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Publication: Body Corporate Business

  • 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 ...

  • 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 ...