Western Australian Current Acts Western Australian Current Acts (1) A strata titles
scheme is registered when the following documents (the scheme documents ) are
registered and incorporated in the Register —
(a) for
a freehold scheme —
(i)
a scheme notice;
(ii)
a scheme plan;
(iii)
a schedule of unit entitlements;
(iv)
scheme by-laws;
(b) for
a leasehold scheme —
(i)
a scheme notice (which must specify the expiry day for
the scheme);
(ii)
a scheme plan;
(iii)
a schedule of unit entitlements;
(iv)
scheme by-laws;
(v)
a strata lease for each lot.
Note for this subsection:
If the scheme by-laws
comprise the by-laws set out in Schedules 1 and 2 without amendment, the
scheme by-laws will be taken to be registered without the need for submission
of the by-laws to the Registrar of Titles.
(2) A registered
strata titles scheme is amended when amendments of the relevant scheme
documents, or replacements of the relevant scheme documents, are registered or
recorded and incorporated in the Register.
Note for this subsection:
The amendment may be
necessary to give effect to a subdivision of land as referred to in
section 11(2) or it may be unrelated to a subdivision of land, comprising, for
example —
• the amendment of the scheme notice so as
to amend the name or address for service of the strata company; or
• the amendment or replacement of the scheme
plan for the strata titles scheme for a purpose related to an easement or
restrictive covenant or a restricted use condition; or
• the amendment or replacement of the
schedule of unit entitlements for the strata titles scheme because of a new
valuation of lots; or
• the amendment or replacement of scheme
by-laws.
(3) If a registered
leasehold scheme is amended to give effect to a subdivision involving the
creation of new lots, a strata lease must be registered as a scheme document
for each new lot.
[Section 12 inserted: No. 30 of 2018 s. 83.]
[Former section 12A redesignated as clause 12A and relocated to Schedule 2A
Part 3: No. 30 of 2018 s. 117.]