Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 80

80 .         Defects in scheme buildings or infrastructure

        (1)         On establishment of a strata company for a strata scheme, the strata company is subrogated to all the rights and remedies of the scheme developer in respect of —

            (a)         in a strata scheme — each scheme building; and

            (b)         in a strata scheme or survey-strata scheme — infrastructure comprising common property of the scheme.

        (2)         If, within 10 years after completion of a scheme building or infrastructure comprising common property of a strata titles scheme, a proposed resolution is put to a strata company about a defect in the scheme building or infrastructure, a member of the strata company must be excluded from voting on the resolution if the member is —

            (a)         the scheme developer of a subdivision of land by the strata titles scheme in which the building was constructed or modified; or

            (b)         an associate of such a person.

        (3)         If a member is excluded under subsection (2), the unit entitlement of the lot of the member must be disregarded in determining whether the proposed resolution is passed as a resolution of the strata company.

        [Section 80 inserted: No. 30 of 2018 s. 83.]

[Former Division 2A (s. 80A-80E) deleted: No. 55 of 2004 s. 1129.]