Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 93

93 .         Transactions affecting common property or parcel

        (1)         Subject to subsection (3), a strata company may enter into a transaction to which this section applies and execute documents related to the transaction in its own name, as if —

            (a)         for a freehold scheme — it were the owner of an estate in fee simple in the land; or

            (b)         for a leasehold scheme — it were the owner of a leasehold estate in the land under a registered lease that expires on the expiry day for the scheme.

        (2)         This section applies to the following transactions for a strata titles scheme —

            (a)         the acceptance of a transfer of land that —

                  (i)         is contiguous to the parcel or separated only by a road, railway or waterway; and

                  (ii)         is not subject to a mortgage or other encumbrance; and

                  (iii)         is to be added to the common property in the scheme in connection with a subdivision that is to be given effect by registration of an amendment of the scheme;

            (b)         the disposal of land comprising common property (other than temporary common property) in the scheme in connection with a subdivision that is to be given effect by registration of an amendment of the scheme;

            (c)         a lease of common property in the scheme;

            (d)         the surrender of or re-entry under a lease of common property in the scheme;

            (e)         the execution, acceptance, discharge or surrender of an easement or restrictive covenant burdening or benefiting the parcel.

        (3)         The strata company may enter into a transaction to which this section applies if —

            (a)         the transaction is authorised by a resolution without dissent; or

            (b)         the transaction is required for completion of a stage of subdivision to which staged subdivision by-laws apply and the subdivision has been undertaken with sufficient compliance with the by-laws as determined in accordance with the regulations.

        Note for this subsection:

                Staged subdivision by-laws cannot apply to subdivision comprised of the removal, from the parcel, of land comprised of common property or the addition, to the parcel, of land from outside the parcel. Consequently, paragraph (b) can only apply in the context of a type 1 subdivision comprised of the conversion of a lot to common property or a type 3 or type 4 subdivision.

        (4)         This section does not affect the making of an exclusive use by-law by the strata company.

        (5)         The Property Law Act 1969 section 121 does not apply to a right, arising from an instrument executed under this section, to access or to the use of light or air.

        [Section 93 inserted: No. 30 of 2018 s. 83.]