Can a Body Corporate Tell You What You Can Do in Your Unit?

2 (2016) New Zealand Conveyancing Law and Practice Bulletin

7 Pages Posted: 20 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: January 28, 2016

Abstract

As we move into a “high-rise” future, there is a desire for unit owners or the body corporate to impose restrictions over the use of units, additional to those found in Unit Titles Act 2010 (NZ). Two examples may suffice. In a residential development, owners may collectively wish to stop individuals letting their units on short term “AirBnBs.” For shopping malls, the body corporate invariably wish to control commercial activities, in order to protect and grow its customer base. This short note suggests such restrictions are likely to be found untra vires the provisions of the New Zealand strata title legislation.

Keywords: airbnb restrictions, strata titles restrictions on use, limited powers of a body corporate to restrict use of a unit

Suggested Citation

Thomas, Rod, Can a Body Corporate Tell You What You Can Do in Your Unit? (January 28, 2016). 2 (2016) New Zealand Conveyancing Law and Practice Bulletin , Available at SSRN: https://ssrn.com/abstract=3325565

Rod Thomas (Contact Author)

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

3 Wakefield Street
Private Bag 92006
Auckland Central 1020, Auckland 1010
New Zealand

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

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

European Law Institute ( email )

European Law Institute Secretariat Schottenring 1
Vienna, 1010 Vienn
Austria

IPRA-CINDER ( email )

Diego de León
21, 5ª planta
Madrid, 28006
Spain
+34 91 270 17 90 (Phone)

Australian College of Strata Lawyers ( email )

PO Box 182
Moorooka
Moorooka, Qld
Australia

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