becomes due and payable to the strata company in accordance with the terms of
the decision to make the levy; and
(b) if
not paid when it becomes due and payable, bears interest on the amount unpaid
at the rate of simple interest specified in the regulations, unless the
company determines (either generally or in a particular case) that an unpaid
contribution bears no interest or interest at a lesser rate; and
(c)
including interest accrued under paragraph (b), may be recovered as a debt by
the strata company in a court of competent jurisdiction and the strata company
may agree to a compromise of such a debt.
(5) Interest paid or
recovered under subsection (4) or (6) forms part of the fund to which the
contribution belongs.
(6) The owner of a lot
is liable in respect of any contribution levied under this section and any
interest on the contribution, jointly and severally with any person who was
liable to pay that contribution and interest when that owner became the owner
of that lot, to pay so much of that contribution and interest as was unpaid
when the owner became the owner of that lot.
(7) In this section
—
designated strata company means —
(a) a
strata company for a scheme with 10 or more lots; or
(b) a
strata company included in this definition by the regulations.
[Section 100, formerly section 36, amended: No. 58
of 1995 s. 39; No. 14 of 1996 s. 4; amended, renumbered as section 100 and
relocated: No. 30 of 2018 s. 49 and 84.]