Western Australian Current Acts

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103D .         Order cancelling special resolution

        (1)         Where a special resolution has been passed by a strata company for a scheme in which there are 3, 4 or 5 lots a proprietor who did not vote, either personally or by proxy, in support of the resolution may apply to the State Administrative Tribunal for an order under this section.

        (2)         An application under subsection (1) cannot be made by a proprietor later than —

            (a)         the 28th day after the day of the meeting at which the special resolution was passed; or

            (b)         if any vote in support of the resolution was cast under section 3B(5), the 56th day after the day of the meeting or the 28th day after service of notice of passing of the special resolution on the proprietor, whichever first occurs.

        (3)         An order under this section is an order declaring that a special resolution specified in the order is to be deemed not to have been passed by the strata company.

        (4)         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 proprietors have acted unreasonably in passing the special resolution.

        (5)         In subsection (1) lot does not include a lot in a survey-strata scheme that is designated as a common property lot.

        [Section 103D inserted: No. 58 of 1995 s. 77; No. 55 of 2004 s. 1156(1) and (3) and 1158.]

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