Helping New Zealand’s body corporates to run smoothly and reduce their risk
COVID-19 Update from Body Corporate Management
Prior to Covid-19, the Unit Titles Act 2010 did not expressly allow owners to attend meetings by video link or audio link and be able to vote on resolutions without first submitting a proxy form.
As of Friday the 15th May, a Bill to introduce an amendment to the UTA remote meetings was given royal assent and is now law as an Act of Parliament.
It’s important to note the amendment will end 12 weeks from the expiry of the Epidemic Preparedness (COVID-19) Notice 2020, at which point section 88 must be read as if it was back in its original form.
It means meetings held between 25 March and now are also protected if they were held remotely.
Please see the change below.
Final section 88 amendment – now in force
1. Amendment to Unit Titles Act 2010
This schedule amends the Unit Titles Act 2010.
2. Section 88 amended (Meetings)
After section 88(2), insert:
(3) Members of a body corporate may attend a general meeting (and members of a body corporate committee may attend a committee meeting) in person, by audio link, or by audio visual link despite –
(a) any limitation or condition on the use of an audio link or audio visual link that is contained in the body corporate operational rules; or
(b) anything to the contrary in this Act or the regulations.
(4) Subsection (3) applies on and from 25 March 2020.
(5) This subsection and subsections (3) and (4) are repealed immediately after the expiry of the 12-week period that starts on the date on which the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.
We are pleased to report that the Epidemic Preparedness (Covid-19) Notice 2020 has been further extended effective today from 22 December 2020 and will expire on 22 March 2021.
This means the temporary ability to run remote meetings under section 88(3) of the Unit Titles Act 2010 is also extended out to 13 June 2021, being 12 weeks from the new expiry date of the Notice (as per section 88(5) UTA).
This is the 3rd extension and it’s possible it will be extended again but we won’t know until close to 22 March next year. The Prime Minister also has power to revoke the Notice early so best to keep a watching brief.
The latest gazette notice confirming the Notice renewal can be found here – https://gazette.govt.nz/notice/id/2020-go5735
As a member of a body corporate committee, you take on a fair amount of responsibility. You’re financially accountable to a large number of property owners, are often called upon to make serious decisions and, of course, you can never please all of the people all of the time. It may seem like an unenviable task, but rest assured, there is excellent help available, from New Zealand’s body corporate management specialists.
The reduced risk approach to body corporate management
Auckland Property Management are focused on helping body corporate members like you, reduce or even remove the risks that come with running bodies corporate. We can help you to identify and mitigate any risks your body corporate might have, keep you on top of an ever changing legal framework, help you manage a host of involved parties, ensure you meet your financial responsibilities and, help maintain the detailed records expected of you.
Why focus on risk?
We know, through a lot of experience, that there are literally hundreds of areas that need to be managed within a body corporate. We see it as our responsibility to help you navigate these possible pitfalls so that you can avoid any potential problems. More importantly, we’ll work closely with you to identify possible risks well in advance, so we can put actions in place that will prevent them from ever becoming a concern.
Let’s face it, whether you like it or not, as a member of a body corporate committee, you’re responsible for large sums of money and many people’s homes or investments. Risk is the last thing you want.
Relax. We’ve been here before.
There’s not a lot of situations our Body Corporate Managers haven’t seen, solved or prevented over the years. Even on the extremely rare occasion that one of our team hasn’t directly dealt with an issue, someone else in the team inevitably has. Which is a good thing. Because there’s nothing like actual experience to sharpen one’s abilities when solving a problem. And there’s nothing like experiencing a problem to sharpen your insights to help prevent it from occurring in the future.
Enjoy the benefits of a well prepared body corporate manager
We have a secret for running a successful body corporate. It’s called preparation. It may not be the sexiest word, but it gets results. And we’re not just talking about being prepared for annual general meetings (although that’s extremely important). We’re talking about being across every issue at all times. Knowing the best people to call in a given situation. Having the right experience and expertise to solve problems as they occur and, spending the time it takes to identify risks, so we can prevent them from becoming problems in the future.
If you’d like to work with a well prepared body corporate manager who can help you to reduce your risks – get in touch today. Call us on (09) 638 2500 or, click on the link below to leave your details with us and one of our team will be in touch.
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