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  • #51698
    AvatarCalmDown
    Flatchatter

    Does 75% rule apply to forcing sale of a single unit in a block?

    I would prefer not provide the background behind why I am asking, Hope the community can help.

    I’ve heard (very dangerous words I know) that a strata community can force the sale of an individual unit in a block, if over 75% of owners agree. For clarity, we are trying to understand if we can make an individual sell and or retain ownership and move out of their unit.  I know this sounds extreme because it is

    Thanks!

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  • #51706
    scotlandxscotlandx
    Strataguru

    If you mean can the owners in a scheme force the sale of an individual unit by a special resolution – the answer is no.

    The provisions relating to special resolutions approving the collective sale of a scheme apply to a scheme as a whole – that is, all of the lots and the common property.  Note that for a scheme registered before November 2016, the owners first have to opt in to that framework by a vote of 50% or more.

    Essentially the owners in a scheme can’t force an owner to sell their apartment, whether by special resolution or otherwise. That would be a fundamental erosion of property rights.

     

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