Publication: Body Corporate Business

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 ...

As allotments get smaller and buildings get bigger, it is inevitable the space required to maintain a building is not always available on the same property as the building.Common solutions include temporary licences to occupy agreed between neighbours. But, when agreement cannot be reached, as in Body Corporate 328392 v Northern Trustee Services (No. 145) Limited [2020] NZHC 235, the courts can step in to provide a solution.In that case, Body Corporate 328392 (Body Corporate) applied for orders under sections ...

COVID-19 LockdownAt the time of writing, New Zealand has been Alert Level 4 for roughly 2 weeks. Time will tell whether the Government’s measures have been effective or not. In the meantime, however, we have all had to rapidly adjust to a new way of living and working, with changes in employment, working from home, school closures, and social distancing.During this time, some bodies corporate have had postal vote-only meetings, or relied on their committees to meet remotely to keep ...

Landscaping around a building can make a significant difference to the on-site amenity and to the property’s street appeal for prospective purchasers. Depending on the layout of a unit title development, gardens and lawns may be located on common property, or form part of an owner’s principal or accessory unit, or a combination of both. Issues, however, can arise when the standard of gardening is not uniform across a development, or when the costs of gardening are not properly apportioned.In ...