Western Australian Current Acts Western Australian Current Acts (1) An application for
the approval of the structural alteration of a lot must set out details of the
proposal and such other information as may be prescribed.
(2) If an application
is made to a strata company under subsection (1), voting on the application
must open within 35 days after the application is received (the allowed period
).
(3) If voting on the
application does not open as required by subsection (2), the applicant may
convene a general meeting, in the same manner as nearly as possible as that in
which meetings are to be convened by the council, and submit the application
to that meeting.
(4) Despite subsection
(2), a council may submit an application to a general meeting convened by the
council after the allowed period if that meeting is held before a meeting is
convened by the applicant under subsection (3).
(5) The owner of a lot
or the owner of a leasehold scheme is taken to have approved the structural
alteration of a lot as set out in an application for approval served on the
owner if —
(a) the
owner serves on the applicant written consent to the alteration; or
(b) the
owner has not, at the end of 42 days after being given the application, made a
written objection to the alteration; or
(c) for
a strata scheme, the owner has made such an objection but the objection does
not specify the grounds of the objection or the grounds specified are not
grounds on which the owner may object under section 87.
(6) A strata company
is taken to have approved the structural alteration of a lot as set out in an
application for approval served on the strata company if —
(a) the
strata company serves on the applicant written consent to the alteration
expressed by resolution without dissent; or
(b)
despite section 87(2) —
(i)
the strata company has not, at the end of 77 days after
being given the application, made a written objection to the alteration; or
(ii)
for a strata scheme, the strata company has made such an
objection but the objection does not specify the grounds of the objection or
the grounds specified are not grounds on which members of the strata company
may object under section 87.
[(7) deleted]
[Section 89, formerly section 7B, inserted: No. 58
of 1995 s. 13; amended, renumbered as section 89 and relocated: No. 30 of 2018
s. 11 and 84.]