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
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
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