Publication: Body Corporate Business

  • Body Corporate Update | October 2020

    2 October 2020

    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 Corporate Repair Schemes – The Body Corporate’s Past Conduct in Focus

    19 August 2020

    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 ...

  • 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 ...