Definitions of common terms

Body Corporate Definitions of Common Terms provide Peace of Mind for both current and potential investors.

Unit

A unit is what each owner owns. It will normally be a physical structure (such as an apartment or carpark), but can be simply an area of surveyed space within which improvements may or may not exist.

Levy

A levy is the share which each owner pays towards the Body Corporate’s annual budget. The timing of payment of levies and the amount of levies are fixed by the Body Corporate, generally at its annual general meeting (AGM).

Unit entitlement

The Act provides that the share of the Body Corporate expenses each owner pays is calculated by unit entitlement. This is the comparative value of each unit in comparison to all other units in the complex, and is initially assessed by a valuer at the time the unit title plan is deposited.The new Act brings a potential new method of calculations being "Utility Interest" (see below).

Unit plan

The depositing of the unit plan with Land Information NZ is what forms the Body Corporate. The plan defines the units, accessory units (such as carparks and storage units) and the common areas. It may also define future development units.

Budget

Every year at the AGM, proprietors approve the expense budget for the coming year. It is the expense budget which forms the basis for assessing the amount of each owner's levy for the year. Boutique prepares preliminary budgets for your Body Corporate or committee, however approval of the final budget is a decision made by the owners at the AGM.

Utility interest

The new Act recognises unit entitlement is not always an appropriate measure of cost allocation. Provisions exist for costs to be allocated by utility interest, which is the relevant benefit the expense item delivers to individual owners(eg. ground floor owners may not be required to contribute to lift costs).

Utilities

It is not uncommon for large complexes to have one water or power meter. Check meters to measure consumption per unit may also exist. The Body Corporate can allocate costs to units based on check meter readings.

Insurance

The Body Corporate is responsible for placing full replacement insurance cover for the buildings and improvements. Additional covers which are generally obtained include public liability, landlord’s fittings and fixtures, loss of rents from an insurable event, alternative accommodation for owner occupiers, statutory liability, office bearer’s cover and construction cover for internal works or refurbishment. Boutique has negotiated a unique policy with its major broker, ACM Ahlers Limited, that can provide additional benefits to owners at best market rates.

Annual general meeting

Each year the Body Corporate must hold an annual general meeting, which meeting determines the financial position and direction of the Body Corporate. Issues arising between annual general meetings may be discussed and resolved at extraordinary general meetings. The committee will determine the timing of AGMs and EGMs.

Committees

Each Body Corporate must have a committee which is responsible for running the Body Corporate between general meetings. How owners are elected to the committee is provided for in the Body Corporate rules.

To answer any general questions you may have please contact our Director, Craig Leishman 

Author: Antony Created: 10/28/2011 1:10 PM
There was an article I read at the week-end by Rod Thomas Senior Law Lecturer AUT Auckland, about the confusion around the Transitional rules in the Latest Property Council newsletter He finished up: “This confusion provides a strong incentive for a body corporate to agree to implement the provisions of the new Act, by adopting the adoption measures set out in S220. If this does not occur, and in the interim period the wrong administrative procedures are adopted, this may result in committee members becoming personally liable for acts such as authorising payments, raising levies, or entering into commercial obligations which are ultimately shown to have been invalid.” This supports our view that the BC should adopt the new Act and run the meeting in terms of the governance provisions if for no other reason than risk minimisation and certainty

This confusion provides a strong incentive for a body corporate to agree to implement the provisions of the new Act, by adopting the adoption measures set out in S220.  If this does not occur, and in the interim period the wrong administrative procedures are adopted...

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