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Topic
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I live in a strata title retirement village, and our managing agent would like the owners to sell an area of common property, the only “green” area in the village, to a company to build & operate an Aged Care facility ( formerly called Nursing Home).
Some residents are opposed to the sale, for various reasons, including loss of some parking area.
There will be a Special Meeting with voting. For the sale to go ahead, what percentage of the owners must vote for the sale. Is it 75%, as is usual for resolutions in strata, or is it in fact 100%, because it is real estate property? Has the law changed yet?
Thank You
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Replies
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In NSW the sale of Common Property requires a unanimous resolution (100% in favour) by all Owners in attendance at a General Meeting, both in person and by proxy and including any that may be un-financial from a Strata perspective at the time of the vote.
A few additional points that may assist in your circumstances:
1) All Owners must be provided with the Meeting Agenda including all Motions under consideration and relevant supporting information at least 14 days in advance.
2) Any proxies held by the Strata Manager, Village Operator, or the Proponent cannot be exercised if any of them would receive a “material benefit” from the use of those votes.
3) I’m almost certain that under the provisions of the NSW Retirement Villages Act the Proponent is at their cost required to provide any Owner who requests it with access to independent legal advice in order to ensure that they’re fully aware of the Motion and of its implications (if any).
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