Western Australian Consolidated Acts Western Australian Consolidated Acts (1) One or more lots
may be converted into common property by the registration of a transfer
executed by the proprietor or proprietors of that lot or those lots and by the
strata company.
(2) A transfer under
subsection (1) shall not be registered unless —
(a) it
is accompanied by a certificate given by the local government consenting to
the conversion into common property effected by the transfer;
(b) it
is accompanied by a certificate under seal of the strata company certifying
that the strata company has by resolution without dissent (or unanimous
resolution, in the case of a two-lot scheme) consented to the conversion
effected by the transfer; and
(c)
every mortgage, charge, current lease, caveat or other interest recorded in
the Register in relation to the lot or each lot to which the transfer relates
has, in so far as it affects any such lot, been discharged or surrendered or
withdrawn or otherwise disposed of, as the case may be.
(3) Upon the
registration of a transfer under this section, the land comprised in the
transfer becomes common property and is subject to the provisions of this Act
relating to common property and the Registrar of Titles shall —
(a)
amend the strata/survey-strata plan in the prescribed manner;
(b)
amend the schedule of unit entitlement in the prescribed manner; and
(c)
cancel the certificate of title for each lot converted into common property.
(4) Upon the
registration of a transfer under this section, the share of a proprietor in
common property vested in the proprietors pursuant to this section shall by
operation of law be subject to any encumbrance registered or caveat lodged
with the Registrar of Titles against his lot and every such encumbrance or
caveat is deemed to be amended accordingly.
[Section 10 amended by No. 58 of 1995
s. 92 and 95; No. 14 of 1996 s. 4; No. 81 of 1996
s. 153(1).]