Transition under the Unit Titles Act 2010

Once the UTA 2010 commences, there are transitional arrangements that apply for 15 months.  This is a short summary of the options, useful for a body corporate secretary/manager. Body corporate rules – a body corporate can either keep its existing Schedule 2/Schedule 3 rules or elect for the rules to be replaced with the operational rules under…

Subdivisions, minimum areas and cancellation of contracts

 The Supreme Court decision in Mana Property Trustee Limited v James Developments Limited gives some useful advice about minimum area clauses which developers/purchasers entering pre-sales contracts should consider.  This case is also useful when considering what to do when there is a breach of an essential term in an agreement for sale and purchase. The Court found for the…

Unit Titles Act 2010

The Department of Building and Housing has published a Unit Titles Amendment Bill consultation document dated 20 November 2012.  They are seeking views on some proposed amendments to the Act and Regulations.  Written submissions are due by 1 February 2013.  The review is only intended to address minor and technical issues with the Act. A…

Tenancy law changes

Big changes here for boarding house owners (and those looking at acquiring boarding houses in the run up the Rugby World Cup).  They will now be subject to the Residential Tenancies Act in a number of scenarios.  For example, boarding house owners will now need to give 28 days notice that a tenancy is being…