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5 September 2008 | Unit Titles Bill still before Parliament

The Bill is currently on the Parliamentary Order Paper awaiting its first reading after its introduction to the House by Building and Construction Minister Shane Jones. In a recent ADLS article, Mr Jones is said to have described the current law as archaic and out of touch with modern property development.

"The bill, which has undergone a lengthy reform process, will make unit title developments easier to manage and provide greater flexibility for both unit tiles owners and bodies corporate", Mr Jones is reported to have said.

He also said that he had received dozens of letters on a wide range of issues from people living in unit title developments.

The bill will contain seven key changes:

  • The body corporate will own the common property, enabling it to act on behalf of all the unit owners for the good of the development as a whole in terms of repairs and maintenance. The definition of common property will be broadened to include building elements affecting more than one unit, such as roofs;
  • Large, staged or mixed-use unit title development will be able to be "layered," meaning that a unit within a unit title development will be able to be developed as a subsidiary unit title development with its own body corporate. For example, an apartment block shopping centre and car park building in a multi-use development could each have their own subsidiary body corporate to manage the interests of each group of owners;
  • Survey and title processes for surveyors and developers will be streamlined which will mean that developers will be able to comply with subdivision consents in stages, rather than having to meet all conditions at the outset of the development;
  • The need for unanimous body corporate decisions will be removed, with decisions in future being able to be based on 75 per cent agreement by those who vote at body corporate meetings;
  • Bodies corporate will be required to establish long-term maintenance plans to protect the long-term value of the development, enabling unit owners to plan for and pay a regular amount for maintenance over time;
  • The bill will also provide for disputes to be dealt with through mediation or adjudication in the Tenancy Tribunal in the first instance, rather than solely through the courts; and
  • Disclosure requirements will be introduced for purchasers, unit owners and the body corporate to enable them to make informed choices.

Read the full article here

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