30 Apr 2015
WHEELDON v BODY CORPORATE 342525 [2015] NZHC 884
- Citation
- (2015) 16 NZCPR 829
- Court
- High Court
The Court held that s138(1)(d) of the Unit Titles Act 2010, read to include building elements and infrastructure that relate to or serve more than one unit or the common property, authorises and obliges the Body Corporate to undertake the holistic remediation proposed where expert evidence establishes that building elements and infrastructure materially relate/serve multiple units and require repair or renewal; remediation to meet current Building Code standards to remedy original defects is not impermissible betterment; the Body Corporate acted on competent expert advice and the EGM resoluti…