7 Jun 2016
WHEELDON AND ORS V BODY CORPORATE 342525 [2016] NZCA 247
- Citation
- (2016) 17 NZCPR 353
- Court
- Court of Appeal
Section 138(1)(d) of the Unit Titles Act 2010 imposes the primary duty on a body corporate to repair and maintain building elements and infrastructure that relate to or serve more than one unit (including where common property is affected); whether s 138(1)(d) is engaged is a factual inquiry into whether the element 'relates to' other units; on the facts the northern panels and the level two and three decks so relate and the Body Corporate was validly authorised by the EGM/AGM process to appoint a lead consultant and proceed; the onus was on appellants to establish s 138(1)(d) was not engaged…