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Publication: Body Corporate Business

  • 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 ...

  • Body Corporate Business Update August 2017

    3 August 2017

    Earthquake-prone Buildings – Legal UpdateThe Building (Earthquake-Prone Buildings) Amendment Act 2016 (“EPB Act”) came into force on 1 July 2017. It amends the Building Act 2004 by introducing a new nation-wide regime for identifying and managing earthquake-prone buildings (new Subpart 6A). The legislative update comes in the wake of Christchurch, Sneddon and Kaikoura earthquakes. The changes replace the previous regime, which had been in place since 2006.The Building (Earthquake-Prone Buildings) Amendment Act 2016 attempts to balance the protection of people ...

  • Body Corporate Business Update July 2017

    6 July 2017

    Unit Titles DisputesThe Tenancy Tribunal and Courts have jurisdiction to hear and determine “unit title disputes”.Unit title disputes are all disputes arising out of or in connection with a unit title development. The types of person who may be party to a unit title dispute is a wide-ranging. The list in section 171(2) of the Unit Titles Act 2010 includes: current, former and prospective principal unit owners, occupiers of principal units, owners and occupiers of future development units, the body ...

  • Body Corporate Business Update June 2017

    1 June 2017

    Changes to the act and regulationThe Unit Titles Act 2010 (the “Act”) has been amended by Part 2 of the Regulatory Systems (Building and Housing) Amendment Act 2017. The changes, which are largely technical in nature, came into force on 30 May 2017.The majority of the changes are minor and relate to:grammar and style – through punctuation changes, simplified phrasing, and paragraph structures defined terms – through wording changes and new terminology inconsistencies – through being addressed More substantive changes relate to:calling extraordinary ...

  • Body Corporate Business Update May 2017

    1 May 2017

    One-off expense? Which fund?It is not uncommon for bodies corporate to be faced with needing to meet unexpected or unbudgeted expenses such as funding repairs and maintenance that do not fall within either the annual budget (operating account) or the long-term maintenance plan and fund. The Unit Titles Act 2010 does not, however, provide an express mechanism for dealing with these costs.The Act makes provision for bodies corporate to raise levies from time to time (section 121). The Act also ...