Western Australian Current Acts Western Australian Current Acts [Heading inserted: No. 30 of 2018 s. 86.]
[Part I heading deleted: No. 58 of 1995 s. 87(1).]
(1) The owner of a lot
must —
(a)
immediately carry out all work that may be ordered under a written law in
respect of the lot other than such work as may be for the benefit of the
building generally and pay all rates, taxes, charges, outgoings and
assessments that may be payable in respect of the lot;
(b)
maintain and repair the lot, and keep it in a state of good condition,
reasonable wear and tear, and damage by fire, storm, tempest or act of God
excepted.
(1A) The owner of a
lot must —
(a)
notify in writing the strata company immediately on becoming the owner of the
lot, including in the notice the owner’s address for service for the
purposes of this Act; and
(b) if
required in writing by the strata company, notify the strata company of any
mortgage or other dealing in connection with the lot, including in the case of
a lease of a lot, the name of the lessee and the term of the lease.
[(2) deleted]
[By-law 1 amended: No. 58 of 1995 s. 87(2); No. 14
of 1996 s. 4; No. 74 of 2003 s. 112(15); No. 30 of 2018 s. 87.]
[ 2. Deleted: No. 30 of 2018 s. 88.]
3 . Power of strata company regarding submeters
(1) If the supply of
gas or electricity to a lot is regulated by means of a submeter, the strata
company may require the owner or occupier of the lot to pay the strata company
by way of security for the payment of charges arising through the submeter an
amount not exceeding $200 and, if any amount so paid is applied by the strata
company under sub-bylaw (3), to pay such further amount or amounts by way of
such security as may be necessary to maintain the amount of the security as,
subject to this sub-bylaw, the strata company may require.
(2) The strata company
must lodge every sum received under this by-law to the credit of an
interest-bearing ADI account and all interest accruing in respect of amounts
so received must, subject to this by-law, be held on trust for the owner or
occupier who made the payment.
(3) If the owner or
occupier of a lot in respect of which a submeter is used for the supply of gas
or electricity refuses or fails to pay any charges due for the supply of gas
or electricity to that lot, the strata company may apply in payment of those
charges all, or such part as is necessary, of any amount paid to the strata
company by that owner or occupier under this by-law, including any interest
that may have accrued in respect of that amount.
(4) If a person who
has paid an amount under this by-law to a strata company satisfies the strata
company that the person is no longer the owner or occupier of a lot and that
the strata company no longer has any liability or contingent liability for the
supply of gas or electricity to that lot during the period when that person
was an owner or occupier of the lot, the strata company must refund to that
person the amount then held on the person’s behalf under this by-law.
[By-law 3 amended: No. 26 of 1999 s. 104; No. 74
of 2003 s. 112(16); No. 30 of 2018 s. 89.]
(1) The powers and
duties of the strata company must, subject to any restriction imposed or
direction given at a general meeting, be exercised and performed by the
council of the strata company and a meeting of the council at which a quorum
is present is competent to exercise all or any of the authorities, functions
or powers of the council.
(2) Until the first
annual general meeting of the strata company, the owners of all the lots
constitute the council.
(3) If there are not
more than 3 lots in the scheme, the council consists of all of the owners of
the lots and, if there are more than 3 lots in the scheme, the council
consists of not less than 3 nor more than 7 of the owners of the lots, as is
determined by the strata company.
(4) If there are more
than 3 lots in the scheme, the members of the council must be elected at each
annual general meeting of the strata company or, if the number of lots in the
scheme increases to more than 3, at an extraordinary general meeting convened
for the purpose.
[(5) deleted]
(6) If there are
co-owners of a lot, 1 only of the co-owners is eligible to be, or to be
elected to be, a member of the council and the co-owner who is so eligible
must be nominated by the co-owners, but, if the co-owners fail to agree on a
nominee, the co-owner who owns the largest share of the lot is the nominee or,
if there is no co-owner who owns the largest share of the lot, the co-owner
whose name appears first in the certificate of title for the lot is the
nominee.
[(7) deleted]
(8) Except if the
council consists of all the owners of lots in the scheme, the strata company
may by special resolution remove any member of the council before the
expiration of the member’s term of office.
