Western Australian Current Acts

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97 .         Power of SAT to invalidate a resolution or election

        (1)         Where, pursuant to an application by a proprietor or first mortgagee of a lot for an order under this section, the State Administrative Tribunal considers that the provisions of this Act have not been complied with in relation to a meeting of the strata company, the State Administrative Tribunal may, by order —

            (a)         invalidate any resolution of, or election held by, the persons present at the meeting; or

            (b)         refuse to invalidate any such resolution or election.

        (2)         The State Administrative Tribunal shall not make an order under subsection (1) refusing to invalidate a resolution or election unless it considers —

            (a)         that the failure to comply with the provisions of this Act did not prejudicially affect any person; and

            (b)         that compliance with the provisions of this Act would not have resulted in a failure to pass the resolution, or have affected the result of the election, as the case may be.

        [Section 97 amended: No. 55 of 2004 s. 1137 and 1156.]

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