WESTERN AUSTRALIA
STRATA TITLES AMENDMENT
ACT 1995
No. 58 of 1995
AN ACT to amend the Strata Titles Act 1985 and to consequentially amend certain other Acts.
[Assented to 20 December 1995.]
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Strata Titles Amendment
Act 1995.
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s. 2
Commencement
2. The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation.
Principal Act
3. In this Act the Strata Titles Act 1985* is referred to as the
principal Act.
[* Act No. 33 of 1985.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, p. 207 and Act No. 84 of 1994.]
Long title amended
4. The long title to the principal Act is amended by deleting
‘‘subdivision of land into cubic spaces’’ and substituting the
following —
| ‘‘ | horizontal and vertical subdivision of land | ’’. |
Section 3 amended and validation
| 5. | (1) | Section 3 (1) of the principal Act is amended — | ||||
| (a) | in the definition of ‘‘common property’’ — | |||||
|
‘‘
| (c) | thelotorlotsshownona survey-strata plan as common property; |
’’;
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s. 5
| (b) | in the definition of ‘‘location plan’’ by inserting before ‘‘means’’ the following — | ||
| |||
| (c) | in the definition of ‘‘lot’’ — | ||
|
| ‘‘ | , in relation to a strata scheme, | ’’; and |
(ii) by deleting ‘‘strata plan of subdivision or strata’’ and substituting the following —
|
| (d) | by deleting the definitions of ‘‘special resolution’’ and ‘‘strata plan’’; |
| (e) | in the definition of ‘‘strata company’’ by inserting after ‘‘section 32’’ the following — |
‘‘
whether for a strata scheme or a survey-
strata scheme
’’;
| (f) | in the definition of ‘‘strata scheme’’, in paragraph (a) by inserting after ‘‘property’’ the following — | ||
| |||
| (g) | inthedefinitionof‘‘unanimousresolution’’,by deleting paragraph (a) and substituting the following paragraph — |
‘‘
| (a) | aresolutionthatispassed unanimously at a duly convened |
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s. 5
general meeting of the strata
company —
(i) of which at least 14 days’ notice spec i f y ing the proposed resolution has been given; and
(ii) at which all persons entitled to exercise the powers of voting conferred under this Act are present and vote, either personally or by proxy; or
’’.
Section 3 (1) of the principal Act is amended by inserting
the following definitions in their appropriate alphabetical
positions —
(2)
‘‘
‘‘lot’’, in relation to a survey-strata scheme, means land that is shown as a lot consisting of one or more parts on the plan for that scheme, but does not…