Western Australian Current Acts Western Australian Current Acts (1) A strata lease
—
(a) can
only contain covenants or conditions allowed by the regulations; and
(b) if
breach of a covenant or condition may lead to an order of the Tribunal for
re-entry, the strata lease must identify the covenant or condition as a
fundamental covenant or condition ; and
(c)
cannot grant the owner of the leasehold scheme a right of re-entry of the lot
for breach of a covenant or condition (express or implied); and
(d) must
be in the approved form.
(2) The covenants or
conditions allowed by the regulations cannot include covenants or conditions
for the following —
(a) a
matter that could be included in leasehold by-laws;
(b)
refurbishment of the lot or improvements on the lot;
(c) a
matter that is dealt with under this Act including —
(i)
financial contributions towards the maintenance, repair,
renewal or replacement of common property in the leasehold scheme or property
of the strata company; and
(ii)
the insurance required for the leasehold scheme;
(d) the
acquisition of the owner of a leasehold scheme’s freehold reversion in
the lot and the common property appurtenant to the lot;
(e)
compensation for the value of improvements to the lot;
(f) any
other matter specified in the regulations.
(3) If a strata lease
cannot provide for, or relate to, something under this section, then it cannot
be provided for in any other way, other than under scheme by-laws (if the
thing may be the subject of scheme by-laws).
Note for this subsection:
For example, the thing
cannot be made the subject of a lease, contract or deed.
[Section 52 inserted: No. 30 of 2018 s. 83.]