Western Australian Current Acts Western Australian Current Acts (1) A strata company
may —
(a) give
a written notice to a person alleged to have contravened the scheme by-laws;
or
(b)
apply to the Tribunal under this section for an order enforcing scheme by-laws
if —
(i)
the contravention has had serious adverse consequences
for a person other than the person alleged to have contravened the scheme
by-laws; or
(ii)
the person has contravened the particular scheme by-law
on at least 3 separate occasions; or
(iii)
the person has been given notice under paragraph (a) and
has contravened the notice.
(2) A written notice
given by a strata company to a person alleged to have contravened the scheme
by-laws must —
(a)
specify the particular scheme by-law that is alleged to have been contravened;
and
(b)
specify the particular facts relied on as evidence of the contravention; and
(c)
specify the action that must be taken or refrained from being taken in order
to avoid a continuing or further contravention of the particular scheme
by-law; and
(d)
contain an explanation of the effect of this section in terms set out in the
regulations.
(3) An application may
also be made to the Tribunal for enforcement of scheme by-laws by —
(a) the
owner of a lot in the strata titles scheme; or
(b) if
the scheme is a leasehold scheme — the owner of the leasehold scheme; or
(c) a
mortgagee of a lot in the strata titles scheme; or
(d) an
occupier of a lot in the strata titles scheme.
(4) An application can
only be made under subsection (3) on the grounds that —
(a) if a
person other than the strata company is alleged to have contravened the scheme
by-laws — the person has been given notice under subsection (1)(a) and
has contravened the notice; or
(b) the
contravention has had serious adverse consequences for a person other than the
person alleged to have contravened the scheme by-laws; or
(c) the
person has contravened the particular scheme by-law on at least 3 separate
occasions.
(5) The Tribunal may,
if satisfied that a person has contravened the scheme by-laws, by order
require the person to do 1 or more of the following —
(a) pay
a specified amount to the strata company by way of penalty for the
contravention;
(b) take
specified action within a period stated in the order to remedy the
contravention or prevent further contraventions;
(c)
refrain from taking specified action to prevent further contraventions.
(6) The
Tribunal’s power to impose a penalty is subject to the following
limitations —
(a) a
penalty must not be imposed on the strata company;
(b) a
penalty may only be imposed if the Tribunal is satisfied of the matters set
out in subsection (1)(b) or (4) as the case requires;
(c) the
penalty must not exceed an amount fixed by the regulations;
(d) a
daily penalty may be imposed for a continuing contravention only if that is
authorised by the regulations.
(7) The regulations
may —
(a)
specify a maximum amount that may be imposed by the Tribunal by way of penalty
for contravention of scheme by-laws; and
(b)
specify circumstances in which a daily penalty may be imposed for a continuing
contravention and a maximum amount that may be imposed as a daily penalty.
(8) If an order is
made under this section requiring a member of a strata company to pay an
amount to a strata company, the amount may be recovered by the strata company,
and interest is payable on any outstanding amount, as if the amount payable
were an unpaid contribution levied on the member as a member of the strata
company.
(9) An amount
otherwise ordered to be paid by way of penalty under this section is
recoverable as a debt in a court of competent jurisdiction.
[Section 47 inserted: No. 30 of 2018 s. 83.]