Unit Titles Act 2010: are you complying?

A unit title is a form of property ownership where you own your unit, but the common areas are owned by the body corporate. This ownership structure is common in high-rise apartment blocks.

In smaller unit title developments, all owners are likely to be members of the body corporate committee; in larger developments the body corporate committee is appointed by the owners. An annual levy is paid and the body corporate committee manages and maintains the property, and the common areas, on your behalf (depending on the body corporate rules).

Many unit title owners are unaware that the Unit Titles Act places significant compliance obligations on the body corporate, as well as the owners of each unit. Regardless of whether there are 20 units or two, the obligations are the same. These obligations include:

  • Having body corporate rules
  • Retaining written records of the body corporate decisions
  • Establishing and updating a long-term maintenance plan, and
  • Having separate and identifiable operating expenses and long-term maintenance accounts.

If you are a unit title owner and you are unsure about the way your body corporate operates, there is some basic information here. For more detail relating to your particular situation, we’re happy to talk with you about your specific obligations and responsibilities.

© NZ LAW Limited, 2019. Aspiring Law is proud to be a member of NZ LAW Limited, an association of 55 law practices working together to proactively share ideas and expertise for the benefit of our clients.

Residential property Buying residential property Commercial property Buying commercial property

Aspiring articles

  • Elise & Roas

    Young lawyers at Aspiring Law

    We're delighted to welcome two new faces to our Aspiring Law team. Rosa Garcia Knight and Elise Streat bring fresh energy and expertise to our firm and embody our commitment to providing clear, client-focused legal services within our community.
  • Blank page and pencil

    Parents' fiduciary duties to their children: Where do they end?

    A recent Supreme Court case, known as the Alphabet Case, tackled the complex question of how far a parent's legal responsibilities extend, particularly when family assets are placed in trusts. The Court confirmed that while parents have special legal duties to their children during childhood, these obligations usually end when children become adults. Find out what this important case means for family trusts and how potential law reforms could affect your estate planning.
    Trusts and Life planning
  • Older couple playing jenga

    Changes ahead for the rights of retirement village residents

    While retirement facilities offer attractive lifestyle options, understanding your legal rights is crucial. Unlike traditional home ownership, retirement village residents don't own their units outright but instead operate under an Occupation Right Agreement (ORA). With the Retirement Villages Act now 24 years old, significant reforms are being proposed to better protect residents' interests. Learn what these proposed changes could mean for current and future residents.
    Residential property Trusts and Life planning
  • Bullseye

    Beyond the Employment Agreement: Employing good staff is one thing, but how do you keep them?

    While finding talented staff is challenging, retaining them can be even more complex. The good news? You don't need to be a perfect employer - just a fair and reasonable one. Recent Employment Court guidance provides a practical "target" approach to good employment practices, where best practice is the bullseye, but hitting anywhere on the target still counts as fair and reasonable. Learn the golden rules that can transform you into an employer that good employees want to stick with for the long haul.
    Employment & HR