Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 99

99 .         Order for variation or manner of payment of contributions

        (1)         Where, pursuant to an application by a proprietor or by a mortgagee in possession (whether by himself or another person) for an order under this section, the State Administrative Tribunal considers that any amount of contributions levied under section 36 is inadequate or excessive, or that the manner of payment of contributions is unreasonable, the State Administrative Tribunal may —

            (a)         order variation of the amount; or

            (b)         order payment of contributions in a different manner; or

            (c)         make orders under paragraphs (a) and (b).

        (2)         Where an order under subsection (1) takes effect in relation to a contribution levied by a strata company that has been wholly or partly paid in respect of a lot, the strata company shall —

            (a)         where the contribution required to be paid in respect of the lot pursuant to the order is greater than the amount already paid in respect of the lot — be deemed to have determined to make a levy under section 36 of an amount equal to the difference between the amount already paid in respect of the lot and the amount of the contribution required to be paid in respect of the lot pursuant to the order; or

            (b)         where the contribution required to be paid in respect of the lot pursuant to the order is less than the amount already paid in respect of the lot — refund to the proprietor by whom, or on whose behalf, the payment had already been made an amount equal to the difference between the amount already paid in respect of the lot and the amount of the contribution required to be paid in respect of the lot pursuant to the order.

        [Section 99 amended: No. 55 of 2004 s. 1139 and 1156(1) and (3).]



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