Unit Titles and Body Corporates: Concerns and Disputes
Issues covered include: Covenants and Encumbrances, Disputes, Litigation, Administrator appointment, Unit Titles Act, Repairs and recovery of costs, Ownership Interest assessment.
Description
Be guided through the current concerns and perennial disputes regarding body corporates. Examine potential problems as well as the best practices and procedures to manage a range of unit title potential disputes while covering the latest and most important developments that will impact your practice. Property lawyers, body corporate officers, and developers will all gain useful insights into how to avoid conflict before it arises and how to emerge the victor when disputes do occur.
Attend and earn 4 CPD hours
This seminar was recorded in NZ on 12 June 2019
Chair: Jeanne Heatlie, Partner, Rainey Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.55am: Covenants and Encumbrances in the Context of Unit Titles and Body Corporates
Join Tim and examine the challenges when dealing with a covenant or encumbrance that is attached to a unit tile property
Presented Tim Rainey, Barrister, FortyEight Shortland Chambers
9.55 am to 10.45am: Navigating Body Corporate Disputes and Dysfunction or Litigation
- How do disputes typically arise in small and/or large developments?
- Conflicts of interest
- Administrator appointment as a last resort
- The best legal advice to avoid litigation
- When only litigation is left: Tenancy Tribunal and Court
- Case Studies
Presented by John Burley, Partner, McVeagh Flemming
10.45am to 11.00am Morning Tea
11.00am to 11.50am: Body Corporate Repair Issues Under the Unit Titles Act
- An update on recent cases on repairs and recovery of costs
- Application of the principles from those cases
- A discussion on unit plans and surveying approached
Presented by Daniel Kelleher, Partner, Buddle Findlay
11.50am to 12.20pm: VALUER'S PERSPECTIVE: Overview of Ownership and Utility Interests and Assessments
- Basis for Ownership Interest assessment
- When a Utility Interest might be employed and how this would be calculated?
- Simplified worked example
Presented by Matt Straka, Director - Registered Valuer, Bayleys
12.20pm to 1.10pm: Short-Stay Accommodation: Rights and Obligations
Explore the live legal issues surround the use of unit property for short-stay accommodation such as Airbnb, and the extent (if any) that bodies corporate can restrict or control the use of units for short-stay accommodation activities.
Presented by Vicki Toan, Partner, Glaister Ennor
1.10pm to 1.15pm Closing Comments by the Chair
Learning Objectives
- Develop practical skills for dealing with a unit title covenant or encumbrance on
- Receive a timely update on Body Corporate Repair Issues Under the Unit Titles Act
- Develop strategies for dealing with body corporate disputes or dysfunction
- Gain insights from a property valuer
- Be updated on the rights and obligations in relation to AirBnBs
Venue
Grand Mercure Auckland
Level 2, 8 Customs Street East
Auckland 1010
New Zealand