Western Australian Consolidated Acts

STRATA TITLES ACT 1985 - SECT 7B

7B .         Further provisions as to approvals for purposes of sections 7 and 7A

        (1)         A proprietor who wishes to obtain an approval of a proposal that comes within section 7(2) or 7A(2) shall serve an application on the strata company or the other proprietor, as the case may require, and in the application shall set out details of the proposal and such other information as may be prescribed.

        (2)         Where an application is made to a strata company under subsection (1) the council of the company shall submit the application to a general meeting of the company convened for the purpose, or for purposes which include that purpose, within 35 days after the application is received ( the allowed period ).

        (3)         If the council does not —

            (a)         give notice of such a meeting, within 14 days after the application is served on the strata company, to each proprietor and registered mortgagee who has notified his interest to the strata company; or

            (b)         convene a general meeting of the company within the allowed period,

                any proprietor may convene a general meeting, in the same manner as nearly as possible as that in which meetings are to be convened by the council, and submit the application to that meeting.

        (4)         Despite subsection (2), a council may submit an application to a general meeting convened by the council after the allowed period if that meeting is held before a meeting is convened by the applicant under subsection (3).

        (5)         Notice in writing of the decision on an application shall be given to the applicant —

            (a)         in the case of a two-lot scheme, by the other proprietor within 42 days after the service of the application on him; and

            (b)         in any other case, by the strata company within 77 days after service of the application on the company.

        (6)         If an application made to a strata company or the other proprietor for approval under section 7 is not approved, a notice under subsection (5) shall show the ground or grounds —

            (a)         disclosed by each proprietor who cast a vote of a kind referred to in section 7(4)(c); or

            (b)         on which approval is refused by the other proprietors,

                as the case may be.

        (7)         If notice of a decision is not given to the applicant in accordance with subsection (5) and, where applicable, subsection (6) the approval applied for is to be taken to have been given.

        [Section 7B inserted by No. 58 of 1995 s. 13.]