Flat Chat Strata Forum Parking Peeves Current Page

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  • #11433
    Mailbox
    Flatchatter

      I own a commercial strata in a very old building, in Sydney, that is ripe for demolition/redevelopment. Over 75% of lot owners support a redevelopment of the site, however an owner, with 20% of the allocated strata lots is resisting redevelopment,claiming that their 20 year lease (to an associated entity) takes precedence over the express wishes of the majority decision (80%) of other lot owners.

      Is there a legal precedent? How does the new strata legislation handle this  situation?

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    • #28890
      SaltyOne
      Flatchatter

        I can’t imagine what argument that owner could be relying on.   If the premises subject to lease are no longer available, due to events beyond the control of the lessor, then the lease terminates.   There should be provisions in that lease for how that happens, but that’s between the owner and his tenant.  It’s no different than if the property was resumed, or any number of other circumstances where the property is no longer available.  Commercial or non-commercial makes no difference.

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