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Publication: Body Corporate Business

  • Access for Repairs and Maintenance

    4 June 2020

    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 ...

  • Body Corporate Business Update April 2020

    7 April 2020

    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 ...

  • Allocation of Gardening Costs

    26 February 2020

    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 ...

  • Doing Things by the Book

    10 July 2019

    Non-compliance with the procedural requirements of the Unit Titles Act 2010 can lead bodies corporate into strife. The Tenancy Tribunal decision, Martin v Body Corporate 71725 [2019] NZTT Christchurch 9010441, provides a useful reminder of the importance of doing things by the book.In Martin v Body Corporate 71725, a number of unit owners applied for orders relating to Body Corporate 71725’s (Body Corporate) failure to comply with the Unit Titles Act 2010 and Unit Titles Regulations 2011. The primary issues ...

  • Whose Roof?

    5 June 2019

    The question of liability for repairs and maintenance in a unit title development is a pressing matter for all bodies corporate and unit owners. Each wants (and needs) to know who is responsible for repairing and maintaining what – who has to pay for it and in what shares.Recent case law has emphasised the importance of collective responsibility and body corporate responsibility for weathertightness and building-wide systems (Body Corporate S73368 v Otway [2018] NZCA 612 and Body Corporate 199380 v ...

  • Planning and Unit Titles: Intensification in Auckland

    20 March 2019

    There is a close relationship between planning or resource management and unit titles law. The overlap between the two areas of law is, however, limited, and this may affect intensification in Auckland.In New Zealand, district plans made under the Resource Management Act 1991 define where and how unit title developments should be constructed. Unit titles law deals with matters of ownership and relationships between owners in completed developments.The primary planning framework for Auckland is the Auckland Unitary Plan: Operative in ...