Flat Chat Strata Forum Common Property Current Page

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  • #74976
    The Hood
    Flatchatter

      Here is a curly one for the strata boffins.

      The Biodiversity Conservation Trust (BCT) offer money to landholders who enter into in perpetuity agreements under the Biodiversity Conservation Act that sees a covenant placed on the title of land, among other things restricting its use.
      In a strata plan with land, lots of land, as common property section 34 of the Development Act allows by special resolution the OC to accept a positive covenant. The same section also allows the OC to release itself from such an instrument.

      Here is the dilemma.
      The in perpetuity agreement under the BC Act can not be easily lifted. It seems that under the BC Act it needs the Minister of the day to approve any release. So the agreements are somewhat “forever”. It goes with the title and all future owners are bound by it.

      To enter into the in perpetuity agreement requires all of the land owners consent and that raises the question of what is required for a SP to enter into such an agreement f or the common property land .

      As the commons land is held by the OC as agent for the owners who are considered equitable tenants in common would entertaining an in perpetuity agreement require every owner in a SP to agree to it?
      I am not talking about a unanimous decision under the SSM Act or the SR decision of s 34 of the Development Act. I am talking every single owner being required to be onboard.

      Can a vote by some owners lock- up common property “forever”?

      P.S. I do appreciate things like exclusive use and special privilege by laws sail close to the same thing but I see this as a whole different level.

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    • #74990
      Sir Humphrey
      Strataguru

        My guess, and that is all it is, would be that a unanimous resolution of a well publicised general meeting for which much more than the minimum notice and reminders and full and clear background information had been given would be sufficient to put it beyond challenge.

        Perhaps you could get away with a special resolution but I would not be confident that that would survive a challenge and not being unanimous would demonstrate that there was opposition.

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