Western Australian Current Acts Western Australian Current Acts (1) If approval of a
plan of subdivision is obtained as referred to in section 177, the proponent
of the proposal can then submit a full proposal for the termination of the
strata titles scheme to —
(a) the
strata company for the scheme; and
(b) if
it is a leasehold scheme, the owner of the leasehold scheme.
(2) However, a full
proposal cannot be submitted to a strata company or owner of a leasehold
scheme —
(a) if
it is more than 12 months since the requirements of section 176 were met for
the proposal; or
(b)
during any period for which the Tribunal has, on application by the strata
company or the owner of the leasehold scheme, prohibited termination proposals
being so submitted.
(3) For a leasehold
scheme, the proponent must give written notice to the owner of the leasehold
scheme of the date on which the proponent submitted the full proposal to the
strata company.
(4) A strata company
to which a full proposal is submitted in accordance with this section must,
within 14 days after being given the proposal —
(a)
serve it on each person who is —
(i)
the owner, occupier, registered mortgagee or caveator of
a lot in the strata titles scheme; or
(ii)
a person whose interest in a lot in the strata titles
scheme as a lessee, tenant or mortgagee is recorded in the roll kept by the
strata company; or
(iii)
the occupier of common property in the strata titles
scheme;
and
(b)
lodge with the Registrar of Titles notice of receipt of the proposal in the
approved form.
(5) Any modification
of the full proposal proposed by the proponent must be submitted and served in
the same manner as for the full proposal.
(6) However, a
modification cannot be submitted within 14 days before voting on the
termination proposal opens.
[Section 178 inserted: No. 30 of 2018 s. 83.]