Natasha owns a unit in a complex of five houses in central Wellington that are unit titled.  She has been told by other owners in the complex that they don’t need a “Body Corporate” because they only have a few owners. 

This is not correct.  It is important to realise that there is a distinction between a “Body Corporate” and a “Body Corporate Committee”. 

By virtue of being owners of a unit titled property, they are part of the Body Corporate, because the Body Corporate is all the owners in the development.

A Body Corporate committee is an elected group of owners who agree to run the complex and make some decisions on behalf of all the owners. 

Under the Unit Titles Act Bodies Corporate with 9 or fewer apartments/flats do not need to have a Body Corporate committee.  They are still required to comply with the Act in all other ways. 

Bodies Corporate with 10 or more apartments/flats must set up a committee unless they resolve by special resolution not to.

If your Body Corporate is unsure it should take specialist legal advice.