Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 126

126 .         Exercise of voting power in certain cases

                The entitlement of the owner of a lot to vote on a proposed resolution is subject to the following —

            (a)         if the lot is subject to a registered mortgage —

                  (i)         the first mortgagee of the lot may, in person or by proxy, cast the vote on behalf of the owner of the lot; and

                  (ii)         the owner may cast the vote if the first mortgagee does not do so;

                and

            (b)         in any event —

                  (i)         if the owner of the lot has not attained 18 years of age, the owner may not cast the vote but the owner’s guardian may do so on behalf of the owner; and

                  (ii)         if the owner of the lot is, for any reason, unable to control the owner’s property, the person who is, for the time being, authorised by law to control the owner’s property may cast the vote on behalf of the owner; and

                  (iii)         if there are co-owners of the lot, the co-owners may only cast the vote through jointly appointing a single proxy (who may be 1 of the co-owners).

        [Section 126 inserted: No. 30 of 2018 s. 83.]

[Former section 126 renumbered as section 217 and relocated to Part 14: No. 30 of 2018 s. 84.]

        [Heading inserted: No. 30 of 2018 s. 83.]



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