Monday, July 21, 2008

Horizon Towers en bloc: Right call was made

More factors to consider than just higher bid price

I REFER to “Time to relook en bloc rules?” (Weekend Today, July 19-20).

On the contrary to what the letter-writer said, there are already enough en bloc rules. Without being privy to certain information, it is incorrect to infer that the Horizon Towers deal was done in bad faith and the proprietary owners did not get the highest price and were “shortchanged” as a result.

In fact, the Judge ruled that the Strata Title Board found the sales committee had made a judgment call to proceed with the offer, and the objectors did not prove the committee had acted in bad faith.

The pertinent question is whether the committee had made the right judgment call.

It was reported that a higher offer was made from a Hong Kong developer, Vineyard Holdings. But who is this developer? Does it have the financial means to complete the deal? The objectors were unable to shed any light.

Whether there was a genuine offer on the table, the objectors were also not able to tell.

The additional $10 million is not exactly compelling when apportioned over 210 condo units. It is also not an amount so huge that Horizon Partners could not counter with a higher offer.

Since Horizon Partners’ offer met the reserve price, it is logical and makes good business sense to secure a sure deal with an established buyer. On that basis, the committee made the right judgment call to seal the deal.

It is noted that the unhappiness and manoeuvre came about when it was learned that a neighbouring development was sold for more than double the price.

Our laws should not be changed just because certain factions failed to get their ways.


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