Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 190

190 .         Arrangements for independent advice or representation for owners

        (1)         The regulations —

            (a)         must require the proponent of a termination proposal to enter into specified arrangements for the owners of lots in the strata titles scheme proposed to be terminated to obtain independent advice or representation in connection with the proposal; and

            (b)         must specify arrangements for obtaining fuller or more extensive advice or representation for a class or classes of owner identified in or under the regulations as vulnerable, having regard to —

                  (i)         age, illness, trauma, disability or other factors that may impair the ability of an owner to consider and make an informed decision in relation to a termination proposal; or

                  (ii)         financial disadvantage which would significantly impair the ability of the owner to bear the cost of obtaining appropriate professional advice in relation to a termination proposal.

        (2)         Without limitation, the arrangements may include a requirement for the proponent of a termination proposal to pay an amount to a trustee to be held in trust for owners to obtain independent legal advice or representation, valuation advice or reports or financial or taxation advice in connection with the proposal.

        (3)         The regulations may specify terms of a trust referred to in subsection (2).

        [Section 190 inserted: No. 30 of 2018 s. 83.]

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



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