- This topic has 2 replies, 2 voices, and was last updated 10 years, 9 months ago by .
-
Topic
-
Hello
I know someone with this scenario.
They are in a block of 20 units with different sizes of units. One of the owners is an original owner. That is, that original owner was one of the people who registered the Strata Plan with his signature visible on the plan. This owner has about 51% of the total unit entitlements. The Strata Plan was registered in 1984 in NSW.
According to the Strata Schemes Management Act 1996 Schedule 2 Section 18 (3), during a poll counting, if the original owner’s holding is over 50%, then his unit entitlement count is divided by 3.
The question I have is weather this is correct, currently, since the act (1996) is after the registration date? That is, is the current act retrospective in this regard, or did the previous act, current during the registration have the same clauses?
Thanks
-
Replies
-
Fred – the Clause to which you refer relates only to voting by the Developer/s or whoever it was that owned the entire property immediately prior to its registration as a Strata Titled Scheme.
If that’s the person that your post refers to, then clause 18 (3) applies as does the SCMA to all Strata Plans then registered (in 1996).
- You must be logged in to reply to this topic.