As regulators increasingly look to solve housing shortages by promoting CBD apartment complexes and modern in-fill developments, a growing number of Kiwi home-owners are discovering that their property rights and obligations are in fact often controlled by the humble Body Corporate.
While efforts to improve the underlying statutory scheme are being made, a minority of unruly owners have in some cases wreaked havoc among unit title developments, leaving a trail of economic damage, expensive litigation and despair in their wake. Proving equally challenging is the task of facing up to large scale problems such as the discovery of “leaky building” syndrome or seismic strengthening issues which must be dealt with collectively.
Following on from a session at the Property Law Conference in May this year, this webinar explores what happens when Body Corporate governance breaks down or is “captured” or bullied by unit owners who do not share the same interests as their surrounding community. It explores the litigation options for getting things back on track. The webinar will cover the various mechanisms in the Unit Titles Act 2010 for restoring order, achieving decisions when there is insufficient agreement among owners, and maintaining fairness. To say that the Courts have been “interventionist” in this area of law would be to exaggerate. However, as the cases to be discussed will show, the Courts have not hesitated from using their powers to further the Act's stated aim: the ownership and management of land and buildings by communities of individuals on a socially and economically sustainable basis.
By attending this webinar you will:
All civil litigation and property lawyers.
A background book written by the presenter is available in hard copy, PDF, or both. Please indicate your choice upon registration.
For information on what is required to participate in the webinar, click here.
View PDF registration form here.
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Prior to entering the legal profession James worked in the New Zealand Legislature for two Parliamentary Research Units (2002-2006), before becoming a Ministerial Adviser to a Cabinet Minister (2007-2008). He was subsequently admitted in 2009. Before joining the independent bar, James was an Associate at Chen Palmer Partners and then a boutique criminal practice (together, 2009-2011). His practice now is primarily concentrated on commercial and property-related litigation, but he maintains ongoing and active judicial review and criminal law work streams. Most recently the focus of James’ practice has been litigating the disputesthat arise within unit title developments whenever owners must resolve building problems collectively.
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Bodies Corporate Gone Wrong - Webinar
11 August - At your desk or device
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