Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 42C]
[Heading inserted by No. 58 of 1995
s. 91; amended by No. 19 of 2010 s. 4.]
1 . Terms used in this Schedule
In this
Schedule —
post-1985 company means a company referred to in
section 42C(1);
transition period means the period of
12 months after the commencement of section 43(1) of the Strata
Titles Amendment Act 1995 .
[Clause 1 inserted by No. 58 of 1995
s. 91.]
(1) Section 42C,
as modified by subclause (2), applies to a post-1985 company after the
expiration of the transition period but the company may determine by
resolution without dissent that it is to apply as so modified from an earlier
day.
(2) A by-law made by a
post-1985 company and recorded on the strata plan, notwithstanding
section 42C, continues in force except to the extent of any inconsistency
with this Act, other than Schedules 1 and 2.
(3) Subject to
subclause (4), a post-1985 company may determine that, notwithstanding
section 42C, Schedule 2 or any provision of that Schedule does not
apply in respect of the strata scheme.
(4) The power to make
a determination under subclause (3) does not apply to any by-law in
Schedule 2 if immediately before the commencement of section 91 of
the Strata Titles Amendment Act 1995 that by-law applied to the strata
company.
(5) A determination
under subclause (3) does not have effect unless notification is recorded
before the expiry of the transition period, in the form prescribed under
section 42(4), on the relevant strata plan.
(6) A by-law referred
to in subclause (2) has effect despite the provisions of Schedules 1
and 2, and those provisions are modified accordingly.
(7) Section 93
applies, with all necessary modifications, to enable —
(a) an
order of the State Administrative Tribunal to be applied for
where —
(i)
a strata company has purportedly exercised the power
conferred by subclause (3) but has acted beyond power; or
(ii)
the power so conferred should have been exercised by a
company but the company has failed to do so;
and
(b) an
order to be made by the State Administrative Tribunal making applicable all
provisions or any provision of Schedule 2 if it should not have been made
inapplicable by determination made under subclause (3).
(8) An application for
an order referred to in subclause (7) cannot be accepted unless the
proprietor satisfies the State Administrative Tribunal that the justice of the
case requires that the application be accepted.
(9) Nothing in this
Schedule is to be read as preventing a strata company from doing anything that
it is authorised to do under section 42(2).
[Clause 2 inserted by No. 58 of 1995
s. 91; amended by No. 55 of 2004 s. 1155 and 1156(1).]
