Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 125

125 .         Service of documents on strata company, proprietors and others

        (1)         A summons or other legal process may be served on a strata company by leaving it with the chairman or secretary of the strata company or with any member of the council or with every proprietor of a lot.

        (2)         A document other than a document referred to in subsection (1) may be served on a strata company —

            (a)         by leaving it with any person referred to in subsection (1) or in the receptacle provided by the strata company in accordance with section 35(1)(i); or

            (b)         by posting it, by prepaid mail, to the strata company at its address recorded on the registered strata/survey-strata plan or recorded by the Registrar of Titles under section 40(2).

        (3)         Subject to this Act, a notice or other document required or authorised by this Act or the by-laws to be served by the State Administrative Tribunal, the strata company, a council or the secretary of a council on a proprietor or occupier of a lot may be served —

            (a)         in the case of an occupier, by leaving it with some person apparently of or over the age of 16 years at the address of the lot; or

            (b)         in the case of a proprietor —

                  (i)         personally;

                  (ii)         by post to the proprietor’s address for service appearing on the roll maintained by the strata company under section 35A or, where no such address is specified, by post to the address of the proprietor’s lot;

                  (iii)         where under section 36A or 36B a roll is not maintained by a strata company, by post to the address notified under subsection (3a);

        [(iv)         deleted]

                  (v)         in any manner authorised by the by-laws for the service of notices on proprietors.

        (3a)         Where under section 36A or 36B a roll is not maintained by a strata company for a scheme, the proprietor of a lot in the scheme shall give notice in writing to the strata company and each of the other proprietors of his address for service.

        Penalty: $400.

        (3b)         Where on a change of ownership a proprietor of a lot in a scheme for which a roll is not maintained under section 36A or 36B notifies an address for service to the strata company and each of the other proprietors, each of the other proprietors shall give notice in writing to the new proprietor of their respective addresses for service.

        (4)         Notice under section 48(1) may be served on a person —

            (a)         personally or by post; or

            (b)         by leaving it with a person apparently of or over the age of 16 years at the place of residence or place of business of the first-mentioned person.

        [Section 125 amended: No. 58 of 1995 s. 83 and 95; No. 55 of 2004 s. 1156(1).]



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