I refer you to my previous post HERE. It outlines (roughly) the process that must be followed legally for a collective sale to go through where there isn’t unanimity among owners. Failure to follow every step would undermine the collective sale by a majority (not all owners) as the final sale has to be approved by the Land and Environment Court.
Have a look at this document, then get legal advice from an experienced strata lawyer. And don’t forget that if you object to the sale, the owners corporation has to pay your legal fees.
Finally, take a look at this section of the Strata Schemes Development Act and ask your neighbours and strata manager why they and the developer are not following ithe procedures laid out here. Is it because they want to work around the protections offered to you and your fellow owners by the law.
Any of your neighbours who have accepted an option pre-payment should be aware that if the sale doesn’t go through, they will have to pay the money back. In other words, they will have to pay for your objections, then could end up with nothing if proper procedure has not been followed.
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.
- This reply was modified 11 months, 2 weeks ago by .