In a recent case about the sale of a strata plan, the Applicant sought an order that a strata renewal plan be given under the Strata Schemes Development Act 2015 (SSD Act) for the sale of a serviced apartment complex. Under this scheme, a whole of strata sale may be affected where there is not unanimous support by all lot owners in a strata plan for such a sale. The Applicant was the owner of the relevant corporation for the services apartment complex and they sought a collective sale of the relevant lots. Despite not having unanimous support for the sale, none of the non-consenting owners or their mortgagees sought to appear in the proceedings to object to the order, as they were entitled to under provisions of the SSD Act.
The Court found that the relevant steps that had been taken to prepare the strata renewal plan and obtain required support were carried out in accordance with the Act, which was demonstrated by thorough evidence and submissions of the Applicant’s satisfaction of the prescriptive requirements of the SSD Act.
Additionally, there was no pre-existing relationship between the lot owners and purchaser and even if there had been, any relationship between the lot owners and purchasers had not prevented the plan being prepared in good faith. As such, the application was granted.