Rainey Law are experts in Body Corporate and Unit Titles law. We regularly act for Bodies Corporate and apartment owners to provide advice and representation where issues arise regarding the use, management and obligations with respect to common property and unit property.
Our firm has been involved in many of the leading cases under the Unit Titles Act including, by way of example:
- Body Corporate 201036 v Broadway Developments Ltd (2010) 11 NZCPR 627
- Body Corporate 396711 v Sentinel Management Ltd (2012) 13 NZCPR 418
- Body Corporate 345866 v Pog Mo Thon Limited  NZHC 3323
- Body Corporate 201036 v Westpac Banking Corp & Ors (Parnell Terraces)  NZHC 1524
- Body Corporate 183930 v Chua & Ors (Tuscany Towers)  NZHC 2122
- BC199380 (Sebel) v Cook  NZHC 1244
- BC (Uptown) v Gu  NZHC 2191
Our lawyers are leading the way in utilising the new Unit Titles Act to the best advantage of Bodies Corporate and their members. We were the first to use the new powers provided by the Unit Titles Act to set aside an unfavourable service contract imposed on a Body Corporate by a developer (in the Sentinel case). Our team have been involved in several cases defining the limits on what a Body Corporate can and cannot do under the new Unit Titles Act. Sometimes, this means challenging existing precedents on issues of importance to Bodies Corporate to gain clarity.
Rainey Law also has a wealth of experience advising on the complex issues around repairs to units and common property, in particular, the vexed issue of allocation of repair costs amongst owners. Our team have drafted and advised on schemes for the repair of multiple unit title properties nationwide under section 74 of the Unit Titles Act, as well as appearing as advocates in the High Court to oppose and modify draft schemes where unfair to certain members of the Body Corporate. We are also highly skilled at escrow arrangements which may be required when conducting remedial work.
Our expertise extends to all aspects of Body Corporate law. We are frequently instructed by Bodies Corporate, Body Corporate secretaries and property managers, owners and other lawyers to give practical advice on the application of the Unit Titles Act to a wide variety of situations. Often this has been for the very purpose of clarifying issues within the Body Corporate and avoiding potential litigation.