Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 85

85 .         Person to act for lot owner in certain circumstances

        (1)         If the owner of a lot in a strata titles scheme cannot be located after reasonable enquiry or the owner lacks the capacity to vote or consent to a matter under this Act, an application for an order under this section may be made to the Tribunal by the strata company or a person who the Tribunal considers has a proper interest in the matter.

        (2)         The Tribunal may, on an application under this section, by order —

            (a)         dispense with the requirement for the owner to vote or consent on a particular matter; or

            (b)         authorise the Public Trustee under the Public Trustee Act 1941 or another specified person (with that person’s consent) to exercise all or specified powers of the person under this Act as the owner of a lot.

        [Section 85 inserted: No. 30 of 2018 s. 83.]

Division 2 — Structural alteration of lots

        Note for this Division:

                This Division does not derogate from the requirement for subdivision approval if the definition of a lot is modified.

        [Heading and Note inserted: No. 30 of 2018 s. 83.]