Western Australian Current Acts

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93 .         Order relating to by-laws

        (1)         Any person entitled to vote at a meeting of a strata company (including both a first mortgagee and a proprietor who is a mortgagor of a lot) may apply to the State Administrative Tribunal for an order under this section.

        (2)         An order under this section is an order for one or more of the following —

            (a)         a declaration that a by-law or an amendment or repeal of a by-law is invalid;

            (b)         the repeal of a by-law;

            (c)         the repeal of an amendment to a by-law;

            (d)         the re-instatement of —

                  (i)         a by-law that was repealed or deemed by subsection (4) to be repealed; or

                  (ii)         any provision of a by-law that was amended or deemed by subsection (4) to be amended.

        (3)         On the making of an application under subsection (1) the State Administrative Tribunal may make an order under this section if satisfied that the by-law or the repeal or amendment of a by-law —

            (a)         was made without power; or

            (b)         was not made in accordance with this Act or the regulations or any other requirement that ought to have been observed; or

            (c)         should not have been made having regard to the interests of all proprietors in the use and enjoyment of their lots or the common property.

        (4)         An order under this section, when recorded under section 115, has effect according to its tenor and subject to any order with respect thereto made by a superior court; and in particular an order has effect —

            (a)         where subsection (2)(a) applies, as if its terms were an exercise of the power to repeal or amend the by-laws; and

            (b)         in any other case, as if it were the exercise by the strata company of its powers in respect of by-laws.

        (5)         This section does not apply with respect to a by-law made or deemed to be made under section 42(8).

        [Section 93 inserted: No. 58 of 1995 s. 74; amended: No. 55 of 2004 s. 1156(1) and 1158.]

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