Articles

Layered Unit Title Subdivisions

Thursday July 13, 2017

Vicki Toan, a partner at Glaister Ennor. She specialises in resource management and unit titles law. She offers pragmatic and practical advice to assist her clients to achieve their goals. Vicki advises landowners and developers on all aspects of land development under the Resource Management Act  and related legislation. She also acts for bodies corporate, unit owners and body corporate managers on unit title-related matters such as governance, operational rules, and repairs and maintenance. She works closely with the firm’s property teams on pre-purchase due diligence and Overseas Investment Act matters.

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You can find the full Q&A below.

You can hear more from Vicki at Property Law Roundup seminar, being held on Thursday 21 September at Stamford Auckland.

She joined Christopher Sanchez of Legalwise Seminars to discuss issues about unit titles.

What is a common mistake you see people make related to unit titles? 

People commonly fail to appreciate the true nature of a unit title – the rights and obligations that attach to owners and the body corporate, and the fact that the Unit Titles Act 2010 and associated regulations govern decision-making and other processes for unit owners and bodies corporate.

What is one advantage or disadvantage of layered unit title developments?

A layered unit title development can provide for activity-specific rules and governance in a larger mixed-use development. Depending on the site and building layout, a layered development can create an over-arching community management structure that benefits unit owners and occupiers.

Layered unit title developments are more complex to establish and operate than traditional unit title developments. This, and the associated costs, should not be underestimated.

What are some of the factors that might make a layered unit title subdivision an option?

Factors such as site and building layout, activity mix, distribution of activities within buildings, number of units, and likely value of units are all relevant to determining whether a layered unit title development is an option.

 

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