ADLS and SCA (NZ) once again held their annual half-day conference on issues relating to unit titles and Bodies Corporate.
With input from property lawyers, property managers and other professionals, this event covered a range of relevant topics including: utility interests, avoiding the pitfalls of purchasing unit title property, Air BnBs, fire defects and liabilities, covenants and encumbrances in the context of unit titles and Bodies Corporate, a case law update, benefit assessments, and a panel discussion on the future of Bodies Corporate and unit titles.
The Flawed Concept of Utility Interests and their Re-assessments
Utility interests are a fundamental aspect of unit title developments. The rules surrounding them and their reassessment can sometimes be complicated and lead to disputes. This session, presented by a property lawyer and valuer will look at the way utility interests are dealt with under the Unit Titles Act 2010 and provide insights into how reassessments may best be dealt with.
Tim Jones, Barrister
Trevor Walker, Registered Valuer, Director, Telfer Young
Purchasing Unit Title Properties:
Avoiding the Pitfalls
Buying unit title properties, whether in existing developments or off the plans, requires due diligence and a clear understanding of the main issues that arise in these transactions. This presentation will examine potential traps for purchasers as well as the obligations on vendors when selling
Jeanne Heatlie, Partner, Rainey Law
Doug Wilson, Senior Body Corporate Manager, Strata Title Administration
Putting the Spotlight on Air BnB and Short-term Accommodation
The use of units for short-term accommodation, such as Air BnB, is here to stay. Bodies Corporate and unit owners need to understand their rights and obligations, as well as the implications of this use on the complex. The presenters will explore this issue from a planning and legal perspective and impart their knowledge to assist you and your clients.
Liza Fry-Irvine, Partner, Pidgeon Law
Hamish Firth, Principal, Mount Hobson Group
Fighting Fires: Problems and Possible Solutions
Following on from tragedies overseas, a focus on fire defects in the context of unit titles in New Zealand’s seems appropriate. This session, presented by a lawyer and an architect, will consider some of the issues relating to fire defects that are commonly found in local developments and look at the ways in which these may be dealt with.
Scott Cracknell, Principal, Context Architects
Paul Grimshaw, Partner, Grimshaw and Co
Covenants and Encumbrances in the Context
of Unit Titles and Bodies Corporate
As a result of court decisions and the Unit Titles Act 2010, rules are no longer used as a way of dealing with such matters as entrenching, letting, management and redevelopment rights. Developers now look to covenants and other encumbrances to deal with these matters as well as compelling owners to join incorporated societies. This session will focus on the use of covenants and encumbrances in the context of unit titles and Bodies Corporate.
Joanna Pidgeon, Partner, Pidgeon Law
Chris Newman, General Manager, Auckland Body Corporate
Recent Cases: A Review
This session will consider a number of recent decisions relating to Bodies Corporate and unit titles and provide analysis and insights into them. We continue to see important issues emerging, including around maintenance and the reconciliation of ss 126 and 138; schemes under s 74; the nature of a body corporate, and how it makes decisions; specific statutory points such as s 206; and ongoing difficulties with particular buildings. Relevant case law includes Body Corporate 199380 v Cook  NZHC 1244, Manchester Securities Ltd v Body Corporate 172108  NZSC 19, the Yee Good Fortune and Bridgewater line of cases, Body Corporate S73368 v Otway (Wright)  NZHC 1070, Maiden v Body Corporate 46112  NZHC 1219 and Young v Body Corporate 85659  NZHC 849.
Thomas Gibbons, Director, McCaw Lewis
Benefit Assessments (The Dramas of s 126)
The decision in Body Corporate 199380 v Cook  NZHC 1244 has potentially significant implications for a Body Corporate’s treatment of payment for repair and maintenance work. The High Court has departed from previous orthodoxy regarding the recovery of repair and maintenance costs, requiring Bodies Corporate and Committees to undertake a close assessment of the benefit of repairs. This session will look at what requirements are now imposed on Body Corporate decision-makers to determine what is fair between unit owners in each circumstance and will look at the legal and practical difficulties arising from this approach.
Clinton Baker, Partner, Price Baker Berridge
Paula Beaton, Body Corporate Administration Ltd
Panel Discussion: Bodies Corporate and Unit Titles: Quo Vadimus
Who should view?
All lawyers and legal executives practising in the area of property law, Body Corporate Managers, Administrators and Suppliers.
Access details will be delivered via email within 15 minutes.
Senior Body Corporate Manager
Strata Title Administration
Mount Hobson Group
Grimshaw and Co
Auckland Body Corporate
Price Baker Berridge
Body Corporate Administration Ltd