Temporary Amendment to the Unit Titles Act 2010

Posted by Auckland Property Management Ltd on May 18, 2020 | Body Corporate, Company News, News

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The Government sought a temporary amendment to the Unit Titles Act 2010 (UTA) to allow body corporate members to attend meetings via audio or audio-visual link.

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 2020 and now are also protected if they were held remotely.

Please see the change below:

Covid-19 Response (Further management Measures) Legislation Bill is now in force.

View here: http://www.legislation.govt.nz/bill/government/2020/0244/latest/LMS339723.html?search=sw_096be8ed81980f81_audio+visual_25_se&p=1&sr=6

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(5) This subsection and subsections (3) and (4) are repealed immediately after the expiry of the 12-week period that starts on the date on which the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

 

Read the COVID-19 Response (Further Management Measures) Legislation Bill here: https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_97676/covid-19-response-further-management-measures-legislation

View the full Unit Titles Act 2010 here: http://www.legislation.govt.nz/act/public/2010/0022/latest/DLM1160440.html

 

If you have any questions about attending meetings via audio/audio visual, please feel free to contact your Body Corporate Manager, or fill out the online form below: