Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 94

94 .         Order granting certain licence

        (1)         Pursuant to an application by a proprietor for an order under this section, the State Administrative Tribunal may, subject to this section, order that the applicant, and any occupier or other resident of the lot of which the applicant is the proprietor, may use specified common property in such a manner, for such purposes, and upon such terms and conditions, if any, as are specified in the order.

        (2)         The State Administrative Tribunal shall not make an order under subsection (1) unless satisfied —

            (a)         that the lot of which the applicant is proprietor is incapable of reasonable use and enjoyment by the proprietor, occupier, or other resident of the lot unless the order is made; and

            (b)         that the strata company has refused to grant a licence to use common property in such a manner, for such purposes, and upon such terms and conditions as would enable that proprietor or such an occupier or other resident reasonably to use and enjoy that lot.

        (3)         An order under subsection (1), when recorded under section 115, has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law.

        [Section 94 amended: No. 55 of 2004 s. 1156(1) and (2) and 1158.]



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