Body corporate and unit title lawyer, Auckland

Yes. We advise on governance, operational matters, compliance obligations, rule interpretation and related body corporate issues under the Unit Titles Act 2010 and the Unit Titles Regulations 2011.

Yes: levy disputes, maintenance issues, governance disputes, rule enforcement and other body corporate matters, from early advice through negotiation to formal proceedings.

Generally, the body corporate is responsible for repairing and maintaining common property and building elements that serve more than one unit, while owners are responsible for their own units. The exact boundary depends on the Unit Titles Act, the operational rules and the building itself, and is a common source of disputes, particularly in leaky and defective buildings.

Yes. A body corporate can claim against the parties responsible for building defects, weathertightness failures or other losses, commonly builders, developers, certifiers, engineers, councils and insurers. These claims are brought in the District Court or the High Court, depending on their value and complexity.

In many cases, yes. An owner may be able to challenge decisions of the body corporate or committee, for example on levies, rule changes or maintenance, through the dispute resolution provisions of the Unit Titles Act, usually in the Tenancy Tribunal. Get advice early, because strict notice and timing rules can apply.

The body corporate is the legal entity made up of all the unit owners. The committee is a smaller group of owners elected to run day-to-day matters for the body corporate, within the limits set by the Act, the regulations and the body corporate’s operational rules.

Body corporate managers handle administration and operations, but they do not give legal advice. A lawyer is usually needed for rule interpretation, significant disputes, building defect and weathertightness claims, developer or insurer disputes, and anything likely to go to a tribunal or court.