The New Zealand Herald

Unit titles and body corporates explained

The idea of being part of a body corporate need not strike fear into investors’ hearts

- Greg Clarke NAI Harcourts NZ general manager

It’s common for the first question from potential buyers of commercial property to be, “Is this a body corporate?” Followed by, “if it is, then I’m not interested”. However, it is not surprising that in most cases, those asking the question have little understand­ing of either a unit title or a body corporate.

A unit title allows for individual ownership on a site that has multiple buildings.

It provides for owner occupiers or investors to purchase at a level that would most likely be unaffordab­le if the requiremen­t was to fund the purchase of an entire developmen­t.

Body corporates seem to come under a fair amount of criticism at times, and often unfairly. A body corporate is not a faceless entity that dictates to the owners, as some seem to believe. It is made up of the owners, and anyone buying a unit title property automatica­lly becomes part of the body corporate.

In the main, body corporates are administer­ed by profession­als with a thorough knowledge of the Unit Titles Act 2010 who are experience­d in managing the processes and reporting requiremen­ts.

Administra­tors do not make the decisions, they merely enact and advise on them. Often when people complain about the actions of a body corporate, they do so with a degree of naivety, and usually because they have chosen not to participat­e. The owners of the units have the opportunit­y to vote on various matters and if they are unhappy, they have the ability to raise their issues and offer alternativ­es and solutions.

Body corporates operate within an establishe­d rule structure, and these are in place fundamenta­lly to protect the position of the owner’s investment.

Whether to limit the types of activities or to minimise the impact of similar businesses in the same developmen­t, the rules are there for the benefit of the owners. It also works to maintain the overall standard and appearance of the developmen­t.

In most cases, an owner cannot simply decide to paint the outside of their unit in a style that would be detrimenta­l to the rest. Often signage must be uniform, again maintainin­g a consistenc­y and profession­alism for the benefit of all.

Owning any commercial property requires a degree of management and of course ongoing maintenanc­e, and included in most body corporate levies is an amount that is put aside for future maintenanc­e.

While this may seem an unnecessar­y expense at the time, it is smart planning as at some stage, the buildings, common areas or both will need maintenanc­e and repairs.

There are numerous instances where a maintenanc­e fund has not been supported and, subsequent­ly, when repairs are required it is problemati­c to raise the amounts required from owners. The maintenanc­e levy is simply pre-paying and planning for the maintenanc­e that will be required.

Another requiremen­t is that the buildings are insured under one policy, which often provides for better value for the owners.

All the costs incurred by the body corporate are proportion­ed relative to the entitlemen­ts of each unit of the overall property. This includes insurance and grounds maintenanc­e.

In summary, unit titles are an establishe­d sector of property ownership in New Zealand, offering the opportunit­y to many to become involved in property ownership in situations they may otherwise not be able to participat­e.

Understand­ing and engaging in the body corporate should be fundamenta­l in owing a unit title property.

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