Unit entitlements In the past all body corporate levies have been assessed on unit entitlements. Because unit entitlements are based on value, historically different owners using the same facilities could be required to contribute to costs to differing extents. This system was criticised as being unfair and imposing an irrelevant assessment model on costs. In…
DetailsWhat is happening in Christchurch is impacting on the New Zealand property industry in all sorts of ways. One of these is the debate regarding contractual obligations between the parties. Most leases inadequately deal with the situation in Christchurch. Whilst they may deal with partial destruction and total destruction they do not adequately cover many…
DetailsWhat is CZR? From 1 April 2011 it became compulsory for certain land transactions to be compulsory zero rated (CZR). This means that GST will be charged at the zero percent. The regime will apply to almost all transactions involving land that are made between GST registered parties. There are some limited exclusions. It is…
DetailsUnit Titles Act 2010 Developers and Disclosure The impact of the Unit Titles Act 2010 on developers Disclosure requirements in general are introduced in a previous blog. What follows is an analysis of the specific implications for developers and the additional “turnover disclosure” that is relevant when a development is completed. Pre-contract Disclosure Pre-contract disclosure…
DetailsHere is a recent newspaper article discussing layered developments under the Unit Titles Act. Debra Dorrington (If you would like to hear when our next webinar on The Unit Titles Act 2010 will be, go to www.alexanderdorrington.co.nz/webinars)
DetailsWe have written previously about body corporate rules considered ultra vires by the Courts. Contracts entered into beyond the powers conferred by the body corporate rules will be void and unenforceable. On 21 February 2011 the High Court gave its judgement as to whether or not the body corporate secretarial services contract and management contract…
DetailsReal estate agents have commonly had their own form of tender conditions. The tender conditions were generally similar and most included terms of sale very close to the ADLS/REINZ form of agreement for sale and purchase. A new standard tender form is welcome. In a tender there are two contracts. The first contract is the tender process…
DetailsThe start date for the new Unit Titles Act draws ever closer but remains unknown. We are still waiting on regulations that are needed to make the Act workable. The NZ Law Society was recently involved in discussions with the Department of Building and Housing regarding just what the regulations will say. Those discussions are confidential but there…
DetailsWe have written previously about body corporate rules considered ultra vires by the Courts. Contracts entered into beyond the powers conferred by the body corporate rules will be void and unenforceable. On 21 February 2011 the High Court gave its judgement as to whether or not the body corporate secretarial services contract and management contract…
DetailsA recent enquiry about a landlord unreasonably withholding consent raised some interesting issues. The query related to a proposed change of use under a lease. A change of use can be prohibited in lease. However, if it is allowed with the consent of the landlord, the landlord must be reasonable in determining whether or not to give…
DetailsImagine how difficult it is for lawyers to limit their comments to 140 characters. We face a dilemma having to leave some ambiguity in our message. Reducing beautifully formed, grammatically correct language to a small group of symbols and abbreviations goes against the grain. It’s hard for us. Perhaps that is why as a group, we…
DetailsPossession Before Settlement Sometimes on the sale of a residential property, the purchaser wants possession even though settlement is not going to take place when expected. That can occur for a number of reasons: The vendor is not ready. The purchaser cannot settle yet. For some reason the parties agree to extend the settlement…
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