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Answered in 1 minute by:
2/12/2014
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : Is it a term of the Body Corporate Rules that they are for the over 60 age group?
Customer:
It is registered on the title to the property We do not have formal rules as the number of units is only three.
Chris The Lawyer : There is a power under the Unit Titles Act to bring a complaint like this to the tenancy tribunal. The act says
Chris The Lawyer : (3A)Without limiting the provisions of the Residential Tenancies Act 1986 that apply to a Tenancy Tribunal by virtue of section 176 of this Act, a Tenancy Tribunal may, in relation to a unit title dispute within its jurisdiction under this section, do any of the following:(a)order any party to do anything necessary to remedy a breach by that party of an obligation arising under this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute:(b)order any party to refrain from doing anything that would constitute a breach of an obligation arising under this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute:(c)make any supplementary orders of a consequential or ancillary nature necessary to exercise or perfect the exercise of any of its jurisdiction.
Chris The Lawyer : So you can bring a case in the tribunal to enforce this covenant on the title.
Customer:
Sorry it is in Notice of Change of rules of Body Corp. Proprietor shall ensure that their Unit shall only be occupied by a person ages 60 years or more or if there is more than one occupier at least one such person shall be aged over 60 years.
Chris The Lawyer : That is still able to be heard in the Tribunal. You can make an application to the tribunal asking for an order requiring the owner to comply.
Customer:
Is that expensive. and do I need a lawyer to assist.
Chris The Lawyer : It is not expensive and you do not need a lawyer. Look at this site
Chris The Lawyer : http://www.dbh.govt.nz/unit-titles-dispute-resolution
Chris The Lawyer : this gives an overview of the system and the forms you need.
Customer:
Thank you :)
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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