New Zealand Law
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How many other unit holders are there? The body corporate does exist but may not have had any meetings. This can be resolved but there are issues of insurance, maintenance plans and reserve funds which the body corporate needs to decide on at some stage. So this should not be critical to your clients but sooner or later this will need to be sorted. If there is only 1 or 2 other units you can be fairly informal, but the settlement disclosure could be an issue if not certified.
If there is no functioning body corporate then the certificates will be a problem for the seller. Section 147 of the Unit Titles Act says such a certificate must be provided on sale, so the seller wil need to call a meeting of the body corporate to arrange this.
In the absence of a functioning body corporate I think the certificate should be from all the owners
Pre-contract disclosure to prospective buyer
(1)Before a buyer enters into an agreement for sale and purchase of a unit the seller must provide a disclosure statement (a pre-contract disclosure statement) to the buyer.
(2)The pre-contract disclosure statement must be in the prescribed form and contain the prescribed information.
Pre-settlement disclosure to buyer
(1)This section applies if a buyer and a seller have entered into an agreement for sale and purchase.
(2)No later than the fifth working day before the settlement date, the seller must provide a disclosure statement (a pre-settlement disclosure statement) to the buyer.
(3)The pre-settlement disclosure statement—
(a)must contain the prescribed information; and
(b)must contain a certificate given by the body corporate certifying that the information in the statement is correct.
(4)A body corporate may withhold a certificate referred to in subsection (3)(b) if any debt that is due to the body corporate by the unit owner is unpaid.
The prescribed information is in regulation 35
Pre-settlement disclosure statement
The following information is prescribed for the purposes of section 147(3)(a) of the Act (which requires a pre-settlement disclosure statement to contain the prescribed information):
(a)the unit number; and
(b)the body corporate number; and
(c)the amount of the contribution levied by the body corporate under section 121 of the Act in respect of the unit being sold; and
(d)the period covered by such contribution; and
(e)the manner of payment of the levy; and
(f)the date on or before which payment of the levy is due; and
(g)whether a levy, or part of a levy, due to the body corporate is unpaid and, if so, the amount of the unpaid levy; and
(h)whether legal proceedings have been instituted in relation to any unpaid levy; and
(i)whether any metered charges due to the body corporate are unpaid and, if so, the amount of unpaid metered charges; and
(j)whether any costs relating to repairs to building elements or infrastructure contained in the unit are unpaid and, if so, the amount of unpaid costs; and
(k)the rate at which interest is accruing on any money owing to the body corporate by the seller; and
(l)whether there are any proceedings pending against the body corporate in any court or tribunal; and
(m)whether there have been any changes to the body corporate operational rules since—
(i)the additional disclosure statement, if one has been provided; or
(ii)the pre-contract disclosure statement.