Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 90

90 .         Order dispensing with approval for structural alteration of lot

        (1)         The Tribunal may, on the application of an owner of a lot in a strata titles scheme, by order, exempt a particular structural alteration to the lot from the application of this Division.

        (2)         An order may be made under this section —

            (a)         whether or not the necessary approval for the alteration has been sought; and

            (b)         even if there has been a valid refusal to give the necessary approval.

        (3)         An order can only be made under this section if the Tribunal is satisfied —

            (a)         that the structural alteration of the lot is reasonable, having regard to the merits of the alteration and the interests of all of the owners of the lots in the use and enjoyment of their lots and the common property; and

            (b)         to the extent that the structural alteration has already been carried out, it will not cause any significant inconvenience or detriment to the owners of other lots.

        [Section 90 inserted: No. 30 of 2018 s. 83.]

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

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

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



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