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I currently live in an appartment building which has lovely grounds and gardens. A new owner to the block (who does not live in his appartment) wants to turn the lawn area into additional parking which he wants to buy and add to his unit entitlements. When he bought the appartment he knew it only had 1 garage but he has 3 cars. He said he will not move in until he gets his way. Many owners enjoy the land and the lovely view it offers.. Could you please advise on this issue.
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You can’t force someone to sell you something (unless you are the Government)
If you and the other owners enjoy the land and the lovely view, which you are entitled to do as it belongs to all of you, then that is great. You are under no obligation to agree to sell common property to someone, or grant them exclusive use (refer below).
If the new owner wanted to buy the common property this would require a 100% resolution in favour by the owners.
If the new owner wanted exclusive use then that would require a special resolution of the owners, i.e. 75%.
This doesn’t include all the other legalese/paperwork etc. that would need to be done.
So if the new owner says they won’t move in until they get a slice of the common property, that’s fine!
@scotlandx said:
.. if the new owner says they won’t move in until they get a slice of the common property, that’s fine!Yes, sounds like a win-win. You keep the common property and the strata scheme is minus one idiot.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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