Entries by Nicole Diaz

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 […]

Website/Security Cameras and Privacy

Relevant Act. The Privacy Act 1993. The arrival of relatively low cost high-resolution cameras has led to an increase in the use of these devices in residential unit properties.  We thought it useful to outline some guidelines for our property owners and committees. The normal objective of private security cameras is to prevent and reduce […]

Lessons From Bridgewater

Bridgewater (BC324525) is a 22 unit residential complex in Paihia.  Sadly its owners have been involved in ongoing litigation following different views on remedial obligations and scope.  For Body Corporates the court decisions have at least created certainty in a number of areas including voting rights. Voting Rights when in Arrears with Levies or Charges […]