Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 103F

103F .         Order dispensing with approval under s. 7(2) or 7A(2)

        (1)         A proprietor of a lot who has applied for but not obtained an approval under section 7B may apply to the State Administrative Tribunal for an order under this section.

        (2)         An order under this section is an order declaring that the approval required under section 7 or 7A, as the case may be, is to be deemed to have been given by the proprietor or the strata company.

        (3)         On the making of an application under subsection (1), the State Administrative Tribunal may make an order under this section if satisfied that the approval —

            (a)         should have been given under section 7 or 7A, as the case may be; but

            (b)         has been unreasonably withheld,

                by the proprietor or the strata company.

        (4)         If —

            (a)         a proprietor has made an application to a strata company under section 7B; and

            (b)         the application has been considered at a general meeting at which no vote was passed against the application,

                the proprietor may make a conditional application for an order under this section.

        (5)         The State Administrative Tribunal cannot make an order on a conditional application unless a proprietor, voting in accordance with section 3AC(2), casts a vote against the application referred to in subsection (4)(a) nor until the expiration of 35 days after the meeting.

        [Section 103F inserted: No. 58 of 1995 s. 77; amended: No. 61 of 1996 s. 5; No. 55 of 2004 s. 1142, 1156(1) and 1158.]



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