Part 14 published on 01/05/06
Sale of Strata Lot properly authorized
The owner appealed the lower Court decision ordering the sale of the owner’s Strata lot. The owner asserted that the special levy was not approved by a proper vote and also asserted that a further vote was required to authorize the registration of the lien and the application for the sale of the Strata lot.
The Court of Appeal dismissed the appeal. The court said that the vote authorizing the special levy was properly held and also stated that “once the owners had passed, by ¾ majority of those present, the resolution to impose the levy on all Strata lot owners, it was not necessary for another vote to be taken” to authorize registration of the lien or the filing of a petition in Supreme Court pursuant to Section 177(1) of the Strata Property Act (for a sale of the Strata lot).