by Debra Dorrington | Mar 10, 2015 | General property Law, Leasing, Subdivisions, Unit Titles
In the past, proxies were commonly used in the unit title setting. Developers would provide for them in sale contracts. Property managers would include them in leases of serviced apartments. It gave the developers and the managers the opportunity to control...
by Denise Marsden | Oct 16, 2014 | Unit Titles
Control Period and Turnover Disclosure The Unit Titles Act 2010 (UTA) treats a developer as being in control of a unit title development from the date the unit plan deposits until the date the developer (or its associates) owns or controls less than 75% of the votes...
by Denise Marsden | Oct 16, 2014 | Unit Titles
When a unit title development is created a valuer must assess the ownership interest for each unit, which is essentially the relative market value of that unit compared with all of the other units. It’s possible for the body corporate to also establish a...
by Denise Marsden | Jul 10, 2014 | General property Law, Unit Titles
With the Unit Titles Act 2010 (UTA), bodies corporate were required to implement a long term maintenance plan. By special resolution, a body corporate could opt out of having a long term maintenance fund. Most bodies corporate have plans. Not so...
by Denise Marsden | Mar 3, 2014 | General property Law, Unit Titles
The Court of Appeal looks at how costs for remedial works should be shared at Auckland’s Shangri-La apartments. Wikipedia notes Shangri-La is meant to be a “permanently happy land”, not so Auckland’s Shangri-La. The Court of Appeal was asked by the body...
by Denise Marsden | Oct 11, 2013 | General property Law, Subdivisions, Unit Titles
Developers commonly become members of the body corporate committee, especially if units remain unsold or it is a staged development, so as to retain control. There has been a recent case (Guardian Retail Holdings Limited v Buddle Findlay High Court, 27 June 2013)...