Western Australian Current Acts Western Australian Current Acts (1) Before a buyer
signs a contract for the sale and purchase of a lot in a strata titles scheme,
the seller of the lot must give the buyer the following —
(a) the
name and address of the seller;
(b) the
following information relating to the strata titles scheme —
(i)
the scheme notice, scheme plan, scheme by-laws and
schedule of unit entitlements for the strata titles scheme;
(ii)
scheme by-laws that have been made by the strata company
but not yet registered as a scheme document;
(iii)
for a leasehold scheme, the strata lease for the lot;
(iv)
the name and address for service of the strata company;
(v)
either —
(I) the minutes of the most recent annual
general meeting and of any subsequent extraordinary general meetings of the
strata company; or
(II) a statement that
the strata company does not keep minutes of its meetings; or
(III) a statement of
why the seller has been unable to obtain the minutes;
(vi)
either —
(I) the statement of accounts last prepared
by the strata company; or
(II) a statement that
the strata company does not prepare a statement of accounts; or
(III) a statement of
why the seller has been unable to obtain a statement of accounts;
(vii)
a copy of any notice received by the seller from the
strata company in relation to any current termination proposal for the strata
titles scheme;
(c) the
following information relating to the lot —
(i)
its exact location shown on the scheme plan for the
strata titles scheme;
(ii)
its definition, as contained in the scheme plan for the
strata titles scheme;
(iii)
the unit entitlement of the lot (and the sum of the unit
entitlements of all of the lots in the scheme);
(iv)
if contributions have been determined by the strata
company within the previous 12 months, the amount and due date of the
contributions payable by the lot owner;
(v)
if contributions have not been so determined, a
reasonable estimate of the amount of the contributions likely to be payable
for the 12 months following the proposed settlement date;
(vi)
details of any debt owed by the owner of the lot to the
strata company, including how the debt arose, the date on which it arose and
the amount outstanding;
(vii)
if the lot is a special lot, details of the exclusive use
by-laws that apply to the lot;
(d) any
other information required by the regulations.
(2) If the lot has not
yet been created, a reference in subsection (1) —
(a) to a
scheme document is to be read as a reference to the latest version of the
draft scheme document or amendment of a scheme document as relevant to the lot
as proposed to be created; and
(b) to a
unit entitlement of the lot or amount is to be read as a reference to a
reasonable estimate of that unit entitlement or amount; and
(c) to
any other matter (such as contributions payable) is to be read as a reference
to a reasonable expectation about the matter as relevant to the lot as
proposed to be created.
(3) Subsection (4)
applies if —
(a) the
strata titles scheme has not been registered; or
(b) the
first annual general meeting of the strata company has not been held; or
(c) the
scheme developer owns 50% or more of the lots in the strata titles scheme or
lots with an aggregate unit entitlement of 50% or more of the sum of the unit
entitlements of all the lots in the scheme.
(4) Before a buyer
signs a contract for the sale and purchase of a lot in circumstances in which
this subsection applies, if the scheme developer is the seller of the lot, the
seller must also give the buyer —
(a) a
statement of the estimated income and expenditure of the strata company for
the 12 months after the proposed settlement date; and
(b)
details of any disclosure that the scheme developer is required to make under
section 79; and
(c)
details of any contract (or proposed contract) for the provision of services
or amenities to the strata company or to members of the strata company entered
into or arranged by the scheme developer or by the strata company, including
—
(i)
its terms and conditions; and
(ii)
the consideration and the estimated costs to the members
of the strata company;
and
(d)
details of the terms and conditions of any lease, licence, right of exclusive
use and enjoyment or special privilege (or proposed lease, licence, right of
exclusive use and enjoyment or special privilege) over common property.
(5) The seller must
comply with this section either —
(a) by
giving the buyer a notice in the approved form; or
(b) by
including the information and statements in the contract to be signed by the
buyer in the manner set out in the regulations.
(6) In any court or
tribunal proceedings arising out of or connected with a contract for the sale
and purchase of a lot, the onus of proving that the required information and
statements were given in accordance with this section lies on the seller.
[Section 156 inserted: No. 30 of 2018 s. 83.]