Western Australian Current Acts Western Australian Current Acts (1) A resolution of a
strata company is a unanimous resolution if —
(a) 14
days’ notice of the terms of the proposed resolution is given to each
member of the strata company before voting on the resolution opens; and
(b) the
vote attached to each lot in the scheme is cast in favour of the resolution.
(2) Subject to
subsection (3), a resolution of a strata company is a resolution without
dissent if —
(a) 14
days’ notice of the terms of the proposed resolution is given to each
member of the strata company before voting on the resolution opens; and
(b) no
vote attached to a lot in the scheme is cast against the resolution.
(3) For a 2-lot
scheme, a resolution is only to be regarded as a resolution without dissent if
it is a unanimous resolution.
(4) Subject to
subsections (5) and (6), a resolution of a strata company is a special
resolution if —
(a) 14
days’ notice of the terms of the proposed resolution is given to each
member of the strata company before voting on the resolution opens; and
(b) the
votes in favour of the resolution equal —
(i)
when counted by number — not less than 50% of the
number of lots in the scheme; and
(ii)
when counted by unit entitlements — not less than
50% of the unit entitlements of the lots in the scheme;
and
(c) the
votes against the resolution equal —
(i)
when counted by number — less than 25% of the
number of lots in the scheme; and
(ii)
when counted by unit entitlements — less than 25%
of the unit entitlements of the lots in the scheme.
(5) For a 2-lot
scheme, a resolution is only to be regarded as a special resolution if it is a
unanimous resolution.
(6) For a 3, 4 or
5-lot scheme, a resolution of the strata company is a special resolution if
—
(a) 14
days’ notice of the terms of the proposed resolution is given to each
member of the strata company before voting on the resolution opens; and
(b) the
votes in favour of the resolution equal—
(i)
when counted by number —
(I) for a 3-lot scheme — not less
than 2; and
(II) for a 4-lot
scheme — not less than 3; and
(III) for a 5-lot
scheme — not less than 4;
and
(ii)
when counted by unit entitlements — not less than
50% of the unit entitlements of the lots in the scheme.
(7) A resolution of a
strata company is an ordinary resolution if —
(a) for
a resolution passed other than at a general meeting, 14 days’ notice of
the terms of the proposed resolution is given to each member of the strata
company before voting on the resolution opens; and
(b) it
is passed when counted as required under section 122 (1)(c) —
(i)
by number — by more than 50% of the number of lots
for which votes are cast; or
(ii)
by unit entitlements — by more than 50% of the sum
of the unit entitlements of the lots in the scheme for which votes are cast.
Note for this subsection:
For an ordinary
resolution, the question is determined against the resolution on an equal
number of votes whether counted by number or by unit entitlements.
[Section 123 inserted: No. 30 of 2018 s. 83.]
[Former section 123 renumbered as section 213 and relocated to Part 14: No. 30
of 2018 s. 84.]
[ 123A. Deleted: No. 30 of 2018 s. 82(b).]
[Former section 123B renumbered as section 214 and relocated to Part 14: No.
30 of 2018 s. 84.]
[ 123C. Deleted: No. 30 of 2018 s. 82(b).]