Moving into a Body Corporate? Whether you are an owner occupier, or a tenant, you will need to be aware of any Body Corporate rules specific to the property which govern the community living.

What is a Body Corporate?

A Body Corporate is governed by the Unit Titles Act 2010 and formed to manage and maintain the shared/common areas of a building or complex in a unit title development i.e. driveways, hallways, lifts, gardens, building envelopes/roof etc. 

If you are an owner of a unit title property, then you will be part of a Body Corporate. Tenants are usually advised in their Tenancy Agreement whether their rental property is a Body Corporate or not and the management company.

As part of livingin /owning in a Body Corporate you will also be responsible for adhering to the Body Corporate or ‘Operational’ rules.

Who Makes the Rules?

The Body Corporate Committee or Developer will make the initial rules to help manage the building/complex/grounds. There are also default operational rules set within the Unit Title Regulations 2011. 

A Body Corporate can add or change rules to suit the needs of a Body Corporate as a whole but must be consistent with the Unit Titles Act and any relevant legislation. Members can change or create rules during an Annual General Meeting (AGM) or an Extraordinary General Meeting (EGM). Any member of a Body Corporate can put forward a motion at a meeting but they would need to be approved by a majority of unit owners.

If a motion is passed to amend the rules, the Body Corporate Committee will liaise with a lawyer to update LINZ (Land Information New Zealand) so that the updated rules can take effect.

Common Rules and Examples

Body Corporate Rules need to be fair to everyone living in the Body Corporate. Schedule 1 of the Unit Title Regulations 2011 outlines a few rules including:

• An owner or occupier of a unit must not damage or deface common property.
• An owner or occupier of a unit must not leave rubbish or recycling on common property.
• An owner or occupier of a unit must not create noise or interfere with the use or enjoyment of the common property by others.
• An owner or occupier of a unit must not park on the common property unless the body corporate has designated it for car parking.

Common rules we come across often relate to parking allocations, pets, design, and use of common areas. A Body Corporate may have rules for:

• The number, types, size of pets allowed to live in the Body Corporate.
• Design elements of the Body Corporate e.g. paint colours, garden designs, plants, outside washing.
• Where owners/tenants and visitors can park.
• Not allowing Airbnb short term accommodation or renting.
• Amenity usage such as swimming pools, garden plots, or BBQ area etc.

Learn more about rules here >

Enforcing the Rules

All members of the Body Corporate and owners/tenants need to be provided with a copy of the rules when they move into a unit or unit title property.

For an Owner – A Body Corporate or a Body Corporate Manager can issue a notice asking the person to remedy a breach.

For a Tenant – If a tenant living in the Body Corporate is breaching the rules, a Body Corporate or Body Corporate Manager will contact their unit’s owner/Property Manager.

Further breaches can end up going to the Tenancy Tribunal.   

Our history, experience and industry knowledge have positioned us as the go-to resource for property owners seeking good advice since 1991. Our credibility is built on the successes of our client base, earning us the trust and influence of property professionals and investors. Chat to our Body Corporate team for comprehensive and supportive management of your property. When it comes to your body corporate needs, we have it all taken care of.