by Debra Dorrington | Oct 5, 2017 | Blog, Building, Commercial property, Fresh Business Thinking, General property Law, Sale and Purchase, Subdivisions, Unit Titles
What’s not to love about modern user-friendly legislation? Nearly a year ago the need to set up Incorporated Societies in order to manage communal facilities on a property development, became a thing of the past. Incorporated Societies have their place but they...
by Denise Marsden | Mar 22, 2017 | General property Law, Unit Titles
Just before Christmas MBIE announced a review of the Unit Titles Act 2010 and published a discussion document. Submissions on the proposals were due 5pm Friday, 3 March 2017. Many submissions have been made, including one from us that looks at the changes...
by Rachael Stevenson | May 31, 2016 | Unit Titles
The meaning of a requirement in the Unit Title Regulations to give “at least 1 weeks’ notice” to owners of an extraordinary general meeting (EGM) has been determined by the High Court in a decision on 29 April 2016. Notice of EGM was given by the York Street...
by AlexanderDorrington | Sep 22, 2015 | General property Law, Leasing, Unit Titles
Body Corporate 401803 (the 103 Tremont apartment complex in St Lukes, Auckland) has recently been to the Court of Appeal. At issue was the validity of guarantees given by the body corporate to third parties under leases of 3 units – the manager’s apartment, the...
by AlexanderDorrington | Sep 22, 2015 | General property Law, Unit Titles
The Quays Body Corporate in Auckland (Body Corporate 198900) was recently before the High Court trying to get a declaration that the awnings erected by various bars that occupied the ground floor units should be removed at the cost of those owners.As the Court noted...
by Denise Marsden | Apr 7, 2015 | Leasing, Unit Titles
Leasing unit titles is more complex than other forms of leasing. The Unit Titles Act 2010 (UTA) and the body corporate operational rules will prevail over the lease. The landlord might only have a very small say in how that plays out. This depends on their individual...