Who Suffers the Loss When Leaks Are Found on Common Property in a Unit Title Development?

Leaky Buildings Crisis – Understanding the Issues (Thomson Reuters, Wellington, 2011); ISBN: 978-0-864727-41-1

28 Pages Posted: 22 Feb 2019

See all articles by Rod Thomas

Rod Thomas

Auckland University of Technology - Faculty of Business & Law; University of Cambridge - Cambridge Centre for Property Law; European Law Institute; IPRA-CINDER; Australian College of Strata Lawyers

Date Written: December 2011

Abstract

When common property in a unit title development occurs, who suffers the loss and has the ultimate remediation responsibility. Is it the body corporate or the individual owners in the development? This was an issue under the Unit Titles Act 1972 (NZ) but the reasoning still holds true in determining underlying issues of liability under the new Unit Titles Act 2010 (NZ).

Keywords: strata title, damage, responsibility for remediation, owners of body coporate, property law, liability issues

Suggested Citation

Thomas, Rod, Who Suffers the Loss When Leaks Are Found on Common Property in a Unit Title Development? (December 2011). Leaky Buildings Crisis – Understanding the Issues (Thomson Reuters, Wellington, 2011); ISBN: 978-0-864727-41-1, Available at SSRN: https://ssrn.com/abstract=3324818 or http://dx.doi.org/10.2139/ssrn.3324818

Rod Thomas (Contact Author)

Auckland University of Technology - Faculty of Business & Law ( email )

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University of Cambridge - Cambridge Centre for Property Law ( email )

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European Law Institute ( email )

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IPRA-CINDER ( email )

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Madrid, 28006
Spain
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Australian College of Strata Lawyers ( email )

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Moorooka
Moorooka, Qld
Australia

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