Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 114

114 .         Effect of certain orders

        (1)         The terms of an order made under section 85, 86, 87, 89, 99, or 100 (other than section 100(3)(a)) or under section 101 or an order made under section 83 in which the State Administrative Tribunal declares that it is to have effect as a decision of a strata company shall be deemed to be a resolution passed by the strata company in respect of the scheme to which the order relates.

        (2)         Upon service upon it of a copy of an order referred to in subsection (1), the strata company shall cause the terms of the order to be recorded in its minute book.

        (3)         Except in the case of a unanimous resolution, a resolution passed by a strata company has no force or effect if it purports to rescind or amend a resolution deemed by subsection (1) to have been passed by the strata company.

        (4)         Where an order referred to in subsection (1) specifies a period during which a resolution passed by the strata company has no force or effect if it purports to alter the effect of that order, such a resolution has no force or effect if it is passed during that period —

            (a)         unless it is a unanimous resolution; or

            (b)         unless, upon an application made as referred to in subsection (5), the State Administrative Tribunal makes an order under this paragraph authorising the submission to a general meeting of the strata company of a motion for that resolution.

        (5)         An application for an order under subsection (4)(b) —

            (a)         may be made by any person who, if the application for the order referred to in subsection (1) were made at the time the application referred to in this subsection is made, would be entitled to make the application for the order referred to in subsection (1); and

            (b)         shall specify the order sought.

        [Section 114 amended: No. 58 of 1995 s. 96; No. 55 of 2004 s. 1149 and 1156(1) and (3).]



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