Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 166

166 .         Variation of strata scheme on damage or destruction of building

        (1A)         An application for an order under this section for a strata scheme can be made by —

            (a)         the strata company; or

            (b)         the owner of a lot in the scheme; or

            (c)         a registered mortgagee of a lot in the scheme; or

            (d)         for a leasehold scheme, the owner of the leasehold scheme.

        (1)         If a scheme building is damaged or destroyed, the Tribunal may make an order for or with respect to the variation of the existing strata scheme or the substitution for the existing strata scheme of a new strata scheme.

        (2)         An insurer who has effected insurance on the scheme building, or any part of the building, against damage to or destruction of the building has the right to appear, in person or by counsel, on an application to the Tribunal under this section.

        (3)         Without limiting subsection (1), an order made under that subsection may include directions for any 1 or more of the following matters —

            (a)         the reinstatement in whole or in part of the building;

            (b)         the transfer or conveyance of the interests of the owners of lots that have been damaged or destroyed to the other owners of lots in proportion to their unit entitlements;

            (c)         the substitution for the existing schedule of unit entitlements of a new schedule of unit entitlements;

            (d)         the application of insurance money received by the strata company in respect of damage to or destruction of the scheme building;

            (e)         the payment of money to or by the strata company, the owner of a lot or, for a leasehold scheme, the owner of the leasehold scheme;

            (f)         the amendment of the strata plan, in such manner as the Tribunal thinks fit, so as to include any addition to the common property;

            (g)         the payment to a mortgagee of a lot of money received by the strata company from an insurer of the scheme building;

            (h)         any matter in respect of which it is, in the opinion of the Tribunal, just and equitable in the circumstances of the case to make provision in the order;

                  (i)         the imposition of such terms and conditions as the Tribunal thinks fit.

        (4)         The Tribunal may amend an order made under this section.

        (5)         An order made under this section takes effect as follows —

            (a)         except as provided in paragraph (b), on the day specified in the order or the day when the order is lodged for registration with the Registrar of Titles, whichever is the later;

            (b)         in the case of an order made under this section as applied by section 167, on the day on which the taking referred to in the order takes effect.

        [(6)-(7)         deleted]

        [Section 166, formerly section 28, amended: No. 58 of 1995 s. 30 and 93(1); No. 74 of 2003 s. 112(5); amended, renumbered as section 166 and relocated: No. 30 of 2018 s. 31 and 84.]

        [Heading inserted: No. 30 of 2018 s. 83.]