Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


16 .         Reallocation of unit entitlement by SAT

        (1)         Upon the application of a proprietor of a lot within a scheme or a strata company, the State Administrative Tribunal may, under and in the manner provided by this section, order that the schedule of unit entitlement registered in respect of the scheme be amended.

        (2)         An application under this section shall not be accepted by the State Administrative Tribunal unless it is accompanied by —

            (a)         a certificate under seal of the strata company certifying that the strata company has by special resolution authorised an application to the State Administrative Tribunal under this section for an order that the schedule of unit entitlement be amended; and

            (b)         a certificate given by a licensed valuer certifying that, or to the effect that, the value of a lot identified in the certificate has varied by more than 5% in relation to the value of another lot identified in the certificate since the registration of the strata/survey-strata plan or, if an amended schedule or schedules of unit entitlement has or have been registered, since the most recent registration of an amended schedule of unit entitlement.

        (3)         Notice of an application under subsection (1) shall be served on —

            (a)         every person who was entitled to exercise the power of voting conferred under this Act and did not, either in person or by proxy, vote in favour of the resolution authorising the application; and

            (b)         every person whom the State Administrative Tribunal declares to have a sufficient interest in the proceedings to require that he should be served with notice of the application.

        (3a)         Subsection (3) does not limit the ability of the State Administrative Tribunal to order that a person be joined as a party to the proceedings.

        (4)         Except where in the circumstances of a particular application the State Administrative Tribunal is satisfied that there are good and sufficient reasons for not making an order under this subsection, the State Administrative Tribunal shall —

            (a)         determine every application under this section by the allocation to each lot in the scheme of a unit entitlement that 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 each lot bears to the aggregate value of all the lots delineated on the plan; and

            (b)         order that the schedule of unit entitlement registered in respect of the scheme be amended in accordance with the allocation of unit entitlements made under paragraph (a).

        (5)         Upon receiving a copy of an order made under this section, the Registrar of Titles shall amend the schedule of unit entitlement registered in respect of the scheme in the manner prescribed and thereupon 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.

        (6)         The State Administrative Tribunal shall not order a party who opposes an application under this section to pay the costs of a successful applicant unless the State Administrative Tribunal considers the actions of that party in relation to the application to have been unreasonable.

        (7)         In subsections (2) and (4) —

        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 16 amended: No. 58 of 1995 s. 19, 95 and 96; No. 55 of 2004 s. 1109.]

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback