Western Australian Consolidated Acts

STRATA TITLES ACT 1985 - SECT 50

50 .         Voting at meetings

        (1)         Powers of voting conferred under this Act may be exercised —

            (a)         in the case of a proprietor who is an infant, by his guardian;

            (b)         in the case of a proprietor who is for any reason unable to control his property, by the person who for the time being is authorised by law to control his property.

        (2)         Where the District Court, upon the application of the strata company or of a proprietor or of a mortgagee in possession, is satisfied that there is no person able to vote in respect of a lot or that the person able to vote in respect of a lot cannot be found, the District Court —

            (a)         shall, in cases where a unanimous resolution is required by this Act; and

            (b)         may, in any other case,

                appoint the Public Trustee under the Public Trustee Act 1941 , or some other fit and proper person, for the purpose of exercising such powers of voting under this Act as the District Court shall determine.

        (3)         The District Court may order service of notice of an application under subsection (2) on such persons as it thinks fit or may dispense with service of that notice.

        (4)         On making an appointment under subsection (2), the District Court may make such order as it thinks necessary or expedient to give effect to the appointment, including an order as to the payment of costs of the application, and may vary any order so made.

        [(5)         deleted]

        (6)         Where the interest of a proprietor in a lot is subject to a registered mortgage, a power of voting conferred on a proprietor under this Act —

            (a)         in a case where a unanimous resolution is required, shall not be exercised by the proprietor, but shall be exercised by the mortgagee under such a mortgage first entitled in priority; and

            (b)         in other cases, may be exercised by the mortgagee first entitled in priority and shall not be exercised by the proprietor when that mortgagee is present personally or by proxy.

        (7)         Subsection (6) does not apply unless the mortgagee concerned has given written notice of his mortgage to the strata company.

        [Section 50 amended by No. 58 of 1995 s. 47 and 93(1).]