22 Mar 2016
HAYES AS TRUSTEE OF THE BURR/HAYES FAMILY TRUST v BODY CORPORATE 162225 [2016] NZHC 487
- Citation
- [2016] NZHC 487
- Court
- High Court
The Court granted the s 74 scheme because remedial works were necessary and mistrust among owners made a formal scheme desirable; cost apportionment on an 'actual cost to each unit' basis (with common property costs by utility interest) is fair and consistent with the Act because the 2010 Act allows recovery from unit owners for repairs to building elements within their principal unit; the proposed pay-as-you-go administration under a standard contract with oversight by a contract engineer is appropriate; specific amendments were required (mandatory final audit and minimum 30 days vacant poss…