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ARTICLE · 31 MARCH 2017

Collective Strata Sales: Fact v Fiction

Dentons
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The new NSW strata legislation commenced late in 2016 with the showstopper reform that owners in a strata scheme can now take part in a collective sale of the whole scheme on a 75% and above vote.

AustraliaReal Estate and Construction
Sally Tuckfield
Sally Tuckfield
Chris Fabiansson
Chris Fabiansson
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The new NSW strata legislation commenced late in 2016 with the showstopper reform that owners in a strata scheme can now take part in a collective sale of the whole scheme on a 75% and above vote.

The ability for a group of owners to force the sale of a neighbour's property against their will is one of the most dramatic changes in Australian law.

On one view, the legislation gives private citizens a power previously only the Government could exercise (compulsory acquisition).

On another view, the legislation provides owners the protection that when their strata building comes to the end of its useful life and is onerous to continue to maintain, they will not be prevented from reaching a sensible decision to sell or redevelop by a single owner or small group of owners.

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