Western Australian Current Regulations

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STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 138

138 .         Disputes about trustee’s performance

        (1)         For the purposes of section 197(1)(i), a dispute between an owner of a lot and the trustee of the trust about the trustee’s performance of, or failure to perform, a function of the trustee under this Part, or under the terms of the trust, is a scheme dispute under section 197(1).

        (2)         An owner of a lot may make an application to the Tribunal for resolution of the dispute.

        (3)         For the purposes of a requirement under this Part that owners of lots be provided with funding under the trust for services obtained by them in connection with the termination proposal process —

            (a)         the dispute, and any proceedings before the Tribunal in connection with the dispute, are taken to be part of the termination proposal process; and

            (b)         the stage of the termination proposal process to which the dispute relates does not end in relation to the owner of the lot until the application for resolution of the dispute is withdrawn by the owner or the dispute is resolved by the Tribunal.

        Note for this regulation:

                Subregulation (3) enables owners of lots to claim funding from the trust for advisory or representation services and, if the owner is a vulnerable person, ancillary services obtained in connection with the dispute.



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