Western Australian Current Acts Western Australian Current Acts (1) There is implied
in every contract to which this section applies a provision that the strata
company may terminate the contract, by written notice to every other party to
the contract, after 5 years have passed since the contract was made.
(2) No cause of action
against any person arises from the exercise of the power referred to in
subsection (1).
(3) A contract or any
other agreement or arrangement must not exclude the operation of subsection
(1) and to the extent that it purports to do so it is of no effect.
(4) This section
applies to a contract if —
(a) it
relates to the provision of amenities or services to the strata company or the
owners of lots; and
(b) it
is made after the commencement of section 41 of the Strata Titles Amendment
Act 1995 ; and
(c) it
was made before registration of the strata titles scheme or when any owner
held 50% or more of the unit entitlement of the lots.
(5) The Tribunal may,
on the application of a person made in respect of a contract, by order extend
the period of 5 years provided for by subsection (1), so far as it applies to
that contract, if satisfied that the contract —
(a) is
fair to all owners of lots in the strata titles scheme; and
(b) will
remain fair to all those owners during the extended period.
(6) An extended period
under subsection (5) is not to exceed the term specified in the contract or a
period of 10 years from the time when the contract was made, whichever is the
lesser.
[(7) deleted]
[Section 115, formerly section 39A, inserted: No.
58 of 1995 s. 41; amended: No. 55 of 2004 s. 1121, 1156(1) and (3) and 1158;
amended, renumbered as section 115 and relocated: No. 30 of 2018 s. 52 and
84.]