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  • #8036 Reply | Quote
    Ian

      Our EC is meeting tomorrow night to discuss a proposal to split our Strata. Our SP was developed in two phases, the first phase was all sold, the second was retained by the developer, who now wants to split the strata to separate the developer's properties from the rest. Is there anything in the Strata Management Act that would allow this? If so what are the most important issues to be considered, and how would the change be implemented?

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      Jimmy-T
      Keymaster

        You’ve left it a bit late for a comprehensive answer to a very comp0licated question. There are all sorts of things to consider such as how many votes does the developer currently have (if he still owns more than 50 percent of the properties his voting power is reduced to one-third).

        I reckon your EC needs need to pay for a strata lawyer to sit in on the meeting and advise of the legalities, preferably at the developers expense (but not their choice of lawyer).

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
        #15209 Reply
        Ian

          Sorry for the last minute rush. The developer has 200 units of a total 300 in the complex, so its vote is reduced. The EC meeting tomorrow is to discuss seeking a lawyer's advice, according to the agenda. However before then I thought it still important to know whether it is even possible under the Act?

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        Reply To: Splitting of Strata
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