Western Australian Current Acts Western Australian Current Acts (1) Scheme by-laws may
apply to the following —
(a) the
strata company for the strata titles scheme;
(b) a
member, for the time being, of the strata company for the strata titles
scheme;
(c) an
occupier or lessee, for the time being, of a lot, or the common property, in
the strata titles scheme;
(d) in
the case of leasehold by-laws — the owner of the leasehold scheme;
(e) in
the case of exclusive use by-laws — the owners and occupiers, for the
time being, of special lots.
(2) Each person to
whom scheme by-laws apply must comply with the by-laws as if the by-laws were
a deed (signed and sealed by each person to whom they apply) containing mutual
covenants to observe and perform the matters set out in the by-laws.
(3) A lease of a lot
or common property in a strata titles scheme is taken to contain an agreement
by the lessee that the lessee will comply with the scheme by-laws.
(4) The owner,
occupier or lessee of a lot or common property in a strata titles scheme must
take all steps that are reasonable in the circumstances to ensure that every
person who they permit to use or who they invite on to the lot or common
property complies with by-laws that apply to the owner, occupier or lessee.
(5) Scheme by-laws are
not by-laws or subsidiary legislation within the meaning of the
Interpretation Act 1984 .
(6) An interest
created under scheme by-laws does not have effect as an interest registered
under the Transfer of Land Act 1893 .
(7) Nothing in
subsection (6) derogates from the operation of leasehold by-laws.
[Section 45 inserted: No. 30 of 2018 s. 83.]
[Former section 45 renumbered as section 136 and relocated to Part 8 Division
4: No. 30 of 2018 s. 84.]