Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 159

159 .         Arrangements for independent advice or representation for owners

        (1)         The proponent of a unanimous owner‑initiated termination proposal must enter into an arrangement with the strata company under which the proponent agrees that, if the proponent is notified by the strata company or the independent advocate that an owner of a lot wishes to access funding from the proponent to obtain independent advice or representation in connection with the proposal at any time before the proposal is put to a vote under section 182 (whether as a vulnerable person or otherwise), the proponent must —

            (a)         withdraw the termination proposal; and

            (b)         if the proponent wishes to proceed further, submit a new outline of the termination proposal that is not a unanimous owner‑initiated termination proposal and under which a fund will be established that will enable owners to access funding from the proponent to obtain independent advice or representation in connection with the proposal.

        (2)         The strata company must notify the proponent if an owner of a lot notifies the strata company, at any time before the proposal is put to a vote under section 182, that the owner wishes to access funding from the proponent to obtain independent advice or representation in connection with the proposal (whether as a vulnerable person or otherwise).

        (3)         The independent advocate must notify the proponent if an owner of a lot notifies the independent advocate, at any time before the proposal is put to a vote under section 182, that the owner wishes to be identified as a vulnerable person and to access funding from the proponent to obtain fuller or more extensive advice or representation in connection with the proposal.

        Note for this regulation:

                The section 190 arrangement for unanimous owner‑initiated termination proposals enables owners of lots who have unanimously agreed to a termination of the scheme to avoid the cost of establishing a fund under section 190(2) unless and until one or more of the owners of the lots requests access to funding to obtain independent advice or representation in connection with the termination proposal. In that case, if the proponent wishes to proceed, the proponent must start the termination proposal process again by submitting a termination proposal that is not a unanimous owner‑initiated termination proposal and establish a trust under which that funding will be provided.