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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23063
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi ,this is a question relating to bodycorp law We are currently

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Hi ,this is a question relating to bodycorp law
We are currently leasing a business on a month to month basis till the new lease is sorted out ,the landlord owns about 60% of the buildings in the block or small mall area and he is keen for the lease o be granted ,,however he is being blocked by the rest ( IE 40% approx of owners ) who don't want it to happen
It appears on the face of it that they can override him an effectively shut our business down
I await with intrest your reply

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : This sounds unusual. Normally an owner of a unit in a body corporate is free to lease out the unit to whoever they want. I have never heard of a commercial unit requiring body corporate consent like this, although it would be possible to put this in body corporate rules. Are you sure you are getting the correct story from the landlord?
christhelawyer : Voting for a special resolution requires a 75% majority of owners, so if this requires a special resolution then your landlord could not force the issue.
Customer: the landlord is very keen for us to continue in business on the site ,he even had plans to revamp the building an I have no reason to not believe him as there will be quite a loss of income for him ,,,we believe the building will be taken down if the lease is not granted
christhelawyer : However an ordinary resolution can be just a majority and so I again question why a leasing decision needs a special resolution. Without seeing the body corporate rules it is not possible to comment whether the landlord is correct, but you may want to ask him why a lease decision needs a special resolution.
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