Strata Titles General Amendment Regulations 2000 (WA)
| 1884 | GOVERNMENT GAZETTE, WA | 111 April 2000 |
LAND ADMINISTRATION
LA3OV
Strata Titles Act 1985
Strata Titles General Amendment
Regulations 2000
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Strata Titles General
Amendment Regulations 2000.2. Schedule 3 amended and transitional provision
(1) Schedule 3 to the Strata Titles General Regulations 1996* is
amended by deleting Form 28 and inserting the following form
instead -
14 April 20001 GOVERNMENT GAZETTE, WA 1885
FORM 28
DISCLOSURE STATEMENT
SALE OF STRATA TITLED LOT OR PROPOSED STRATA TITLED
LOT
Section 69 Strata Titles Act 1985
FOR SELLER'S INFORMATION FOR PURCHASER'S INFORMATION
1. The information incorporated in 1. The land to which this
this statement - statement relates, and any
ensuing contract of sale, is
• must be given to a prospective
purchaser of a strata titled lot before part of a strata titled scheme the prospective purchaser makes an which is governed by the offer to purchase, accepts an offer Strata Titles Act 1985.
to sell or enters into a contract to 2. You should read the
purchase the strata titled lot; and information incorporated in • may be given in the form of this
statement or may be incorporated in this statement as it -
the contract of sale of the strata • identifies the lot which you are
titled lot, proposing to purchase; and
• sets Out what your rights and
2. This statement applies to the sale
of a lot on a strata plan or a obligations will be in relation to survey-strata plan. the lot if you purchase the lot. 3. You may have a right to
3. If certain changes occur in terminate the contract to
relation to the strata company, purchase the lot if - the strata/survey-strata plan or
. before entering into the the common property (as set out contract, you were not given
in section 69C(3) of the Strata this statement or the
Titles Act 1985 and mentioned in information in this statement Form 29), before settlement, you was not incorporated into the must give notice in writing of contract; or
those changes to the prospective • certain changes occur in purchaser as soon as you become relation to the strata company, aware of those changes. the strata/survey-strata plan or
the common property (as set4. Failure to give this statement or
incorporate the information in the out in section 69C(3) of the contract of sale or failure to notify Strata Titles Act 1985 and
mentioned in Form 29) before
of any changes may give the settlement and you have not prospective purchaser the right to been given notice in writing of terminate the contract. Exercise of those changes.
this right by the prospective 4 Your right to terminate the purchaser is restricted if this contract is restricted if this
statement or notification of any statement or notification of changes was given at any time
changes was given at any of these matters you should
before settlement. time before settlement. Parts 1 and 3 must be completed 5 If you are uncertain as to any in every' sale of a strata titled lot or proposed strata titled lot. obtain independent advice Part 2 must be completed where from a lawyer or other expert the strata titled lot or proposed before signing any offer to strata titled lot is being sold by the purchase, accepting an offer to original proprietor, in any of the sell or entering into a contract cases listed in Part 2. to purchase the lot.
| 1886 | GOVERNMENT GAZETTE, WA | [14 April 2000 |
PART 1— COMPULSORY DISCLOSURE OF INFORMATION
BY EVERY VENDOR
Particulars of purchaser and strata company
Description of lot to be sold: lot .......on *strat/survey..strata plan no.
Street address of lot......................................................................................
Name of prospective purchaser(s) ...............................................................
Purchaser's address......................................................................................
Name of Scheme (Building) .........................................................................
*Address of strata company / name and address of agent
(for obtaining section 43 certificate or Inspection of records of strata company)
Contact person (if known) ......................................Telephone....................
(* Delete whichever is inapplicable)
Information in relation to Lot, Strata/Survey-strata scheme
The following documents must be attached to this statement:
1. A copy of Form 29 entitled "Buying and Selling a Strata Titled Lot". See Attachment No. 1.
2. purchased clearly identified and drawing attention to any information on the
A copy of the registered or proposed strata/survey-strata plan with the lot to be See Attachment No. 2.
3. A statement of the unit entitlement or proposed unit entitlement of all lots in the scheme or proposed scheme and the aggregate or proposed aggregate unit entitlement. This statement may be -
• included in the attached copy of the registered or proposed strata/survey-strata plan - see Attachment No. 2; or • a separate statement - see Attachment No. 3.
4. A copy of all non-standard strata company by-laws -
• in the case of an existing scheme, that have been recorded on the strata/survey-strata plan or have been passed by the strata company within the previous 3 months and not yet recorded on the strata/survey-strata plan; or • in the case of a proposed scheme, that are proposed to apply to the scheme, including, where applicable, a Schedule 2A Management Statement.
See Attachment No........................
