Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 182

182 .         Vote

        (1)         A termination proposal must be put to the vote of the owners of the lots in the strata titles scheme (unless it is a proposal that cannot proceed further) and it can only proceed further if a termination resolution is passed.

        Note for this subsection:

                The terms of the termination proposal are as set out in the full proposal rather than the outline: see section 179(8).

        (2)         A termination resolution is only effective if the voting period opens at least 2 months after, and closes not more than 6 months after, the service of the full proposal by the strata company under this Division.

        (3)         A termination proposal may be modified and a further vote taken on the proposal, but no more than 3 such votes may be taken and each vote must be taken within the period referred to in subsection (2).

        (4)         A person who is independent of the strata company and the proponent of the termination proposal must be appointed to tally and count the votes on the proposal.

        (5)         The vote must be taken as follows —

            (a)         1 vote may be cast for each lot in the strata titles scheme;

            (b)         the value of each vote is 1.

        (6)         A termination resolution is passed if the number of votes cast in favour of the termination proposal equals the number of lots in the strata titles scheme.

        (7)         A termination resolution is passed subject to the confirmation of the Tribunal if —

            (a)         the strata titles scheme has 5 or more lots; and

            (b)         the number of votes cast in favour of the termination proposal is at least 80% of the total number of lots in the scheme.

        (8)         Section 126(a) does not apply to voting on a termination resolution.

        (9)         A termination proposal must not be modified in a material particular by the proponent of the proposal after a termination resolution has been passed unless the modification is supported under the same voting arrangements as apply to the termination resolution.

        (10)         The independent person appointed to tally and count the votes must —

            (a)         make a record of each vote identifying the lot for which it is cast and the date on which it was cast, and the tally of the votes; and

            (b)         as soon as reasonably practicable, give written notice to the strata company of the number of votes cast in favour of and against the termination proposal and a statement of whether confirmation of the resolution by the Tribunal is required; and

            (c)         if confirmation of the resolution by the Tribunal is required, provide the record made under paragraph (a) to the strata company in the manner required by the regulations, but must not otherwise disclose information about who cast votes for or against the proposal or for which lots the votes were cast.

        (11)         A strata company must, as soon as practicable after a termination resolution is passed —

            (a)         lodge with the Registrar of Titles notice of that fact in the approved form; and

            (b)         give written notice of that fact to —

                  (i)         the proponent of the termination proposal; and

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

        (12)         The notice must include a statement of whether or not confirmation of the termination resolution by the Tribunal is required.

        (13)         The regulations may impose additional requirements about the process required for voting on a termination proposal.

        [Section 182 inserted: No. 30 of 2018 s. 83.]