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Publication: Body Corporate Business

  • 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 ...

  • Tim Jones retires from Glaister Ennor

    1 December 2017

    Tim Jones has advised that after 37 years with Glaister Ennor he is to retire from the firm.During his time at Glaister Ennor Tim has built a significant practice of private clients and has become an acknowledged expert in property development. He is regarded as an expert in property law by the legal fraternity and throughout the real estate business world.Tim has been an active member of the Auckland District Law Society and the New Zealand Law Society where he ...

  • Body Corporate Update October 2017

    5 October 2017

    Layered Developments A layered development is the creation of a new unit title development within anexisting unit title development – a little like a Russian Doll. Sections 19-22 of the Unit Titles Act 2010 (“UTA”) provide for the creation of subsidiaryunit title developments that sit within and alongside each other under a head orparent development. Examples of layered developments are set out in diagram formin schedule 1 of the UTA. The UTA has provided for layered developments since it came ...

  • Body Corporate Business Update September 2017

    7 September 2017

    RedevelopmentThe Unit Titles Act 2010 provides for unit owners and the body corporate to amend orreplace the unit plan by carrying out a “redevelopment”. A redevelopment encompassesboundary adjustments between units, boundary adjustments between units and thecommon property, the creation of new units, or the amalgamation of existing units.Sections 65-71 set out the requirements and procedures.A redevelopment can be used in a variety of circumstances to provide for the changingneeds of unit owners and occupiers.To learn more about how and when ...