About the Event
This On Demand was recorded on 27 August 2019.
Arbitration is defined as the private determination of a dispute, by an independent third party. Yet the process is not so well understood.
Once again, the half-day conference was packed with a great selection of pertinent and practical topics relating to unit titles and bodies corporate, presented by experienced lawyers, property managers and other professionals.
Proudly sponsored by
When Owners go Rogue
Both lawyers and managers will be faced, from time to time, with owners who have gone beyond the realms of reason and reasonableness.
Dealing with such owners is difficult from an administrative point of view and requires skill and fortitude as well as legal knowledge. This session will explore the problem looking at its causes, possible legal solutions and how to manage the conflict that arises.
- Learn more about how to manage the committee and body corporate expectations from the outset.
- Understand better the way body corporate rules can provide identification of rogue owners and guidance on dealing with them as well as the evidential and governance requirements for successful proceedings.
- Gain insights into the way conflicts may be managed by understanding the underlying reasons and how to ensure the correct forum is used to defuse the issues.
Clinton Baker, Partner, Price Baker Berridge
Paula Beaton, General Manager, Body Corporate Administration Ltd
Denise Evans, Principal Dispute Resolution, FairWay
Issues with Managers: The Role and its Risks
The role of a Body Corporate Manager is often misunderstood. It is essentially to provide administration support to bodies corporate under the terms of a contract rather than making decisions for a body corporate.
However, there are occasions where the role is expanded opening up the manager to greater risks. This session looks at the nature of the manager’s role, risks which managers may face, and how to minimise those risks.
- Learn more about the role of Body Corporate Managers and how this may change in certain situations and how managers need to remain alert to the potential risks in an expanded role.
- Understand better the manager’s position in respect of disclosure and purchasers’ due diligence, and in light of Roberts v Jules Consultancy Ltd, the issues around misrepresentation and possible personal liability.
Joanna Pidgeon, Partner, Pidgeon Law
Wendy Baker, Senior Body Corporate Manager, Strata Title Administration Ltd
A View from across the Ditch
This session, presented by two strata experts from Australia, will look at a number of cases from that jurisdiction which relate to equal opportunity and defamation issues in the context of Owners Corporations as well as matters relating to whether the Administrative Tribunal in Australia has the jurisdiction to hear and determine owners corporation disputes.
The session will also consider strata law reform, and changes to consumer protection law and how these might be relevant to New Zealand. There will also be an update on SCA initiatives across the Ditch.
- Gain insights into a number of Australian cases which have relevance or interest to strata matters in New Zealand.
- Learn more about developments in Australia that may provide guidance and ideas for those working in the industry in New Zealand.
Julie McLean, Senior Strata Consultant, ACE Body Corporate Consulting
Tim Graham, Partner, HWL Ebsworth Lawyers
Recent Cases: A Review
Keeping up to speed with recent case law is critical, particularly given that the Courts have at times boldly interpreted key provisions of the UTA 2010.
The focus in this session will be on the Otway decision and it impact on the earlier Cook judgment as well as the Gu v Body Corporate 211747 and the Escrow Holdings decision.
- Learn more about the application of the substantial benefit test from Otway and how the judgment impacts on the earlier Cook judgment.
- Gain a better understanding of the Gu decision and the importance of “ a whole of building approach” to remedial works.
- Learn more about the impact of recent case law on timeshares and other areas of interest.
Thomas Gibbons, Principal, McCaw Lewis
Conveyancing: Dealing with Unit Titles
The conveyance of a unit title is not always plain sailing. Referring to relevant case law, this session will look at some of the main issues that may arise when transferring unit titles and highlight the pitfalls that can commonly occur.
- Understand better the service, and content of disclosure statements as well as the unit title and other warranties as set out in the ADLS Agreement for the Sale and Purchase of Real Estate.
- Learn more about how to manage the demands of title reports and due diligence with fixed conveyancing fees, and the boundaries that need to be drawn.
- Gain insights into how to deal with apportionments, special levies, and contingency and other funds.
Denise Marsden, Partner, Alexander Dorrington
The Life and Times of a Unit Plan
Putting careful thought into the creation of the unit plan at the outset will help avoid future issues around ownership, costs and access.
Once the plan is in place it is generally static until the building needs to change. This session provides practical tips to help lawyers and Body Corporate managers navigate the world of unit plans.
- Gain a better understanding of what to consider when creating a unit plan for a new development, and interpreting unit plans
- Gain insights into the impact of building work, such as a reclad, on a unit plan and if the plan needs changing, then why and how
- Learn more about converting a company share scheme into a unit title development
Liza Fry-Irvine, Partner, Pidgeon Law
Kayleanne Mercer, Senior Portfolio Manager, Property 101 Group Ltd
Who should view?
All lawyers and legal executives practising in the area of property law, Body Corporate Managers, Administrators and Suppliers.
Click here for the Cancellation Policy
When and Where