Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 83

83 .         General powers of SAT to make orders

        (1)         The State Administrative Tribunal may, pursuant to an application of a strata company, an administrator, a proprietor, a person having an estate or interest in a lot or an occupier or other resident of a lot, in respect of a scheme, make an order for the settlement of a dispute, or the rectification of a complaint, with respect to the exercise or performance of, or the failure to exercise or perform, a power, authority, duty or function conferred or imposed by this Act or the by-laws in connection with that scheme on any person entitled to make an application under this subsection or on the council or the chairman, secretary or treasurer of the strata company.

        (2)         Where a strata company has a discretion as to whether or not it exercises or performs a power, authority, duty or function conferred or imposed on it by this Act, it shall be deemed to have refused or failed to exercise or perform that power, authority, duty or function only if it has decided not to exercise or perform that power, authority, duty or function.

        (3)         For the purposes of subsection (2), where —

            (a)         application is made to a strata company to exercise a discretion referred to in that subsection; and

            (b)         the strata company does not, before the expiration of the period of 2 months that next succeeds the making of the application —

                  (i)         exercise or perform a power, authority, duty or function in accordance with the application; or

                  (ii)         inform the applicant that it has decided not to exercise or perform the power, authority, duty or function in accordance with the application,

                the strata company shall be deemed to have decided not to exercise or perform the power, authority, duty or function.

        (4)         Nothing in subsection (1) empowers the State Administrative Tribunal to make an order under that subsection for the settlement of a dispute, or the rectification of a complaint, with respect to the exercise or performance of, or the failure to exercise or perform, a power, authority, duty or function conferred or imposed on the strata company by this Act where that power, authority, duty or function may, in accordance with any provision of this Act, only be exercised or performed pursuant to a unanimous resolution, resolution without dissent or a special resolution.

        (5)         Nothing in this Part authorises the State Administrative Tribunal to make an order of the kind that may be made under section 28, 29, 29A or 31.

        (6)         Nothing in this Part affects the generality of subsection (1), but an order in respect of any matter referred to in any other section of this Part shall not be made under this section.

        [Section 83 amended: No. 58 of 1995 s. 73, 93(1) and 96; No. 24 of 2000 s. 40(8); No. 55 of 2004 s. 1133 and 1156(1) and (2).]



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