Secretary

Do you need one?

Under the Unit Titles Act every Body Corporate must have a secretary. Apart from some smaller Body Corporates, which manage their own secretarial function, this function is usually carried out by a professional secretary. The initial secretary is appointed by the developer of the complex. Whether for performance reasons, costs or personality conflicts, a Body Corporate may look to change its secretary at any time. Sadly a number of secretaries resist such change in a fashion out of proportion to logic and sound business practice – this may include relying on unlawful rules to attempt to retain the Body Corporate or intimidate owners. Boutique is able to assist in effecting change, cost effectively, in the interest of all owners.

How Do You Change?

Owners should not feel intimidated by a secretary who refuses to recognise their role as a mere agent of the owners. It is critical however that due process is followed in removing an existing secretary. Boutique is happy to assist, at no cost, to ensure the correct procedures are followed.

Boutique has recently provided financial and legal support to two large downtown Body Corporates who wished to change secretary, but were frustrated by the secretary’s refusal to accept due process. In both instances the owners, with the support of Boutique New Zealand, successfully applied to the High Court, which confirmed the secretary’s role is as servant to the owners.  In both cases substantial costs were awarded against the previous secretary.

Boutique provides guidance at no cost in initiating a change of secretary. In acquiring over 115 Body Corporates in just 4 years, Boutique is experienced in ensuring a seamless and hassle-free change.  

Contact our business development manager, Joanne Barreto, for more information

Email: jo@bbcl.co.nz