Understanding Body Corporates: A Guide to How They Work

30 Aug 2024

When you buy an apartment, townhouse, or any other property within a unit title development, you don't just own your individual unit—you also become part of a larger community known as a body corporate. But what exactly is a body corporate, and how does it function? In this article, we'll break down the basics to help you understand the role and workings of a body corporate in New Zealand.

What is a Body Corporate?

A body corporate is a legal entity automatically created when land is subdivided to create a unit title development, such as an apartment complex or a group of townhouses. The body corporate consists of all the owners of the units within the development. Each unit owner automatically becomes a member of the body corporate when they purchase their property.

The primary purpose of the body corporate is to manage and maintain the common areas and shared facilities of the development, ensuring the smooth running of the property for the benefit of all owners.

How Does a Body Corporate Work?

The operations of a body corporate are governed by the Unit Titles Act 2010 and its amendments, as well as the development’s own rules and regulations, often known as the body corporate operational rules. Here’s an overview of the key aspects of how a body corporate functions:

1. Body Corporate Committee

A body corporate may elect a committee from among its members to carry out day-to-day decision-making and management tasks. The committee acts on behalf of the body corporate and makes decisions about maintenance, repairs, and general administration. The committee typically includes a chairperson and other members, all of whom must be unit owners.

2. General Meetings

The body corporate must hold an Annual General Meeting (AGM) each year, where important decisions are made. During the AGM, owners discuss and vote on issues such as the budget, insurance, maintenance plans, and the election of committee members. Special general meetings may also be called if needed.

3. Financial Management

One of the body corporate’s crucial responsibilities is managing the finances of the development. This includes setting and collecting levies from unit owners to cover costs such as maintenance, insurance, and administration. A budget is prepared and approved at the AGM, and financial statements are provided to all owners.

4. Maintenance and Repairs

The body corporate is responsible for maintaining and repairing common areas such as gardens, walkways, lobbies, and exterior walls. They may engage contractors to carry out this work, and it's important that reputable contractors are chosen to ensure the quality of work.

5. Insurance

The body corporate is required to insure the entire building, including common areas and all units, against risks such as fire and natural disasters. This insurance is paid for through the levies collected from unit owners.

6. Dispute Resolution

Disputes can arise between unit owners or between an owner and the body corporate. The body corporate has procedures in place for resolving disputes, and in some cases, issues may be taken to the Tenancy Tribunal or the courts for resolution.

Why is a Body Corporate Important?

The body corporate plays a vital role in ensuring the safety, upkeep, and overall well-being of the unit title development. By pooling resources and making collective decisions, the body corporate helps to maintain the value of the property and enhance the living experience for all residents.

For owners, being actively involved in the body corporate—whether by attending meetings, voting on issues, or serving on the committee—ensures that their interests are represented and that the development is managed effectively.

Conclusion

Understanding how a body corporate works is essential for anyone living in or considering purchasing a property in a unit title development. It's not just about owning your unit; it's about being part of a community where collective decisions impact the quality of life and the value of your investment.

Whether you're a seasoned property owner or new to the concept, staying informed and engaged with your body corporate can help you make the most of your property ownership experience.

For more information or to get involved with your body corporate, consider attending the next AGM or reaching out to your body corporate committee. Your input and participation can make a difference in the management of your development. If you need professional assistance, Oxygen Strata Ltd is just a call away, ready to provide the expert support your body corporate needs.

How Oxygen Strata Ltd Can Help

At Oxygen Strata Ltd, we specialise in providing expert body corporate management services that make the complexities of managing a body corporate straightforward and stress-free. Our experienced team offers comprehensive support in all aspects of body corporate management, from financial administration and maintenance coordination to ensuring compliance with legal requirements. Whether you’re looking to streamline your body corporate’s operations, improve financial oversight, or simply ensure that your property is being managed effectively, Oxygen Strata Ltd is here to help. Our goal is to empower your body corporate to run smoothly, allowing you to enjoy peace of mind and the full benefits of your property investment.

FAQs