Western Australian Consolidated Acts

STRATA TITLES ACT 1985 - SECT 51A

51A .         Relief where unanimous resolution required for two-lot scheme

        (1)         Where —

            (a)         under this Act a unanimous resolution is necessary before any act may be done in respect of a two-lot scheme; but

            (b)         that resolution is not obtained because the proprietors of the lots in the scheme do not agree,

                a proprietor may apply to the District Court for an order under this section.

        (1a)         This section does not apply to a unanimous resolution that is required for the passing of a resolution under section 21F or 21Q.

        (2)         An order under this section is an order declaring that a resolution specified in the order is to be deemed to have been duly passed by the strata company as a unanimous resolution.

        (3)         On the making of an application by a proprietor under subsection (1), the District Court may make an order under this section if it is satisfied that a proprietor has acted unreasonably in refusing to agree to the resolution or that it is in the best interests of the proprietors that the order be made.

        (4)         Where a proprietor makes an application under this section the other proprietor is a party to the proceedings and shall be served with notice of the application.

        (5)         Section 51(3) applies to the awarding of costs in proceedings under this section.

        [Section 51A inserted by No. 58 of 1995 s. 50; amended by No. 61 of 1996 s. 22.]