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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19099
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Good morning, My question involves Body Corporate voting rights.

Resolved Question:

Good morning, My question involves Body Corporate voting rights. In a building that is made up of apartments and a commercial business/restaurant/bar at the bottom of the building does the owner of the commercial premises in the building which amasses 19% of the building have 19% of voting rights. Or, is the commercial premises viewed as being one unit as each apartment is ie; one percentage of voting rights (one vote). Thank you.

Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : This is covered by Section 97 of the Unit Titles -
christhelawyer : Act which says
christhelawyer : 97Counting of votes for ordinary resolution subject to request for poll(1)This section applies if a motion is to be decided by ordinary resolution, subject to a request for a poll, at a general meeting of a body corporate.(2)One vote only may be exercised for each principal unit.(3)A subsidiary body corporate representative has 1 vote for the principal unit that was subdivided to create the subsidiary unit title development.(4)For a body corporate meeting to pass an ordinary resolution, a majority in number of the eligible voters who vote on the resolution must vote in favour of the resolution.(5)An eligible voter whose interest in his or her unit is subject to a registered mortgage must, if required by that mortgage, obtain the consent of the mortgagee before exercising a vote.(6)An ordinary resolution passed under this section is subject to a request for a poll under section 99 and the motion being confirmed by that poll.
christhelawyer : So it is one vote per unit
Customer:

Thanks, XXXXX XXXXX title is one unit, regardless whether one title is for a studio apartment and another is for two complete floors of the building?

christhelawyer : That is what the act says, one vote for each unit
christhelawyer : Each unit has one title
Customer:

Thanks; and one title equals one vote.

christhelawyer : yes
Customer:

thank you!

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19099
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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