Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the first
annual general meeting of the strata company is not convened in accordance
with section 49 or, having been so convened, is not held, the State
Administrative Tribunal may, pursuant to an application by the strata company,
a proprietor or a mortgagee of a lot, appoint by order a person to convene a
meeting of the strata company within such time as may be specified in the
order and the meeting convened by that person shall be deemed to be the
meeting convened under that section.
(2) At any time after
the meeting convened under subsection (1) has been held, the State
Administrative Tribunal may, pursuant to an application made by a proprietor
or a mortgagee of a lot, appoint by order a person, nominated by the
proprietor or mortgagee, who has consented to that nomination —
(a) if
there is not a council of the strata company, to convene a meeting of the
strata company within such time as may be specified in the order and a meeting
so convened shall, for the purpose of the election of a council, be deemed to
be the first annual general meeting of the strata company; or
(b) if
there is not a chairman, secretary and treasurer of the council of the strata
company, to convene a meeting of the council of the strata company within such
time as may be specified in the order and a meeting so convened shall be
deemed to have been convened by that council.
(3) An order made
under subsection (1) or (2) may include such ancillary or consequential
provisions as the State Administrative Tribunal thinks fit.
(4) Notwithstanding
Schedule 1, where an order made under subsection (1) or (2) so
provides —
(a) the
person appointed by the order to convene a meeting of a strata company shall
preside at the meeting and, while he so presides, shall be deemed to be the
chairman of the strata company; and
(b)
notice of that meeting may be given in the manner specified in the order.
(5) Where a meeting of
the strata company convened in accordance with this section is held after the
time limited under this section for the holding of the meeting, it does not on
that account fail to be the first annual general meeting of the strata
company.
(6) An original
proprietor who has failed to convene and hold a meeting of the body corporate
in accordance with section 49 remains liable to the penalty provided by
that section notwithstanding that an order is made under subsection (1)
or that a meeting is convened and held pursuant to such an order.
[Section 103 amended by No. 55 of 2004
s. 1156(1) and (3).]