14 April 20001 GOVERNMENT GAZETTE, WA 1887 PART 2- DISCLOSURE BY ORIGINAL PROPRIETOR
WHEN STRATA LOT SOLD FOR FIRST TIME
I'arl 2 must be completed only where the original proprietor is the vendor and— the strata titled lot being purchased is on a strata/survey-strata plan that has not been registered; or
• if the first annual general meeting of the strata company has not been held by the original proprietor; or • if the original proprietor is the owner of 50% or more of the lots in the strata/survey-strata scheme; or • if the original proprietor has 50% or more of the aggregate unit entitlement in the strata/survey-strata scheme. Additional information in relation to strata/survey-strata scheme
1. Agreements for provision of amenities, management or other services
Have either of the strata company or the original proprietor entered into, or propose
to enter into, any management agreement, service or maintenance agreement or other
agreement for the provision of any amenity or service to the strata company or to anypart of the common property or any lot?
YES[ ] NO[ ] If yes— give details of the terms and conditions of every such agreement, the consideration for it and the estimated costs to the proprietor of the lot.
OR
attach copies of the agreements - see Attachment No........................
2. Pecuniary interest in agreements
Does the original proprietor have any direct or indirect pecuniary interest, other than as a proprietor of a lot, in any of the agreements referred to in question 1?
YES[ I If yes-
NO[ ]
• give details of the pecuniary interest(s) ....................................................... OR • attach details - see Attachment No.............. 3. Estimated strata company receipts and expenditure
Attach a copy of the estimated receipts and expenditure of the strata company for the
12 month period from the later of —
the day of registration of the strata/survey-strata plan; or
• the day of the last Annual General Meeting or, if none has been held during the 15 months preceding the date of the contract, from the settlement date stated in the contract. See Attachment No..............
| 1888 | GOVERNMENT GAZETTE, WA | 111 April 2000 |
4. Administrative Fund of the strata company
Is there an administrative fund or proposed administrative fund?
YES[ ] NO[ ] If yes, the contribution or proposed contribution for the Lot, under section 36(1) of
the Strata Titles Act 1985, is $ ........................................per annum,which is payable -
I annually
I by half-yearly instalments of $........................I by quarterly instalments of $...........................
otherwise (please specify) ........................................................................
5. Reserve fund of the strata company
Is there a reserve fund or a proposed reserve fund?
YES[ ] NO[ If yes, the amount of the contribution or proposed contribution for the Lot, under
section 36(2) of the Strata Titles Act 1985, is $ ...............per annum,which is payable -
annually
I by half-yearly instalments of $........................
by quarterly instalments of $...........................
I otherwise (please specify) ........................................................................
6. Proposed lease, licence, exclusive use or special privilege
Have either of the strata company or the original proprietor granted or propose to grant any lease, licence, right of exclusive use or special privilege over the common property or any part of it to the purchaser or any other person?
YES[ ]
If yes —NO[ ]
give details of each lease, licence, right of exclusive use or special privilege,
or proposed lease, licence, right of exclusive use or special privilege.
OR • attach copies of each lease, licence, right of exclusive use or special privilege or proposed lease, licence, right of exclusive use or special privilege - see Attachment No....................................
14 April 20001 GOVERNMENT GAZETTE, WA 1889 PART 3— ACKNOWLEDGMENT OF RECEIPT OF
NOTIFIABLE INFORMATION
Statement by Vendor(s)
Name(s)
Address(es) ..................................................................................................... ...
*I/Ie the Vendor(s), hereby certify that the notifiable information in relation to the Strata lot as described in Part 1 of this form, as required by section 69 of the Strata Titles Act 1985, has been given to -
* the prospective purchaser(s); or * the listing agent to provide it to the prospective purchaser(s), before the offer or contract to purchase this property was signed by the purchaser.
*1/We authorize the prospective purchaser(s) to inspect the records of the stratacompany.
Vendor(s) signature(s) ..................................................................................
Date...........................................
(* Delete whichever is inapplicable) Acknowledgment by prospective purchaser(s)
acknowledge that *1/we have received notifiable information in respect of *1/We the prospective purchaser(s) described in Part 1 of this form,
the lot described in Part 1 of this form and understand that the disclosure given by the vendor(s) or by the selling agent is not an offer or a contract to purchase a strata titled lot, but only provides information to *me/us.
Prospective purchaser(s) signature(s)..........................................................
Date...........................................
(* Delete whichever is inapplicable) Statement by selling agent I. .......................................................................................... (name of agent),
of..........................................................................................(name of firm),
as selling agent, hereby certify that the notifiable information for this property, as provided by the vendor, has been given to the prospective purchaser(s).
Selling agent's signature ..............................................................................
Date............................................
(2) Despite subregulation (1) the Form 28 deleted by that
subregulation is taken to continue to be prescribed for the
purposes of section 69 of the Act until the day 3 months after
these regulations commence.
| 1890 | GOVERNMENT GAZETTE, WA | [14 April 2000 |
r Reprinted as at 11 February 1997.
For amendments to 10 March 2000 see 1998 Index to Legislation of Western Australia, Table 4, p. 294, and Gazette 18 June 19991
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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