#20238

@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.