Western Australian Current Acts Western Australian Current Acts (1) A strata company
has a right to enter the common property of its strata titles scheme to
exercise its rights under a statutory easement without notice to any person.
(2) If a person needs
to enter a lot or common property in order to exercise rights under a
statutory easement (other than as set out in subsection (1)), the person must
give notice —
(a) for
entry to a lot — to the occupier of the lot; and
(b) for
entry to common property other than special common property — to the
strata company for the strata titles scheme; and
(c) for
special common property — to the occupiers of the special lots who have
exclusive use and enjoyment of, or special privileges over, the special common
property under exclusive use by-laws.
(3) Notice is
unnecessary—
(a) in
an emergency if there is insufficient time to give notice; or
(b) for
entry to a lot, if the occupier of the lot dispenses with the requirement for
notice; or
(c) for
entry to common property other than special common property if —
(i)
the person has the right to enter and enters only for the
purposes of inspection; or
(ii)
the strata company dispenses with the requirement for
notice;
or
(d) for
entry to special common property — if the requirement for notice is
dispensed with by the occupiers of the special lots.
(4) Notice must be
given in the approved form.
(5) The length of the
notice must be at least —
(a) for
entry by a strata company — 7 days unless a shorter period is agreed to
by the occupier of the lot; and
(b) in
any other case — 28 days unless a shorter period is agreed to by the
occupier of the lot or strata company, as the case requires.
(6) If notice is not
given (in an emergency) or the period of the notice has expired and it is not
possible for the person, or a person acting on behalf of the person, to gain
entry without using force, the person wishing to enter may use such force as
is reasonable in the circumstances.
(7) Rights of entry
under a statutory easement include rights of entry by the person’s
agents, employees and contractors, with vehicles, equipment, materials and
other items as reasonably necessary for the purpose of exercising rights under
the easement.
[Section 65 inserted: No. 30 of 2018 s. 83.]
[Former section 65 renumbered as section 73 and relocated to Part 5 Division
4: No. 30 of 2018 s. 84.]
[Former section 65A renumbered as section 74 and relocated to Part 5 Division
4: No. 30 of 2018 s. 84.]