Part 11 Variation of strata titles scheme by Tribunal

(1A) An application for an order under this section for a strata scheme can be made by —

(a) the strata company; or

(b) the owner of a lot in the scheme; or

(c) a registered mortgagee of a lot in the scheme; or

(d) for a leasehold scheme, the owner of the leasehold scheme.

(1) If a scheme building is damaged or destroyed, the Tribunal may make an order for or with respect to the variation of the existing strata scheme or the substitution for the existing strata scheme of a new strata scheme.

(2) An insurer who has effected insurance on the scheme building, or any part of the building, against damage to or destruction of the building has the right to appear, in person or by counsel, on an application to the Tribunal under this section.

(3) Without limiting subsection (1), an order made under that subsection may include directions for any 1 or more of the following matters —

(a) the reinstatement in whole or in part of the building;

(b) the transfer or conveyance of the interests of the owners of lots that have been damaged or destroyed to the other owners of lots in proportion to their unit entitlements;

(c) the substitution for the existing schedule of unit entitlements of a new schedule of unit entitlements;

(d) the application of insurance money received by the strata company in respect of damage to or destruction of the scheme building;

(e) the payment of money to or by the strata company, the owner of a lot or, for a leasehold scheme, the owner of the leasehold scheme;

(f) the amendment of the strata plan, in such manner as the Tribunal thinks fit, so as to include any addition to the common property;

(g) the payment to a mortgagee of a lot of money received by the strata company from an insurer of the scheme building;

(h) any matter in respect of which it is, in the opinion of the Tribunal, just and equitable in the circumstances of the case to make provision in the order;

(i) the imposition of such terms and conditions as the Tribunal thinks fit.

(4) The Tribunal may amend an order made under this section.

(5) An order made under this section takes effect as follows —

(a) except as provided in paragraph (b), on the day specified in the order or the day when the order is lodged for registration with the Registrar of Titles, whichever is the later;

(b) in the case of an order made under this section as applied by section 167, on the day on which the taking referred to in the order takes effect.

Subject to any necessary modifications, section 166 applies and the Tribunal has jurisdiction accordingly in any case of the taking of part of the land in a parcel in a registered strata plan in the manner and to the extent that section 166 applies and the Tribunal has jurisdiction in the case of damage to or destruction of a scheme building.

(1A) An application for an order under this section for a survey-strata scheme can be made by any of the following —

(a) the strata company;

(b) the owner of a lot in the scheme;

(c) a registered mortgagee of a lot in the scheme;

(d) for a leasehold scheme, the owner of the leasehold scheme.

(1) If part of a parcel subdivided by a survey-strata scheme is taken, the Tribunal may make an order for or with respect to the variation of the existing scheme or the substitution for the existing scheme of a new scheme.

(2) Without limiting subsection (1), an order made under that subsection may include directions for any 1 or more of the following matters —

(a) the substitution for the existing schedule of unit entitlements of a new schedule of unit entitlements; and

(b) the payment of money to or by the strata company or the owner of a lot or, in the case of a leasehold scheme, the owner of the leasehold scheme; and

(c) the amendment of the survey-strata plan, in such manner as the Tribunal thinks fit, so as to include any addition to the common property; and

(d) any matter in respect of which it is, in the opinion of the Tribunal, just and equitable in the circumstances of the case to make provision in the order; and

(e) the imposition of such terms and conditions as the Tribunal thinks fit.

(3) The Tribunal may amend an order made under this section.

(1) If part of a parcel subdivided by a strata titles scheme is taken, the acquiring authority must, as soon as is practicable after the taking takes effect, cause to be prepared and lodged with the Registrar of Titles a plan that complies with requirements specified in the regulations (the redefining plan).

(2) On registration of the redefining plan —

(a) the redefining plan is taken to be part of the scheme plan as previously registered; and

(b) the Registrar of Titles must amend the registered scheme plan in the manner specified in the regulations.

(4) In subsection (1) —

acquiring authority, in relation to the taking of land, means —

(a) the Minister who makes the taking order in relation to the land under section 177 of the Land Administration Act 1997; or

(b) if the land is taken for the purposes of a local government, the local government.

(1) The Tribunal may, in proceedings on an application for an order under section 166, 167 or 168, make either or both of the following orders —

(a) an order that public notice, by advertisement or otherwise, be given of the proceedings;

(b) an order that service of notice of the application upon any person be dispensed with.

(2) Except as authorised by the rules of the Tribunal, the Tribunal must not make an order referred to in subsection (1)(b) in respect of a person unless the Tribunal is satisfied that —

(a) that person cannot be found in Western Australia; or

(b) it is uncertain whether that person is living; or

(c) service cannot be effected on that person without expense disproportional to the value, if any, of the person’s interest.