Section 28 shall not apply in relation to a legal mortgage if the creation of the mortgage is approved by a resolution of the commonhold association.
A resolution for the purposes of subsection (1) must be passed—
before the mortgage is created, and
unanimously.
In this section "legal mortgage" has the meaning given by section 205(1)(xvi) of the Law of Property Act 1925 (c. 20) (interpretation).