Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 66

66 .         Obligations of infrastructure owner

        (1)         It is taken to be a condition of an infrastructure contract under section 64(8)(b) that the infrastructure owner must —

            (a)         obtain any planning approval, or any other approval, required by written law before installing the infrastructure to which the infrastructure contract relates; and

            (b)         provide evidence that all necessary approvals for the installation and operation of the infrastructure have been obtained when requested to do so by the strata company; and

            (c)         maintain and repair the infrastructure.

        (2)         Unless the infrastructure contract provides otherwise, the infrastructure owner is required to keep in good and serviceable repair, and properly maintain, the common property that forms the easement area under the infrastructure contract.

        (3)         Subregulation (2) does not impose an obligation on the infrastructure owner to renew or replace the common property.

        Note for this regulation:

                Under section 91(1)(c), the strata company must renew or replace common property if necessary.