Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 15

15 .         Reallocation of unit entitlement by resolution without dissent (or unanimous resolution, in the case of a two-lot scheme)

        (1)         The schedule of unit entitlement registered in respect of a scheme may be amended by the registration with the Registrar of Titles of an amended schedule of unit entitlement under and in the manner provided by this section.

        (2)         An amended schedule of unit entitlement shall not be registered under this section unless it is accompanied by —

            (a)         a certificate under seal of the strata company certifying that the strata company has by resolution without dissent (or unanimous resolution, in the case of a two-lot scheme) consented to the registration of the amended schedule of unit entitlement; and

            (b)         a certificate given by every person, other than a proprietor, who has a registered interest in any lot the unit entitlement of which is affected by the amended schedule of unit entitlement certifying his consent to the registration of the amended schedule; and

            (c)         a certificate given in the prescribed form by a licensed valuer certifying that, or to the effect that, the unit entitlement of each lot, as stated in the amended schedule of unit entitlement, bears in relation to the aggregate unit entitlement of all lots delineated on the strata/survey-strata plan a proportion not greater than 5% more or 5% less than the proportion that the value of that lot bears to the aggregate value of all the lots delineated on the plan.

        [(3)         deleted]

        (4)         Upon the registration of an amended schedule of unit entitlement under this section, the share of a proprietor in common property vested in the proprietors pursuant to the amended schedule of unit entitlement shall by operation of law be subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

        (5)         In subsection (2) —

        registered interest includes a caveat in respect of a lot but excludes an order or other legal process issued in respect of a lot for the purposes of enforcing a judgment or fine;

        value means —

            (a)         in the case of a strata scheme, the capital value within the meaning of the Valuation of Land Act 1978 ; and

            (b)         in the case of a survey-strata scheme, the site value within the meaning of that Act.

        [Section 15 amended: No. 58 of 1995 s. 18, 92, 95 and 96; No. 59 of 2004 Sch. 1 cl. 150.]



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