Western Australian Current Acts Western Australian Current Acts (1) Leasehold by-laws
of a leasehold scheme are by-laws that provide —
(a) for
postponement of the expiry day for the scheme; or
(b) for
compensation payable on the expiry of the scheme.
(2) If a leasehold
scheme does not have leasehold by-laws, the expiry day for the scheme cannot
be postponed.
(3) The expiry day for
a leasehold scheme —
(a)
cannot be postponed to a day that is more than 99 years after registration of
the scheme; and
(b)
cannot be postponed unless the postponement is supported by resolution of the
strata company as set out in section 41.
(4) Leasehold by-laws
—
(a) may
provide that the owner of the leasehold scheme is to be paid an amount for the
postponement of the expiry day for the scheme by the owner of each lot in the
scheme and, if they do so —
(i)
the amount paid by the owners of the lots must be
proportional to the unit entitlements of their respective lots; and
(ii)
the by-laws —
(I) must set out how the amount is to be
calculated; and
(II) must set out when
and how the amount is to be paid (which must be at least 4 months before the
expiry day); and
(III) must provide
that, if the amount is not paid as required under the by-laws, the owner of
the leasehold scheme is entitled to re-enter the lot from the end of the
expiry day for the scheme that applied before the postponement;
and
(b) may
provide for compensation to be payable to the owner of a lot on the expiry of
the scheme for improvements to the lot effected by the owner or a former owner
of the lot; and
(c) must
comply with requirements set out in the regulations.
(5) Leasehold by-laws
can only be made, amended or repealed if the owner of the leasehold scheme has
given written consent to the by-laws.
Note for this section:
Leasehold by-laws
providing for postponement of the expiry day for the scheme can only be made,
amended or repealed with the approval of the Planning Commission as set out in
section 20.
[Section 40 inserted: No. 30 of 2018 s. 83.]