Western Australian Current Acts Western Australian Current Acts (1) In a proceeding
under this Act, the Tribunal may make any order it considers appropriate to
resolve the dispute or proceeding.
(2) Without
limitation, the orders that may be made by the Tribunal on an application
under this Act include the following —
(a) an
order requiring a scheme document to be amended in a specified manner
(including in a manner that effects a subdivision);
(b) an
order requiring a structural element by reference to which a lot in a strata
scheme is defined to be reinstated following its damage, destruction or
removal;
(c) an
order determining the form and location of utility conduits to provide
specified utility services subject to a utility service easement;
(d) an
order requiring the scheme developer of a subdivision of land by a strata
titles scheme to pay a specified amount to a strata company, being the whole
or a part of the remuneration or the value of a benefit that the scheme
developer failed to disclose as required under section 79;
(e) an
order determining action that must be taken or refrained from being taken by a
member of a strata company under section 98;
(f) an
order authorising a specified person to convene and preside at a general
meeting of a strata company —
(i)
as the first annual general meeting; or
(ii)
to appoint or elect members of the council or officers of
the strata company; or
(iii)
for some other specified purpose;
(g) an
order authorising a specified person to convene and preside at a meeting of
the council of a strata company —
(i)
to appoint or elect officers of the strata company; or
(ii)
for some other specified purpose;
Note for paragraphs (f) and (g):
The order may require
the meeting to be held within a specified period or require notice of the
meeting to be given in a specified manner.
(h) an
order removing a specified person from office as a member of the council of a
strata company or as an officer of a strata company;
(i)
an order appointing a specified person as a member of the
council of a strata company or as an officer of a strata company to replace a
person removed from office;
(j) an
order varying or terminating a strata management contract;
(k) an
order requiring a strata manager to pay a specified amount to a strata
company, being the whole or a part of the remuneration or the value of a
benefit that the strata manager failed to disclose as required under
section 145(2)(b) or section 147;
(l) an
order requiring a strata company to take specified action or to refrain from
taking specified action in the performance or exercise of its functions,
including the following —
(i)
an order to sell or acquire real or personal property;
(ii)
an order to enter into, vary or terminate a contract,
including a contract for services or amenities to the strata company or the
members of the strata company;
(iii)
an order that a particular insurance claim be pursued;
(iv)
an order that the amount of insurance cover be varied;
(v)
an order to allow the keeping of an animal on specified
conditions or prohibit the keeping of an animal on a lot or common property;
(m) an
order requiring a person to take specified action or to refrain from taking
specified action to remedy a contravention or prevent further contraventions
of this Act, scheme by-laws or a strata management contract;
(n) an
order that the strata company is to be taken to have passed or not to have
passed a specified resolution required under this Act or the scheme by-laws as
an ordinary resolution, special resolution, resolution without dissent or
unanimous resolution;
(o) an
order requiring a party to the proceeding before it to pay money to —
(i)
a person specified in the order by way of compensation
for any pecuniary loss or damage suffered; or
(ii)
another party to a contract for the purpose of adjusting
the position or rights of the parties consequentially on the termination or
variation of the contract under the order;
(p) if a
declaration is made that a contract for the sale and purchase of a lot was
validly avoided under this Act, an order requiring a person who is holding a
deposit or other moneys in trust to pay the deposit or other moneys to the
former buyer;
(q) an
order appointing an administrator of a strata company (being a person who has
given written consent to the appointment) to perform some or all scheme
functions.
(3) If the Tribunal
makes an order requiring the payment of money by a strata manager or scheme
developer of a subdivision of land by a strata titles scheme, it may, on the
application of a party to the proceeding or on its own initiative, by order,
prohibit the strata manager or scheme developer from seeking or enforcing an
indemnity from the strata company or any other party for the required payment.
(4) An order may
specify that it is to be taken to have come into effect on a date earlier than
the date of the order.
(5) An order may be
made to take effect on default being made in complying with some other order
made by it.
(6) An order requiring
amendment of a scheme document —
(a) must
specify the extent to which the amendment is subject to the obtaining of the
approvals and consents that would otherwise be required under this Act; and
(b) does
not take effect until the Registrar of Titles registers the amendment of the
scheme document.
(7) An order may be
expressed to remain in force for a specified period, until a specified event
or until further order.
[Section 200 inserted: No. 30 of 2018 s. 83.]