(9) A member of the
council vacates office as a member of the council —
(a) if
the member dies or ceases to be an owner or co-owner of a lot; or
(b) on
receipt by the strata company of a written notice of the member’s
resignation from the office of member; or
(c) at
the conclusion of an annual general meeting of the strata company at which an
election of members of the council takes place and at which the member is not
elected or re-elected; or
(d) in a
case where the member is a member of the council by reason of there being not
more than 3 owners of lots in the scheme, on an election of members of the
council (as a result of there being an increase in the number of owners to
more than 3) at which the member is not elected; or
(e) if
the member is removed from office under sub-bylaw (8); or
(f) if
the Tribunal orders that the member’s appointment is revoked and the
member is removed from office.
(10) The remaining
members of the council may appoint a person eligible for election to the
council to fill a vacancy in the office of a member of the council, other than
a vacancy arising under sub-bylaw (9)(c) or (d), and any person so appointed
holds office, subject to this by-law, for the balance of the
predecessor’s term of office.
Note for this sub-bylaw:
By-law 6(3A) provides
for the filling of vacancies in the offices of chairperson, secretary and
treasurer.
(11) Except if 1
person is the owner of all of the lots in the scheme, a quorum of the council
is 2 if the council consists of 3 or 4 members; 3, if it consists of 5 or 6
members; and 4, if it consists of 7 members.
(12) The continuing
members of the council may act even if there is a vacancy in the council, but
so long as the number of members is reduced below the number fixed by these
by-laws as the quorum of the council, the continuing members or member of the
council may act for the purpose of increasing the number of members of the
council or convening a general meeting of the strata company, but for no other
purpose.
(13) All acts done in
good faith by the council, even if it is afterwards discovered that there was
some defect in the appointment or continuance in office of any member of the
council, are as valid as if that member had been duly appointed or had duly
continued in office.
[By-law 4 amended: No. 30 of 2018 s. 90.]
5 . Election of council at general meeting
The procedure for
nomination and election of members of a council must be in accordance with the
following rules —
(1) The meeting must
determine, in accordance with the requirements of by-law 4(3) the number of
persons of whom the council is to consist.
(2) The chairperson
must call on those persons who are present at the meeting in person or by
proxy and entitled to nominate candidates to nominate candidates for election
to the council.
(3) A nomination is
ineffective unless supported by the consent of the nominee to the nomination,
given —
(a) in
writing, and furnished to the chairperson at the meeting; or
(b)
orally by a nominee who is present at the meeting in person or by proxy.
(4) When no further
nominations are forthcoming, the chairperson —
(a) if
the number of candidates equals the number of members of the council
determined in accordance with the requirements of by-law 4(3), must declare
those candidates to be elected as members of the council;
(b) if
the number of candidates exceeds the number of members of the council as so
determined, must direct that a ballot be held.
(5) If a ballot is to
be held, the chairperson must —
(a)
announce the names of the candidates; and
(b)
cause to be furnished to each person entitled to vote and present in person or
by proxy, a blank form in respect of each lot in respect of which the person
is entitled to vote for use as a ballot form.
(6) A person who is
entitled to vote must complete a valid ballot form by —
(a)
writing on the form the names of candidates, equal in number to the number of
members of the council so that no name is repeated; and
(b)
indicating on the form the number of each lot in respect of which the
person’s vote is cast and whether the person so votes as owner or first
mortgagee of each such lot or as proxy of the owner or first mortgagee; and
(c)
signing the ballot form; and
(d)
returning it to the chairperson.
(7) The chairperson,
or a person appointed by the chairperson, must count the votes recorded on
valid ballot forms in favour of each candidate.
(8) Subject to
sub-bylaw (9), candidates, being equal in number to the number of members of
the council determined in accordance with by-law 4(3), who receive the highest
numbers (in terms of lots or unit entitlements as required under the
Strata Titles Act 1985 section 122) of votes are to be declared elected to
the council.
(9) If the number (in
terms of lots or unit entitlements as required under the
Strata Titles Act 1985 section 122) of votes recorded in favour of any
candidate is the lowest of the numbers of votes referred to in sub-bylaw (8)
and —
(a) that
number equals the number of votes recorded in favour of any other candidate;
and
(b) if
each of those candidates were to be declared elected the number of persons
elected would exceed the number of persons required to be elected,
as between those
candidates, the election must be decided by a show of hands of those entitled
to vote and present in person or by proxy.
[By-law 5 amended: No. 74 of 2003 s. 112(17)-(19);
No. 30 of 2018 s. 91.]
6 . Chairperson, secretary and treasurer of
council
(1) The members of a
council must, at the first meeting of the council after they assume office as
such members, appoint a chairperson, a secretary and a treasurer of the
council.
(2) A person —
(a) must
not be appointed to an office referred to in sub-bylaw (1) unless the person
is a member of the council; and
(b) may
be appointed to 1 or more of those offices.
