Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 103H

103H .         Order for variation of unit entitlement

        (1)         An application to the State Administrative Tribunal for an order under this section may be made —

            (a)         by the proprietor or a registered mortgagee of a lot in a scheme; or

            (b)         by the strata company for the scheme.

        (2)         An order under this section is an order amending the schedule of unit entitlement registered in respect of the scheme in a manner that the State Administrative Tribunal thinks appropriate.

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

            (a)         the proportion that the unit entitlement of any lot in the scheme bears to the aggregate unit entitlement of all lots in the scheme is not consistent with the proportion that the value of that lot bears to the aggregate value of all lots in the scheme; and

            (b)         that the lack of consistency is sufficiently great as to be unfair or anomalous.

        (4)         References in subsection (3)(a) to value are to —

            (a)         capital value as defined in the Valuation of Land Act 1978 , in the case of lots in a strata scheme; and

            (b)         site value as defined in that Act, in the case of lots in a survey-strata scheme.

        (5)         An order under this section is of no effect until a copy of the order has been lodged with the Registrar of Titles under section 115 and he has made the amendment required by subsection (7).

        (6)         Upon the lodgement of a copy of an order certified by the executive officer of the State Administrative Tribunal as a true copy, the Registrar of Titles shall amend the schedule of unit entitlement registered in respect of the scheme in the prescribed manner.

        (7)         When the schedule is so amended the share of a proprietor in common property vested in the proprietor pursuant to the amended schedule shall by operation of law be subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot, and every such encumbrance or caveat is deemed to be amended accordingly.

        (8)         The State Administrative Tribunal may order a party who opposes an application under this section to pay the costs of a successful applicant if the State Administrative Tribunal considers the actions of that party in relation to the application have been unreasonable.

        [Section 103H inserted: No. 58 of 1995 s. 77; amended: No. 55 of 2004 s. 1143, 1156 and 1158.]



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