Western Australian Current Acts

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103P .         Order reversing the effect of s. 21M

        (1)         A proprietor of a lot in an existing small strata scheme, as defined in section 21A, who did not lodge an objection under section 21O may apply to the State Administrative Tribunal for an order under this section.

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

            (a)         that the boundaries of lots in the scheme are to be amended to be those shown on the strata plan immediately before the change-over day for that scheme under section 21M; and

            (b)         that such other specified things occur or be done as may be necessary to reinstate the rights and interests of proprietors accordingly.

        (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 applicant was unable because of exceptional circumstances to lodge an objection under section 21O; and

            (b)         there is a good reason why the boundaries should be amended as mentioned in subsection (2); and

            (c)         it would not be unfair to any person having a registered interest in any lot for the order to be made.

        (4)         An order under this section is to specify the day on which the boundaries as amended by the order are to have effect but that day cannot be before subsection (5) has been complied with.

        (5)         An order under this section is of no effect until a copy of the order has been recorded by the Registrar of Titles under section 115 on the strata plan to which it relates.

        (6)         In addition to the provisions referred to in subsection (2) an order under this section has the effects described in subsections (7), (8), (9) and (10).

        (7)         Each lot as enlarged or diminished by the order is subject to —

            (a)         any encumbrance that was registered; or

            (b)         caveat that was lodged,

                with the Registrar of Titles against the lot before the day on which the order has effect.

        (8)         Each lot or part of a lot that becomes common property under the order vests in the proprietors to be held by them as tenants in common in shares proportional to the unit entitlements of their respective lots.

        (9)         The share of a proprietor so vested is subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot.

        (10)         Any encumbrance or caveat referred to in subsection (7) or (9) is to be taken to be amended to give effect to that subsection.

        [Section 103P inserted: No. 61 of 1996 s. 35; amended: No. 55 of 2004 s. 1156(1) and (3) and 1158.]

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