Topic: Counting of unit entitlemets for original owner during poll

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22/12/2013 at 10:34 am #9276 Reply | Quote
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Flatchatter
Hello

I know someone with this scenario.

They are in a block of 20 units with different sizes of units. One of the owners is an original owner. That is, that original owner was one of the people who registered the Strata Plan with his signature visible on the plan. This owner has about 51% of the total unit entitlements. The Strata Plan was registered in 1984 in NSW.

According to the Strata Schemes Management Act 1996 Schedule 2 Section 18 (3), during a poll counting, if the original owner’s holding is over 50%, then his unit entitlement count is divided by 3.

The question I have is weather this is correct, currently, since the act (1996) is after the registration date? That is, is the current act retrospective in this regard, or did the previous act, current during the registration have the same clauses?

Thanks
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24/12/2013 at 12:53 pm #20492 Reply
Whale
Flatchatter
Fred – the Clause to which you refer relates only to voting by the Developer/s or whoever it was that owned the entire property immediately prior to its registration as a Strata Titled Scheme.

If that’s the person that your post refers to, then clause 18 (3) applies as does the SCMA to all Strata Plans then registered (in 1996).

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24/12/2013 at 6:20 pm #20493 Reply
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Flatchatter
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Thank you whale.

Yes, this person owned and developed the block with a partner prior to registration in 1963. 21 years later these partners strata registered the block in 1984 with one owner having 51% unit entitlements. So, I take from your response that clause 18 (3) applies.

Thank you again

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Reply To: Counting of unit entitlemets for original owner during poll

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.