› Flat Chat Strata Forum › Collective sales – the 75 percent solution › Does 75% rule apply to forcing sale of a single unit › Current Page
27/08/2020 at 2:58 pm
#51706
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.