Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 64

64 .         Common property (utility and sustainability infrastructure) easement

        (1)         This section applies if —

            (a)         a strata company has entered into a contract (an infrastructure contract ) with a person under which the person owns and operates utility infrastructure or sustainability infrastructure on common property in the strata titles scheme; and

            (b)         this section is applied to the infrastructure contract by ordinary resolution of the strata company.

        (2)         An infrastructure contract must —

            (a)         specify the common property over which there is an easement under this section; and

            (b)         specify the infrastructure to which the easement applies.

        (3)         The person (the infrastructure owner ) who, from time to time, owns the infrastructure the subject of an infrastructure contract has an easement over the common property specified in the infrastructure contract that entitles the infrastructure owner —

            (a)         to install and remove the infrastructure specified in the contract; and

            (b)         to operate that infrastructure; and

            (c)         to examine, maintain, repair, modify and replace that infrastructure.

        (4)         The easement is subject to any conditions set out in the infrastructure contract (as in force from time to time).

        (5)         The infrastructure contract may be varied by agreement between the strata company and the person who is the infrastructure owner from time to time.

        (6)         The easement ceases to exist if the infrastructure contract is terminated or otherwise ceases to have effect.

        (7)         The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the enjoyment and use of the common property.

        (8)         The regulations may —

            (a)         specify special procedures for notice or voting on the resolution required for the application of this section; and

            (b)         set out terms and conditions that are to be taken to be implied in an infrastructure contract; and

            (c)         otherwise regulate the rights and obligations of the strata company and the infrastructure owner.

        [Section 64 inserted: No. 30 of 2018 s. 83.]

[Former section 64 renumbered as section 72 and relocated to Part 5 Division 4: No. 30 of 2018 s. 84.]