Topic: Does 75% rule apply to forcing sale of a single unit

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27/08/2020 at 2:49 pm #51698 Reply | Quote
CalmDown
Flatchatter
Does 75% rule apply to forcing sale of a single unit in a block?

I would prefer not provide the background behind why I am asking, Hope the community can help.

I’ve heard (very dangerous words I know) that a strata community can force the sale of an individual unit in a block, if over 75% of owners agree. For clarity, we are trying to understand if we can make an individual sell and or retain ownership and move out of their unit. I know this sounds extreme because it is

Thanks!
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27/08/2020 at 2:58 pm #51706 Reply
scotlandx
Flatchatter
If you mean can the owners in a scheme force the sale of an individual unit by a special resolution – the answer is no.

The provisions relating to special resolutions approving the collective sale of a scheme apply to a scheme as a whole – that is, all of the lots and the common property. Note that for a scheme registered before November 2016, the owners first have to opt in to that framework by a vote of 50% or more.

Essentially the owners in a scheme can’t force an owner to sell their apartment, whether by special resolution or otherwise. That would be a fundamental erosion of property rights.

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Reply To: Does 75% rule apply to forcing sale of a single unit

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.