When you own a unit-titled property in New Zealand, you’re not just responsible for your individual unit—you’re also part of a community governed by body corporate rules. These rules help maintain harmony among owners, protect property value, and ensure the shared spaces are used appropriately.
In this article, we’ll explore what body corporate rules are, how they’re established, and how they impact property owners.
What Are Body Corporate Rules?
Body corporate rules, also known as operational rules, are a set of regulations that govern how owners and occupants can use their units and the shared property. These rules are designed to:
Promote harmonious living among unit owners and tenants.
Protect shared spaces and facilities.
Ensure compliance with the Unit Titles Act 2010.
Body corporate rules are legally binding, and all unit owners and residents must follow them.
Examples of Common Body Corporate Rules
While rules vary depending on the property, here are some common examples:
1. Noise Control
Restrictions on loud music, parties, or other disturbances, particularly during specific hours.
2. Pets
Some body corporates may prohibit pets entirely, while others allow them with prior approval.
3. Use of Common Areas
Guidelines for shared spaces, such as restrictions on storing personal items in hallways or using common gardens for private events.
4. Parking Regulations
Rules about where residents and visitors can park.
Prohibitions on parking in spaces allocated to other units or in emergency zones.
5. Property Modifications
Requirements for approval before making external changes to units, such as installing satellite dishes or painting balconies.
6. Waste Disposal
Rules for using rubbish and recycling facilities, including designated collection days.
How Are Body Corporate Rules Created?
1. Default Rules
When a body corporate is first established, it operates under a standard set of rules provided in the Unit Titles Regulations 2011. These default rules cover basic requirements like:
Proper use of common areas.
Preventing nuisance behavior.
2. Custom Rules
Body corporates can create or amend rules to suit their specific property. This requires:
A special resolution passed by at least 75% of voting members at a general meeting.
Lodging the updated rules with Land Information New Zealand (LINZ) to make them legally enforceable.
How Do Body Corporate Rules Affect Owners?
As a unit owner, body corporate rules directly impact how you can use your property and interact with the shared spaces. Here’s what you need to know:
1. Compliance is Mandatory
All owners and occupants must adhere to the rules.
Breaching the rules can lead to penalties, such as fines or legal action.
2. Rules Can Affect Lifestyle Choices
Restrictions on pets or noise may limit how you live in the property.
Parking rules may determine where you or your guests can park.
3. Rules Can Change Over Time
Owners collectively decide on rule changes through a voting process.
Stay informed by attending meetings and reviewing proposed amendments.
What Happens If Rules Are Broken?
When body corporate rules are breached, the body corporate can take action to resolve the issue. This process often involves:
Notifying the Offender: The body corporate will issue a formal notice to the owner or resident, outlining the breach.
Mediation: If the issue isn’t resolved, mediation may be used to reach an agreement.
Legal Action: For serious or ongoing breaches, the body corporate can escalate the matter to the Tenancy Tribunal.
Can You Challenge Body Corporate Rules?
If you believe a rule is unfair or unreasonable, you can challenge it through the following steps:
Raise the Issue: Bring it up during a body corporate meeting to propose changes.
Seek Mediation: Use a mediator to resolve disputes related to the rule.
Apply to the Tribunal: Lodge a complaint with the Tenancy Tribunal if the rule is deemed unlawful or excessively restrictive.
Tips for Navigating Body Corporate Rules
Review the Rules Before Buying: When purchasing a unit, ask for a copy of the current body corporate rules to ensure they align with your lifestyle.
Stay Involved: Attend meetings to stay informed about potential rule changes and vote on decisions.
Communicate: If you’re unsure about a rule, contact the body corporate committee or manager for clarification.
Body corporate rules are an essential part of shared property ownership, ensuring that all owners and occupants can enjoy their property without conflict. While these rules may impose certain restrictions, they play a crucial role in maintaining the safety, value, and harmony of unit-titled developments.
By understanding and complying with the rules, you can make the most of your property while contributing to a well-managed and pleasant community.