GE Image Gallery 133

Category: Property & Real Estate

  • Land Transfer Act 2017

    5 December 2018

    The Land Transfer Act 2017 came into force on 12 November 2018. It repeals and replaces the Land Transfer Act 1952. The 2017 Act updates and modernises the earlier legislation.The key changes for bodies corporate and unit owners are:New terminology, “record of title” replaces certificate of title and computer unit title register unique identifier, “burdened land” and “benefitting land” replace servient tenement and dominant tenement respectively. This may affect some statutory forms in the Unit Titles Regulations 2017; and Amended identification ...

  • Do you have a Quorum?

    5 December 2018

    Who gets counted when establishing whether a general meeting has a quorum?This question was considered by the High Court in Singh v Body Corporate 207605 [2018] NZHC 2872. The case relates to an application for leave to appeal a decision relating to unpaid body corporate levies (in earlier judgments, Body Corporate 207605 successfully sought to recover unpaid levies from Ms Singh, a unit owner). As part of her application for leave to appeal, Ms Singh argued that one of the ...

  • All for One and One for All?

    1 November 2018

    The allocation of costs for significant repairs to unit title developments can be a very contentious issue. A recent decision of the Court of Appeal in Gu v Body Corporate 211747 [2018] NZCA 396 provides further guidance for bodies corporate and unit owners.The case relates to a mixed use building in Eden Terrace, Auckland. A reinstatement scheme under section 74 of the Unit Titles Act 2010 (UTA) had been settled by the High Court in October 2011 to provide for ...

  • Body Corporate Business Update September 2018

    3 September 2018

    CHANGES TO OVERSEAS INVESTMENT ACTChanges for overseas persons purchasing residential land are imminent.The Overseas Investment Amendment Bill (OIA Bill) passed its final reading in Parliament on 15 August 2018. It is likely to come into force soon: in or around October 2018.The OIA Bill introduces a new category of sensitive land, which overseas persons will require Overseas Investment Office (OIO) consent to purchase. This new category of sensitive land is “residential land”. And, residential land is defined as land that ...

  • Body Corporate Business Update August 2018

    1 August 2018

    FORM MATTERSThe importance of the proper use of statutory forms should not be underestimated. Schedule 2 of the Unit Titles Regulations 2011 sets out 33 statutory forms. These formsare described in regulation 37 as “…prescribed as the forms to be used for the generalmatters to which the forms relate.”In Body Corporate 81026 v Jezma Pty Limited (TT, Appln No. 9006464, 14 May 2018) – a claim relating to unpaid levies – a notice of resolution to be passed without general ...

  • Body Corporate Business Update July 2018

    1 July 2018

    COST RECOVERY FOR REPAIRS AND MAINTENANCEIn the context of repairs and maintenance, the question “who pays” is often the first – and last – issue to be addressed by a body corporate.The Unit Titles Act 2010 (UTA), confers on bodies corporate the power and duty to repair and maintain common property. It also gives bodies corporate the power and duty to repair and maintain an owner’s principal unit where the work is important to the integrity of the development as ...