Western Australian Current Regulations Western Australian Current Regulations[r. 57]
1 . Enforcement of scheme by‑laws
(1) The strata company
that has given you this notice is alleging that you have contravened the
scheme by‑laws.
(2) Under the
Strata Titles Act 1985 section 47, the State Administrative Tribunal
(the Tribunal ) has power to enforce scheme by‑laws.
2 . Who can apply for enforcement of scheme
by‑laws
(1) The following
persons may make an application to the Tribunal for enforcement of scheme
by‑laws —
(a) the
strata company;
(b) an
owner of a lot in the strata titles scheme;
(c) if
the strata titles scheme is a leasehold scheme — the owner of the
leasehold scheme;
(d) a
mortgagee of a lot in the strata titles scheme;
(e) an
occupier of a lot in the strata titles scheme.
(2) An application can
only be made on the grounds that —
(a) the
contravention has had serious adverse consequences for another person; or
(b) you
have contravened the same scheme by‑law on at least 3 separate
occasions; or
(c) you
have been given this notice and have contravened the notice.
(1) If an application
is made to the Tribunal for enforcement of scheme by‑laws, the Tribunal
has power to make any order it considers appropriate to resolve the
by‑law enforcement proceeding.
(2) In particular, if
the Tribunal is satisfied that you have contravened the scheme by‑laws,
the Tribunal has power to make an order that requires you to do one or more of
the following —
(a) pay
a specified amount to the strata company by way of penalty for the
contravention;
(b) take
specified action within a period stated in the order to remedy the
contravention or prevent further contraventions of the scheme by‑laws;
(c)
refrain from taking specified action to prevent further contraventions of the
scheme by‑laws.
(3) The maximum amount
that the Tribunal can impose by way of penalty for the contravention is
$2 000.