(3) A person appointed
to an office referred to in sub-bylaw (1) holds office until the first of the
following events happens —
(a) the
person ceases to be a member of the council under by-law 4(9);
(b)
receipt by the strata company of a written notice of the person’s
resignation from that office;
(c)
another person is appointed by the council to hold that office.
(3A) The remaining
members of the council must appoint a member of the council to fill a vacancy
in an office referred to in sub-bylaw (1), other than a vacancy arising under
by-law 4(9)(c) or (d), and any person so appointed holds office, subject to
this by-law, for the balance of the predecessor’s term of office.
(4) The chairperson is
to preside at all meetings of the council but, if the chairperson is absent
from, or is unwilling or unable to preside at, a meeting, the members of the
council present at that meeting can appoint 1 of their number to preside at
that meeting during the absence of the chairperson.
[By-law 6 amended: No. 30 of 2018 s. 92.]
7 . Chairperson, secretary and treasurer of strata
company
(1) Subject to
sub-bylaw (2), the chairperson, secretary and treasurer of the council are
also respectively the chairperson, secretary and treasurer of the strata
company.
(2) A strata company
may at a general meeting authorise a person who is not an owner of a lot to
act as the chairperson of the strata company for the purposes of that meeting.
(3) A person appointed
under sub-bylaw (2) may act until the end of the meeting for which the person
was appointed to act.
[By-law 7 inserted: No. 58 of 1995 s. 87(3);
amended: No. 74 of 2003 s. 112(20); No. 30 of 2018 s. 93.]
(1) At meetings of the
council, all matters must be determined by a simple majority vote.
(2) The council may
—
(a) meet
together for the conduct of business and adjourn and otherwise regulate its
meetings as it thinks fit, but the council must meet when any member of the
council gives to the other members not less than 7 days’ notice of a
meeting proposed by the member specifying in the notice the reason for calling
the meeting; or
(b)
employ or engage, on behalf of the strata company, any person as it thinks is
necessary to provide any goods, amenity or service to the strata company; or
(c)
subject to any restriction imposed or direction given at a general meeting of
the strata company, delegate to 1 or more of its members such of its powers
and duties as it thinks fit, and at any time revoke the delegation.
(3) A member of a
council may appoint an owner of a lot, or an individual authorised under the
Strata Titles Act 1985 section 136 by a corporation which is an owner of a
lot, to act in the member’s place as a member of the council at any
meeting of the council.
(4) An owner of a lot
or individual may be appointed under sub-bylaw (3) whether or not that person
is a member of the council.
(5) If a person
appointed under sub-bylaw (3) is a member of the council the person may, at
any meeting of the council, separately vote in the person’s capacity as
a member and on behalf of the member in whose place the person has been
appointed to act.
[(6) deleted]
[By-law 8 amended: No. 30 of 2018 s. 94.]
9 . Powers and duties of secretary of strata
company
The powers and duties
of the secretary of a strata company include —
(a) the
preparation and distribution of minutes of meetings of the strata company and
the submission of a motion for confirmation of the minutes of any meeting of
the strata company at the next such meeting; and
(b) the
giving on behalf of the strata company and of the council of the notices
required to be given under the Act; and
(c) the
supply of information on behalf of the strata company in accordance with the
Strata Titles Act 1985 sections 108 and 109; and
(d) the
answering of communications addressed to the strata company; and
(e) the
calling of nominations of candidates for election as members of the council;
and
(f)
subject to the Strata Titles Act 1985 sections 127, 128, 129, 200(2)(f) and
(g) the convening of meetings of the strata company and of the council.
[By-law 9 amended: No. 30 of 2018 s. 95.]
10 . Powers and duties of treasurer of strata
company
The powers and duties
of the treasurer of a strata company include —
(a) the
notifying of owners of lots of any contributions levied under the
Strata Titles Act 1985 ; and
(b) the
receipt, acknowledgment and banking of and the accounting for any money paid
to the strata company; and
(c) the
preparation of any certificate applied for under the Strata Titles Act 1985
section 110; and
(d) the
keeping of the records of account referred to in the Strata Titles Act 1985
section 101 and the preparation of the statement of accounts referred to in
the Strata Titles Act 1985 section 101.
[By-law 10 amended: No. 30 of 2018 s. 96.]
[ 11-15. Deleted: No. 30 of 2018 s. 97.]
[ 16. Deleted: No. 58 of 1995 s. 87(6).]
[Part II deleted: No. 58 of 1995 s. 87(7).]