Tim is a chairman of a Body Corporate committee that has always had trouble with repairs of leaks affecting common property caused by outstanding maintenance of private units.

Many of the thousands of Bodies Corporate in New Zealand have struggled with issues like this over recent years.  Under the current law a Body Corporate is required to keep common property in good repair, but it is often unclear how to exercise this obligation when damage is being caused by outstanding maintenance of a private unit.

The Unit Titles Act 2010, which will come into force once new regulations are drafted (probably early to mid 2011), now puts an obligation on the Body Corporate to manage, maintain and repair common property as well as repair and maintain all building elements and infrastructure that relate to or serve more than one unit. 

Infrastructure will cover utilities like wires, ducts and cables, drains and channels used to provide drainage, conduits for electricity, telephones etc.  Building elements will cover parts of the building necessary to the structural integrity of the building, like the roof, balconies, decks, walls and cladding.

The changes should help to clarify the powers and duties of Bodies Corporate in relation to this contentious area.