Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A strata company
shall —
(a)
establish a fund for administrative expenses that is sufficient in the opinion
of the company for the control and management of the common property, for the
payment of any premiums of insurance and the discharge of any other obligation
of the strata company;
(b)
determine from time to time the amounts to be raised for the purposes
described in paragraph (a);
(c)
raise amounts so determined by levying contributions on
proprietors —
(i)
in proportion to the unit entitlements of their
respective lots; or
(ii)
where a by-law referred to in section 42B or an
order under section 99A is in force, in accordance with that by-law or
order;
and
(d)
recover from any proprietor, by action in a court of competent jurisdiction if
necessary, any sum of money expended by the company for repairs or work done
by it or at its direction in complying with any notice or order of a competent
public authority or local government in respect of that portion of the
building comprising the lot of that proprietor.
(1a) If a mortgagee of
a lot has entered into possession of the lot any contribution in respect of
that lot may be levied on the mortgagee.
(2) A strata company
may —
(a)
establish a reserve fund for the purpose of accumulating funds to meet
contingent expenses, other than those of a routine nature, and other major
expenses of the strata company likely to arise in the future;
(b)
determine from time to time the amounts to be raised for the purpose described
in paragraph (a); and
(c)
raise amounts so determined by levying contributions on the proprietors in
proportion to the unit entitlements of their respective lots.
(3) Except in so far
as and to the extent that the by-laws of a strata company may empower the
council of that company to exercise the functions in subsections (1)(a),
(b) and (c) and (2), those functions shall be performed by and in accordance
with resolutions of proprietors passed at a general meeting of the strata
company.
(4) Any contribution
levied under this section —
(a)
becomes due and payable to the strata company in accordance with the terms of
the decision to make the levy;
(b) if
not paid when it becomes due and payable, bears interest on the amount unpaid
at the rate of simple interest prescribed, unless the company determines
(either generally or in a particular case) that an unpaid contribution shall
bear no interest or interest at a lesser rate; and
(c)
including interest accrued under paragraph (b), may be recovered as a
debt by the strata company in a court of competent jurisdiction and the strata
company may agree to a compromise of such a debt.
(5) Interest paid or
recovered under subsection (4) or (6) shall form part of the fund to
which the contribution belongs.
(6) Subject to
section 43(4), a proprietor of a lot is liable in respect of any
contribution levied under this section and any interest thereon, jointly and
severally with any person who was liable to pay that contribution and interest
when that proprietor became the proprietor of that lot, to pay so much of that
contribution and interest as was unpaid when he became the proprietor of that
lot.
[Section 36 amended by No. 58 of 1995
s. 39; No. 14 of 1996 s. 4.]