Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
required insurance means insurance a strata
company is required to obtain under section 97.
(2) It is taken to be
a condition of an infrastructure contract under section 64(8)(b) that the
strata company may, if the strata company is unable to obtain required
insurance, or to obtain required insurance on reasonable terms, as a result of
the presence of the infrastructure on the common property, give written notice
to the infrastructure owner requiring the infrastructure owner to do 1 or more
of the following —
(a) take
specified action within a specified period;
(b)
refrain from taking specified action;
(c) pay
a specified amount to the strata company within a specified period, being an
amount equal to the part of the premium payable by the strata company for the
required insurance that is attributable solely to the risk associated with the
presence of the infrastructure on the common property.
(3) An infrastructure
owner given a notice under subregulation (2) must comply with the notice
or negotiate with the strata company to take some step other than that
specified in the notice to enable the required insurance to be obtained by the
strata company on reasonable terms.
(4) The strata company
must negotiate with the infrastructure owner with a view to achieving a fair
and reasonable outcome.