Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 38

38 .         Requirements for registration of amendment of schedule of unit entitlements

        (1)         An amendment of a schedule of unit entitlements may only be registered —

            (a)         in conjunction with an amendment of the scheme plan to give effect to a subdivision; or

            (b)         if the amendment is authorised by resolution without dissent of the strata company; or

            (c)         if the amendment is authorised by order of the Tribunal.

        (2)         An amendment under subsection (1)(b) must not be registered unless the holder of each designated interest over the whole or a part of the parcel —

            (a)         has been given notice in the approved form of the amendment; and

            (b)         either —

                  (i)         has given written consent to the amendment; or

                  (ii)         has not, at the end of 60 days after being given notice, made a written objection to the amendment.

        (3)         The Tribunal may, on the application of an applicant for registration of an amendment of a strata titles scheme involving the amendment of the schedule of unit entitlements, order that an objection to the amendment of a person with a designated interest be disregarded on the grounds that the objection is unreasonable.

        (4)         In considering whether an objection is unreasonable, the Tribunal may consider —

            (a)         the merits of the proposed amendment of the strata titles scheme; and

            (b)         the grounds for the objection; and

            (c)         any other factor the Tribunal considers relevant.

        (5)         The Tribunal may, on the application of a strata company or the owner or registered mortgagee of a lot in a strata titles scheme, authorise the amendment of the schedule of unit entitlements for the scheme if satisfied that, if unit entitlements were to be allocated at the time of the application, the schedule of unit entitlements would require amendment for compliance with section 37(2).

        (6)         If the Tribunal makes an order under this section, the applicant for the order must lodge a copy of the order certified by the Tribunal with the Registrar of Titles for registration of the amendment of the schedule of unit entitlements.

        [Section 38 inserted: No. 30 of 2018 s. 83.]

[Former section 38 renumbered as section 94 and relocated to Part 8 Division 1 Subdivision 1: No. 30 of 2018 s. 84.]

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