The Unit Titles Act 2010 (UTA) provides for deposited unit plans to be amended or replaced by way of a redevelopment. This process enables bodies corporate to update, adapt, and address changes to the building(s) and other structures in the unit title development over time.There are two types of redevelopment. The first, covered by sections 65 -67 of the UTA, is where the unit plan is amended. The second, covered by sections 68 and 69-of the UTA, is where the ...
Unit Titles Act AmendmentsThe Unit Titles Act 2010 (UTA) and associated regulations will be amended to address some known issues and deficiencies.The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (Amendment Act) was enacted on 9 May 2022. The Amendment Act is not in force yet, but a commencement date will be set separately by regulations. Or, if no date is set, the Amendment Act will commence on 9 May 2024.Key changes of interest to all ...
Body corporate meetings (and body corporate committee meetings) may be held in person or by audio link or by audio visual link.The legal basis for holding meetings remotely is found in section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020, which amended section 88 of the Unit Titles Act 2010 (Act). Notwithstanding any body corporate operational rule or provision in the Act or the Unit Titles Regulations 2011 to the contrary, section 88 of the Unit Titles ...
Judith Collins, on 2 July 2020, introduced the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill (Bill) into Parliament. The Bill is intended to improve the disclosure regime for prospective purchasers of units, to strengthen governance arrangements, to increase professionalism and standards for body corporate managers, and to ensure planning and funding for long-term maintenance.The Bill proposes changes to the Unit Titles Act 2010, the Unit Titles Regulations 2011, and the Unit Titles (Unit Titles Disputes – ...
Body Corporates have received a timely reminder about the complexities of imposing repair schemes in the recent case of Body Corporate 78693 v Gibson Sheat Shelf Company No.28 Limited [2020] NZHC 825. This case highlights the difficulties of achieving a balance between unit owners for repair methods and cost apportionment; especially where there is a complex unit title development involved.Reinstatement schemes under section 74 of the Unit Titles Act 2010 (UTA) are commonly used where a unit title development requires repair following ...
Operational rules are intended to help bodies corporate manage their unit title developments. The helpfulness of operational rules is, however, measured against the ability of a body corporate to enforce those rules against owners and occupiers.Under the Unit Titles Act 2010 (UTA), every body corporate must have operational rules at all times (section 105(1)). These operational rules may be the default statutory rules, or rules adopted by the developer or body corporate and registered with Land Information New Zealand.The default ...
