Re: Strata Titles. Each apartment or unit owner owns a bit of that land right plus their own unit. With the body corporate do their own the public areas like the courtyards and hallways and reception areas? Can the owners of units dissolve the body corporate and wishes to deal with the building expenses by themselves?

Cheers.

Edited by rayonline_tm at 12:16 pm, Sat 12 Jun

rayonline_tm - 2021-06-12 12:14:00

Unit owners own what is on their title - principal unit and sometimes accessory unit.

The body corporate owns the common areas and the building envelope. That includes any land not an accessory unit. Unit owners own the unit up to halfway between the internal walls and the building envelope.

artemis - 2021-06-12 13:13:00

artemis wrote:

Unit owners own what is on their title - principal unit and sometimes accessory unit.

The body corporate owns the common areas and the building envelope. That includes any land not an accessory unit. Unit owners own the unit up to halfway between the internal walls and the building envelope.

that’s not fully correct, the body corporate doesn’t OWN anything. The unit owners all share ownership of the common property and building structure, and the body Corp is responsible for the maintenance of that common property.

sparkychap - 2021-06-12 13:54:00

Rayonline - no you can’t dissolve the BC, it’s created by law and there are laws surrounding its functioning.

sparkychap - 2021-06-12 13:56:00

sparkychap wrote:

that’s not fully correct, the body corporate doesn’t OWN anything. The unit owners all share ownership of the common property and building structure, and the body Corp is responsible for the maintenance of that common property.

The BC owns responsibility for common areas and the building envelope. Legally might not own it but practically it does.

artemis - 2021-06-12 14:23:00

artemis wrote:

The BC owns responsibility for common areas and the building envelope. Legally might not own it but practically it does.

the body corporate is the owners, the owners employ a bc secretary to administer the bc.

gabbysnana - 2021-06-12 14:43:00

sparkychap wrote:

Rayonline - no you can’t dissolve the BC, it’s created by law and there are laws surrounding its functioning.

The law says that a Body Corporate must exist for over 5 units. Less and it is not required.

The Body Corporate is the Unit Owners, nothing more and nothing less. The only way it could be dissolved is by putting all the owners in a large vat of acid, this could actually be quite constructive in some cases.

The Body Corporate may use a property management company or individual. That may be dissolved, changed, whatever.

Edited by tony9 at 5:21 pm, Sat 12 Jun

tony9 - 2021-06-12 17:18:00

tony9 wrote:

The law says that a Body Corporate must exist for over 5 units. Less and it is not required.

No, a BC is automatically created when a Unit Titles Plan is deposited. The BC name is the name of the Unit Plan and every title owner is a member of the body corporate.

If there are fewer than 9 units, a Body Corporate Committee is not required (but can be created if needed), if over 9 units, it is mandatory.

sparkychap - 2021-06-12 17:54:00

In my limited experience the world of body corporate chairmen or secretaries is the happy hunting ground for retired accountants and the like... the body corporate rules and regulations is their bed time reading !!

onl_148 - 2021-07-07 16:17:00

Watch for the new changes coming through for BCs and BC managers including regulation of managers and their service levels, controls on numbers of proxies held (proxy farming), disclosure at viewing for sale, relief for minority owners, must have along term maintenance fund to back up the long term maintenance report - no opt out. These are just a few of the amendments in the current bill under consideration.

hers.nz - 2021-07-09 18:30:00