http://www.straitstimes.com/breaking...first-20131114

For properties to be sold en bloc, the consent of at least 80 per cent of the owners must be obtained before a sale tender can be called.

To call for a tender first would be a breach of the process implied in the law, the Court of Appeal has ruled.

It made this clear in grounds issued yesterday on its refusal in August to approve the en bloc sale of the $33 million Harbour View Gardens in Pasir Panjang Road.

In interpreting the issue for the first time, the court said although the relevant section of the Land Titles (Strata) Act "does not explicitly state that the 80 per cent must be reached before a public tender is launched, it is, in our view, implicit in the opening words of the (same section) that the requisite threshold should be met".

BACKGROUND STORY

NO SHORT CUTS ALLOWED

The court would expect nothing less than strict compliance with the standards of accountability, fairness, openness and propriety consistent with the letter and spirit of the Land Titles (Strata) Act scheme, by the sales committee and its agents... In the present case we found that the process was tainted by elements of non-disclosure and lack of even-handedness on the part of the collective sales committee.

- Judge of Appeal V.K. Rajah



Harbour View Gardens was to have been sold to RH West Coast last year for $33 million. For properties to be sold en bloc, the consent of at least 80 per cent of the owners must be obtained before a sale tender can be called. -- PHOTO: COLLIERS INTERNATIONAL