Asset Recovery
Lawyer of the Year
New Zealand
Lawyer of the Year
New Zealand
Contact Us
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Level 31, Vero Centre,
48 Shortland St, Auckland 1140
- p 09 925 3840
- f 09 925 3849
- Post: 49 Fort Street, Auckland 1140
We have significant experience with bodies corporate and advice relating to the Unit Titles Act. We will provide you with advice on which you can confidently rely.
We are at the forefront of a number of significant developments in the law affecting bodies corporate and application of the Unit Titles Act. We understand how to navigate individual owners’ rights and interests in disputes involving apartment buildings and other multi-unit developments.
The Act provide a legal framework for the ownership and management of land, associated buildings and facilities by individual owners on a socially and economically sustainable basis. It is prescriptive in part and flexible and responsive in others. This tension can be confusing and creates disagreement amongst owners.
The rules formulated and adopted by owners in a body corporate are often an area of tension. Some owners consider it a vehicle to make ‘their own rules’ for their building. It must be remembered however that the rules are required to be consistent with the rights and obligations conferred or imposed by the Act itself.
The body corporate has the responsibility to repair and maintain parts of the building, including certain privately owned property. It can only fund this work by levying all owners in proportional to their utility interest or unit entitlement. It can however also recoup costs from some owners only. How the body corporate deals with levying and recoupment is often a point of contention or dispute between owners.
The managers’ role and responsibility is largely administrative. It will convene and keep records of meetings and manage the body corporates finances. The manager however is only an agent and acts on the instructions of the owners in general meeting or their appointed committee. Management is not to be confused with administration.
An administrator may be appointed if there is cause to take control of the body corporate away from the owners. The body corporate, a creditor, any person having a registered interest in a unit, or the owner or landlord of the base land may apply to the High Court for the appointment of an administrator.
Body corporate issues are often complex. They require technical expertise in matters involving the Unit Titles Act, an ability to identify and understand the underlying issues and the experience to manage the diverse interests of owners. We are passionate about helping owners find pragmatic and principled solutions to their particular problem.