Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 103C

103C .         Order making resolution for two-lot scheme

        (1)         Where a resolution, including a special resolution, for which an order under this section may be made has been proposed by a proprietor of a lot in a two-lot scheme for passing by the strata company for the scheme but has been defeated, the proprietor may apply to the State Administrative Tribunal for an order under this section.

        (2)         An order under this section is an order declaring that —

            (a)         a resolution or a special resolution, as the case may be, specified in the order is to be deemed to have been duly passed by the strata company; or

            (b)         a resolution specified in the order is to be deemed to have been duly passed by the strata company as a unanimous resolution for the purposes of section 21F or 21Q.

        (3)         On the making of an application by a proprietor under subsection (1), the State Administrative Tribunal may make an order under this section if satisfied that the other proprietor has acted unreasonably in refusing to agree to the resolution.

        [Section 103C inserted: No. 58 of 1995 s. 77; amended: No. 61 of 1996 s. 32; No. 55 of 2004 s. 1156(1) and (3) and 1158.]



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