Strata law changes will force owners out: NSW Opposition

Strata law changes will force owners out: NSW Opposition

Posted on Thursday, November 22 2012 at 3:58 PM

Apartment owners in New South Wales could be forced to sell up and move on if the majority of other owners in the strata scheme want to.

That’s the warning from NSW Shadow Minister
for Fair Trading Tania Mihailuk, who describes the government’s proposed
changes to strata legislation as “radical”.

At present, strata schemes can only be
terminated with the consent of all owners. The proposed reforms could see that
requirement changed to a 75 per cent agreement.

“Developers who want to buy an entire
building would only need the agreement of (the majority) of owners, but
everyone else would be forced to sell,” Mihailuk says. “You could lose your
home without having any say in the matter.”

Public response to the discussion paper
closes today and about 1000 submissions have been received already.

Fair Trading Commissioner Rod Stowe insists
feedback received by the strata community will play a role in “informing the
issues covered”.

The government will listen to concerns
raised and ensure the issues affecting strata owners were addressed by the
review, Stowe says.

The review covers a number of areas and
submissions so far have made recommendations covering governance, anti-social
behaviour, dispute resolution and the more effective enforcement of bylaws.

But it’s the dissolution changes that have
Mihailuk worried. If introduced, there could be wider consequences for
owner-occupiers and investors who buy into strata schemes, she warns.

“Why would anybody want to live in a strata
scheme if it means they could potentially lose their home?”

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