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Category: Unit Titles

  • Body Corporate Business Update June 2018

    7 June 2018

    RESIDENTIAL TENANTS AND BODY CORPORATE OPERATIONAL RULESUnder section 105(4)(c) of the Unit Titles Act 2010 (UTA), body corporate operational rules are binding on any person who occupies a principal unit. But, where a unit occupier is a residential tenant under the Residential Tenancies Act 1987 (RTA), the RTA affects the enforceability of the operational rules against the residential tenant.A recent decision of the Tenancy Tribunal highlights the need for unit owners to take care when establishing a tenancy to ensure ...

  • Body Corporate Business Update May 2018

    3 May 2018

    APPOINTMENT OF AN ADMINISTRATORGot a dysfunctional body corporate? Do you need an administrator?An administrator is an independent third party appointed by the High Court under section 141 of the Unit Titles Act 2010 (UTA) to assume the powers and duties of the body corporate (and the body corporate committee).An application for the appointment of an administrator may be made by the body corporate, any person having a registered interest in a unit (i.e. a mortgagee as well as a unit ...

  • Leases and Licences over Common Property

    5 March 2018

    A body corporate can lease or licence all or part(s) of the common property to an owner, occupier, or third party for their personal use under section 56 of the Unit Titles Act 2010 (“UTA”). The lease or licence of common property may be granted for any number of purposes, the most common being car parking, storage, signage, or outdoor seating.The legal process for granting a lease or licence over the common property is set out in section 56 of ...

  • Body Corporate Business Update March 2018

    1 March 2018

    DEVELOPER LIABILITYTwo concurrent High Court decisions (issued within a week of each other) confirm the legal position first espoused by the Court of Appeal in 1979 in Mount Albert Borough Council v Johnson [1979] NZLR 234 that a developer owes a duty of care to future purchasers of residential homes.A developer of residential homes including apartments cannot palm off or contract out of its duty of care to future owners by engaging contractors (or subcontractors) to carry out the actual ...

  • Body Corporate Business Update February 2018

    1 February 2018

    COMMITTEE DECISION-MAKING?There is very little detail on how body corporate committees are to conduct meetings, make decisions, exercise delegated powers, and perform delegated duties in either the Unit Titles Act 2010 or the Unit Titles Regulations 2011. Committee decision-making is simply described in s 113 of the UTA as requiring a simple majority of votes. Regulation 27 of the UTR provides limited guidance on how a committee is to conduct its business. A recent decision in the long-running litigation relating to ...

  • Body Corporate Business Update December 2017

    7 December 2017

    NEED A SCHEME?Leaky building? Significant repairs? Large-scale maintenance project?A body corporate facing significant building works to repair building defects and associated damage, or replace building components at the end of their useful life may be able to rely on the default statutory provisions of the Unit Titles Act 2010 (“UTA”) to complete the work. Alternatively, it may be either necessary or desirable to turn to section 74 of the UTA and establish a reinstatement scheme.While the default statutory provisions may ...