Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 149

149 .         Proponent to make decision about claim of vulnerability

        (1)         If an owner of a lot is identified by the independent advocate as a vulnerable person, or applies to the proponent to be recognised as a vulnerable person, the proponent must either —

            (a)         recognise the owner as a vulnerable person; or

            (b)         refuse to recognise the owner as a vulnerable person.

        (2)         An owner of a lot is entitled to be recognised as a vulnerable person if the owner is a vulnerable person under this Part.

        (3)         If the proponent recognises an owner of a lot as a vulnerable person, the proponent must serve notice in writing of that decision on —

            (a)         the owner; and

            (b)         the trustee of the trust.

        (4)         If the owner of a lot is recognised as a vulnerable person as a result of applying to the proponent for recognition, the notice served on the trustee must also identify the class or classes of vulnerable person within which the lot owner falls.

        (5)         If the proponent recognises an owner of a lot as a vulnerable person, the trustee of the trust must treat the person as a vulnerable person for the purposes of any claim for funding made against the trust.

        (6)         If the proponent refuses to recognise an owner of a lot as a vulnerable person, the proponent must serve notice in writing of that decision on —

            (a)         the owner; and

            (b)         the independent advocate (if the owner was identified by the independent advocate as a vulnerable person).

        (7)         A notice under subregulation (3) or (6) must be served not less than 10 days before the termination proposal is put to a vote under section 182.

        (8)         However, if an application for recognition as a vulnerable person is made to the proponent less than 14 days before the termination proposal is put to a vote under section 182, or after the termination proposal is put to a vote, the notice must be served within 5 days after the application is made.

        (9)         An owner of a lot who is recognised as a vulnerable person may make a claim for payment from the trust for an ancillary service obtained before the owner was so recognised, as long as the service is one for which funding must be provided under this Part.