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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14206
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Unit Titles Act 2010. At the AGM of our Body Corporate the

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Unit Titles Act 2010.
At the AGM of our Body Corporate the Chairman was re-elected for a period of 3 months to finalise matters he was dealing with in respect of the Body Corporate. At the first meeting after the AGM a (different) committee Chairperson was elected to carry out the functions of the Body Corporate Committee.
The(Body Corporate) Chairman is no longer a principal owner of a unit in our complex (but is a trustee of a company of the principal owner). That owner stated at the AGM that he was the owner and exercised the voting rights for that apartment, but we have subsequently been told (by our "parent body") that the Chairperson is "an associate" under the Act of this owner.
This (Body Corporate) Chairman is continuing to play an active role in all Committee affairs (other than those agreed to at the AGM), and is being deferred to by the (new) Committee Chairperson who is refusing to call a Committee meeting being asked for by other Committee members.
What powers (under the Unit Titles Act) does this (elected?) Body Corporate Chairman have in this regard, particularly with his continued Committee involvement (outside those agreed to at the AGM) and continued voting rights on the Body Corporate Committee?
If he does not resign, is our Body Corporate stuck with him until the next AGM?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

This is governed by the Unit Title Regulations which say

10Election of chairperson

  • (1)A body corporate must elect a chairperson by ordinary resolution at every annual general meeting of the body corporate.

    (2)A candidate for election as chairperson must—

    • (a)be nominated by another unit owner in the unit title development; and

    • (b)consent to the nomination.

    (3)If a candidate for election as chairperson is not a natural person, the candidate must nominate a director to act as chairperson on the candidate's behalf.

    (4)The chairperson must be—

    • (a)the owner of a principal unit in the unit title development; or

    • (b)a director who has been nominated under subclause (3).

    (5)As soon as practicable after the annual general meeting at which he or she is elected, the chairperson must notify every unit owner in the unit title development, by each owner's preferred method of contact, of his or her election to that office.

    (6)Unless a chairperson sooner resigns or is removed from office by ordinary resolution of the body corporate, he or she holds office from the close of the general meeting at which he or she is elected until the close of the next annual general meeting.

    (7)Subject to regulation 12(7), a chairperson is eligible for re-election.

Expert:  Chris The Lawyer replied 10 months ago.

So if a trust owns the unit then it is covered by 10(3) and I assume he was therefore nominated to act by his trust. But he would still be eligible. However if the body corporate resolves he could be removed before the AGM. If the current chair is reluctant that may mean forcing a meeting which can be done.

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