Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 3AC

3AC .         Resolution without dissent

        (1)         For the purposes of this Act a resolution without dissent is a resolution —

            (a)         passed at a duly convened general meeting of the strata company of which sufficient notice (as defined by section 3C) has been given and at which a sufficient quorum (as so defined) is present; and

            (b)         against which no vote is cast by a person entitled to exercise the powers of voting on the resolution conferred under this Act —

                  (i)         voting at the meeting either personally or by proxy; or

                  (ii)         voting in accordance with subsection (2).

        (2)         A person entitled to exercise the powers of voting conferred under this Act is also to be taken to vote —

            (a)         in support of a resolution if he signifies in writing served in accordance with subsection (3) that he agrees to the resolution; or

            (b)         against the resolution if he signifies in writing served in accordance with subsection (3) that he disagrees with the resolution,

                within 28 days after the day of the meeting, whether that writing is signed by the person or by another person who at the time of the signing is entitled to exercise the power of voting in place of that person.

        (3)         The writing referred to in subsection (2) is not effective unless it is served —

            (a)         on the strata company; or

            (b)         where under section 36A or 36B a roll is not maintained by the strata company, on the other proprietors.

        [Section 3AC inserted as section 3A: No. 58 of 1995 s. 6; renumbered as section 3AC: No. 61 of 1996 s. 5.]



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