By-laws under the Strata Titles Act 1985 (WA) that provide for the conversion of a lot to common property and its transfer out of a strata scheme are valid where they are consistent with, and intended to reflect, the statutory processes in ss 10 and 19 of the Act, rather than seeking to create an alternative mechanism. Resolutions without dissent are acts of the strata company itself and do not cease to be effective when the composition of proprietors changes. Section 83(4) of the Act does not prevent the SAT from enforcing duties that have been enlivened by a resolution without dissent where there is no dispute about the fact of the resolution.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.