Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The proprietors of
lots in a strata scheme may resolve by unanimous resolution that the strata
scheme be terminated in accordance with this section and upon the passing of
such a resolution the strata company shall immediately lodge notice of the
resolution with the Registrar of Titles in the prescribed form.
(2) Upon receipt of
the notice referred to in subsection (1), the Registrar of Titles shall
make an entry on the relevant registered strata plan in the manner prescribed
and thereupon the proprietors of lots in that plan are entitled to the parcel
as tenants in common in shares proportional to the unit entitlements of their
respective lots.
(3) Where all the
proprietors of lots in a strata scheme desire to transfer the parcel or any
part or parts of the parcel, they may by unanimous resolution direct the
strata company to transfer the parcel or part or parts thereof, and
thereupon —
(a) the
strata company shall execute the appropriate transfer;
(b) the
proprietors of the parcel or part of the parcel transferred are entitled to
the proceeds of the sale in shares proportional to the unit entitlements of
their respective lots; and
(c)
subsections (5) to (8) of section 19 apply as if the parcel were the
common property.
(4) Upon lodgement for
registration of a transfer of a parcel by the strata company pursuant to this
section, the Registrar of Titles, before issuing a certificate of title, shall
make the entry required by subsection (2).
(5) Where land is
transferred by the strata company pursuant to this section —
(a) the
proprietors shall surrender to the Registrar of Titles their duplicate
certificates of title (if any) for cancellation; and
(b) the
Registrar of Titles, after cancelling the certificates of title relating to
the lots, shall create and register in the transferee’s name a new
certificate of title for the land transferred.
[Section 30 amended by No. 58 of 1995
s. 33; No. 81 of 1996 s. 153(1).]