Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 216

216 .         Service of documents on strata company, owners and others

        (1)         A document required or authorised by this Act, another written law or scheme by-laws to be served on a strata company or on all owners of lots in a strata titles scheme may be served —

            (a)         by serving it on a member of the council of the strata company; or

            (b)         by sending it to the strata company’s address for service (by post if it is a postal address or by electronic transmission if it is an electronic address); or

            (c)         by leaving it in the letterbox provided by the strata company under section 104(3)(a).

        (2)         Subsection (1) applies even if the document is required to be served personally on a strata company.

        (3)         A document required or authorised by this Act or scheme by-laws to be served on the owner of a leasehold scheme may be served —

            (a)         by serving it on the owner personally; or

            (b)         by sending it to the owner’s address for service as appearing on the roll maintained under section 105 (by post if it is a postal address or by electronic transmission if it is an electronic address).

        (4)         A document required or authorised by this Act or scheme by-laws to be served on the owner of a lot in a strata titles scheme may be served —

            (a)         by serving it on the owner personally; or

            (b)         by sending it to the owner’s address for service as appearing on the roll maintained under section 105 or as last notified in writing under section 106 (by post if it is a postal address or by electronic transmission if it is an electronic address); or

            (c)         if there is no such address for service, by sending it by post to the owner to the address of the lot; or

            (d)         by serving it in a manner authorised for service on the owner of a lot by the scheme by-laws.

        (5)         If there are 2 or more persons who are co-owners of a lot, a document will be taken to be served on the owner of the lot when it has been served on each of those persons.

        (6)         A document required or authorised by this Act or scheme by-laws to be served on the occupier of a lot may be served —

            (a)         by serving it on the occupier personally; or

            (b)         by leaving it with some person apparently of or over the age of 16 years at the address of the lot; or

            (c)         by sending it by post to the occupier at the address of the lot; or

            (d)         by serving it in a manner authorised for service on an occupier of a lot by the by-laws of the strata company.

        (7)         A document required or authorised by this Act or scheme by-laws to be served on a person other than a person who may be served as set out under a preceding subsection may be served —

            (a)         by serving it on the person personally or by post; or

            (b)         by leaving it with a person apparently of or over the age of 16 years at the place of residence or place of business of the first-mentioned person; or

            (c)         if the person has an address for service on the roll maintained by the strata company under section 105, by sending it to that address (by post if it is a postal address or by electronic transmission if it is an electronic address); or

            (d)         if the person has an interest in the parcel that is registered or recorded in the Register, by sending it by post to the person’s address as it appears in the Register; or

            (e)         by sending it to an electronic address notified to the sender by the first-mentioned person as an address at which service of such notices will be accepted.

        (8)         For the purposes of this section, service by post must be by pre-paid post.

        (9)         This section is in addition to the Interpretation Act 1984 sections 75 and 76.

        [Section 216 inserted: No. 30 of 2018 s. 83.]



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