Last week we had our 3rd annual half day conference, a Joint Venture with Auckland District Law Society where we explore the dynamic interplay between the legal fraternity and Managers. The pertinent and practical topics relating to unit titles and bodies corporate included:
When Owners go Rogue
Both lawyers and managers are faced, from time to time, with owners who have gone beyond the realms of reason and reasonableness. Dealing with such owners is difficult from an administrative point of view and requires skill and fortitude as well as legal knowledge. This session explored the problem looking at its causes, possible legal solutions, the way the Body Corporate Rules and good governance can assist and how to manage expectations, defuse & manage conflict that arises.
Issues with Managers: The Role and its Risks
The role of a Body Corporate Manager is often misunderstood. This session looked at the nature of the manager’s role, potential risks which managers may face, and how to minimise those risks. Special mention was made to recent caselaw in respect of disclosure and purchasers’ due diligence, in Roberts v Jules Consultancy Ltd, the issues around misrepresentation and possible personal liability.
A View from across the Ditch
Updates on Case Law, strata law reform, and changes to consumer protection law and how these might be relevant to New Zealand. We were lucky enough to have Julie McLean and Tim Graham join us and there was also an update on SCA initiatives across the Ditch.
Recent Cases: A Review
An update of New Zealand Case law followed from our chair & SCA(NZ) Exec Member Thomas Gibbons. The focus in this session was on the Otway decision (the substantial benefit test) and its impact on the earlier Cook judgment as well as the Gu v Body Corporate 211747 (a “whole of building approach” to remedial works) and the Escrow Holdings decision.
Conveyancing: Dealing with Unit Titles
The conveyance of a unit title is not always plain sailing. Referring to relevant case law, this session looked at some of the main issues that may arise when transferring unit titles and highlighte the pitfalls that can commonly occur. Especially around the content of disclosure statements as well as the unit title and other warranties as set out in the ADLS Agreement for the Sale and Purchase of Real Estate. We also learnt about the importance of due diligence and gained insights into how to deal with apportionments, special levies, contingency and other funds.
The Life and Times of a Unit Plan
Putting careful thought into the creation of the unit plan at the outset helps avoid future issues around ownership, costs and access. Once the plan is in place it is generally static until the building needs to change. This session provided practical tips to interpret and navigate the world of unit plans, with specific focus on remedials/reclads.
A great day of collaboration, the half day intensive provides valuable legal and practical insights into topical aspects of the Industry as well as unpacking best practice & excellent networking opportunities for anyone involved in the Sector, planning has started for the next one already!
