Western Australian Current Acts

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

STRATA TITLES ACT 1985 - SECT 54

54 .         Enforcement of strata lease

        (1)         The owner of a leasehold scheme or the owner of a lot in the leasehold scheme may apply to the Tribunal for enforcement of a covenant or condition in the strata lease or an obligation under this Division.

        (2)         However, an application can only be made by the owner of the leasehold scheme if —

            (a)         the owner of the leasehold scheme has served notice about the breach of the strata lease on the owner of the lot, and the mortgagee of the lot, if any, that complies with the Property Law Act 1969 section 81(1)(a), (b) and (c); and

            (b)         the owner of the lot has failed within a reasonable time after the service of the notice on the owner, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the owner of the leasehold scheme, for the breach.

        (3)         The Tribunal may, if satisfied that the owner of a lot in a leasehold scheme has breached a covenant or condition in the strata lease, by order do 1 or more of the following —

            (a)         require the owner of the lot to pay compensation to the owner of the leasehold scheme for any pecuniary loss or damage caused by the breach of the strata lease;

            (b)         require the owner of the lot to do, or refrain from doing, a specified act to remedy the breach;

            (c)         vest, for the remaining term of the strata lease, or for a shorter term, the strata lease for the lot in a mortgagee of the lot on conditions that the Tribunal is satisfied are just and equitable, including, for example, conditions relating to —

                  (i)         the execution of a dealing or other document; or

                  (ii)         the payment of costs, expenses, damages or compensation; or

                  (iii)         the giving of security;

            (d)         if the covenant or condition is a fundamental covenant or condition and the Tribunal is satisfied that the owner of the leasehold scheme cannot be reasonably compensated by an order under a preceding paragraph, authorise the owner of the leasehold scheme to re-enter the lot.

        (4)         The Tribunal may, if satisfied that the owner of a leasehold scheme has breached a covenant or condition in the strata lease or has contravened this Act, by order do 1 or more of the following —

            (a)         require the owner of the leasehold scheme to pay compensation to the owner of a lot in the scheme for any pecuniary loss or damage caused by the owner of the leasehold scheme, including by purporting to exercise a right to re-enter the lot in circumstances in which the owner does not have that right;

            (b)         require the owner of the leasehold scheme to return possession of a lot in the scheme to the owner of the lot.

        [Section 54 inserted: No. 30 of 2018 s. 83.]

[ 54A.         Deleted: No. 30 of 2018 s. 82(b).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback