Western Australian Current Acts

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100 .         Order where voting rights denied or due notice of item of business not given

        (1)         Where, pursuant to an application by a person under this section, the State Administrative Tribunal is satisfied that a particular resolution would not have been passed at a general meeting of a strata company but for the fact that the applicant —

            (a)         was improperly denied a vote on the motion for the resolution; or

            (b)         was not given due notice of the item of business pursuant to which the resolution was passed,

                the State Administrative Tribunal may order that the resolution be treated as a nullity on and from the date of the order.

        (2)         An application for an order under subsection (1) may not be made later than 30 days after the day of the meeting at which the resolution was passed.

        (3)         Where —

            (a)         an order under subsection (1) is made in respect of a resolution making a by-law or amending or repealing a by-law; and

            (b)         the by-law made or amended by that resolution is in force; and

            (c)         the order is recorded as provided by section 115,

                the by-laws shall, subject to their having been or being amended, added to or repealed under section 42 and to any order with respect to the order under subsection (1) made by a superior court, have force and effect on and from the date the order is so recorded to the same extent as they would have had if the resolution had not been passed.

        [Section 100 amended: No. 55 of 2004 s. 1156(1) and (3).]

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