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[Morris 840]

In our Complex we have a owner wishing to purchase part of common property so he can add a second bathroom to his apartment . The common Property forms part of a pump area .

Never have come across a request like this . Any coments or information would be appreciated.

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[kiwipaul]

@considerate band fair said:
Hi All, what if.. alterations where already made to CP without consent and the property is sold.

Cheers CBF
 

The sale of the property would not afect the fact that the seizure of the CP was illegal but now the onus for the cost of restoreing the CP passes to the OC instead of the offending owner who made the change).

To restore the CP to it’s origional state just requires a ordinary motion to be passed by the OC or EC (but OC pays).

If the new owner wants to resolve the situation by being granted Exclusive Use of the area he would need to get a bylaw passed granting him EU (75% in favour) and to pay an ammount to compensate the OC for looseing that CP.

My belief is the amount should be the market value of the land involved

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[Cappy]

I have caused much upset in my OC in my effort to establish if sale of common property requires a 75% special resolution UE vote OR a unanimous vote at our imminent EGM. The opinions expressed regarding the issue in this Forum have been varied.

To update you all – our Strata Lawyer has advised this weekend that a 75% and NOT a unanimous vote is required and the matter is subsequently closed.

No-one seems able to refer to any specific reference in the SMA to support either option.

Thanks everyone for your previous assistance. 

 

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[mini]

@Cappy said:
Our SM has advised that only 75% need to agree to a Special Resolution to sell common property.

Your strata manager is correct.

@Cappy said:
No-one seems able to refer to any specific reference in the SMA to support either option

That is because the Strata Schemes Management Act 1996, as the name suggests, primarily deals with the “management” of the common property.

 

Your answer lies in section 25 of the Strata Schemes (Freehold Development) Act 1973, the relevant portion of which states:

“(1) A body corporate may, pursuant to a special resolution, execute a transfer or lease of common property other than common property the subject of a lease accepted or acquired by the body corporate under section 19 (2).”

 

Hope this ends the little dilemma that you seem to be facing.

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