Entries by Nicole Diaz

The Airbnb Challenge

Whilst Airbnb has created an economic opportunity for numerous residential owners, it has brought with it a number of challenges in Body Corporate administration. The conversion of many units from long term residential to short term letting brings with it some inevitable pressures on facilities and occupants which need to be managed to deliver equitable […]

Committee Liability

Whether it is about personalities, poor legislation, or a combination of both, Bodies Corporate appear to generate a disproportionate amount of time and cost in litigation through our Court system. This includes the Tenancy Tribunal (up to $50,000), District Court, High Court and beyond to the Court of Appeal and Supreme Court. Increasingly, there are […]

Terrorism Exclusion

The recent atrocities in Christchurch with the Mosque attack brought home to BBCL the need to consider the potential impact of terrorism on Body Corporates. Virtually every current Body Corporate policy has a terrorism exclusion from the material damage portion of the policy.  If the Body Corporate has a concern regarding terrorism, whether for any […]

EQC Charges on the Rise

Residential owners should be aware the residential building cap covered by EQC has been increased from 1 July 2019 to $150,000 (plus GST).  This is up from the previous base of $100,000.  The increase will be helpful in natural disasters where comparatively minor damage occurs.  In circumstances where a total loss arises then the EQC […]

Shading The Truth

Liability has been awarded against the Secretary under the Fair Trading Act, which included a reference to “misleading by omission”.  In that instance the Secretary chose to minimise the extent of issues and to omit references to correspondence that she should have known would have been extremely relevant to a prospective purchaser.  When asked about […]

The Maintenance Pendulum

Introduction The Unit Titles Act 2010 (the Act) brought with it a new responsibility for maintenance.  Under the 1972 Act the Body Corporate (BC) was responsible for common property and owners for private.  The new Act defines building elements and makes the BC responsible for maintaining these elements even if private property where they “relate […]