Western Australian Current Acts Western Australian Current Acts (1) In performing its
functions, a strata company is to have the objective of implementing processes
and achieving outcomes that are not, having regard to the use and enjoyment of
lots and common property in the strata titles scheme —
(a)
unfairly prejudicial to or discriminatory against a person; or
(b)
oppressive or unreasonable.
(2) In achieving that
objective, a strata company —
(a) must
take into account any failure of a person to act consistently with this Act or
the scheme by-laws; and
(b) must
consider the merits of any proposal put to it and the options that are
reasonably available in any particular circumstances; and
(c) must
be aware that —
(i)
a resolution or other conduct may be overturned for
failure to meet that objective despite the fact that it reflects the will of
the majority of members of the strata company as expressed through the
exercise of their voting powers; and
(ii)
the fact that a person has chosen to become the owner of
a lot does not prevent the person challenging the performance of a function
for failure to meet that objective.
(3) Without
limitation, a strata company acts oppressively or unreasonably in passing or
not passing a resolution if —
(a) the
resolution would not have been passed, or not have been passed as a particular
type of resolution, but for the fact that a person was improperly denied a
vote on the resolution; or
(b) the
resolution would have been passed, or would have been passed as a particular
type of resolution, if a person had properly been given an opportunity to vote
on the resolution.
[Section 119 inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]