#55765
Jimmy-T
Keymaster

    I’m afraid I don’t think it’s as simple as that.  Even if you were trying to do this under the laws that allow 75 per cent of owners to vote to renew the building, you would also need the approval of 75 per cent of all owners individually, as in one owner, one vote.

    In any case, I suspect you need to refer to the Strata Schemes Development Act and, specifically, Section 9, Part 3, which refers to going to the Supreme Court to seek orders to change or dissolve the strata scheme.

    Now, if you are going down that road you will need competent and experienced lawyers, and I am neither of those things.

    But let’s look at the problem, rather than possible solutions.  In your scheme, you feel the townhouse owners are paying too much and the apartment owners too little.  You can change this more easily by having an overwhelming vote by owners in both parts of the scheme to ask the Tribunal (NCAT) to approve a redistribution of unit entitlements.

    The maths are obvious – their block costs more to run yet you contribute more to the kitty.  Something seriously wrong there.

    Now, your apartment dwelling neighbours aren’t going to like this but, once you explain that if they refuse, the alternative is that you will go to the Supreme Court and ask it to split the strata, they may see the sense in playing along. Their refusal to play ball would be good evidence that you have tried to do the right thing and been baulked.

    One word of caution, if you do get a redistribution of unit entitlements, you also get a dimished vote at general meetings.  On the other hand, if you try to split the strata, that will cost money in legal and surveyor fees.

    In short, be careful what you wish for.

    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.