Hi,
The one thing I had a question about in the one page "Joining Process for Tenants" was the suggestion that tenants sign the BC rules. I don't think it's a good idea for tenants to sign the body corporate rules, since the BC rules are not an agreement with the tenant.
Under NZ law, each tenant in a unit title development is bound by the body corporate rules whether they agree to it or not. Unit owners are responsible for ensuring tenants follow the rules.
It probably makes sense to make the tenant aware of the rules and use "you will be required to abide by" instead of "you will be required to sign" the rules.
Regarding the Cohousing Membership Agreement, I don't believe the group ("Toiora") can require tenants to sign it. But as owners, we can all agree that we won't let the property unless the tenant agrees to/signs up to the membership agreement. So therefore the requirement to sign up to the Membership Agreement should be in the tenancy agreement. And we could say something like "under your tenancy agreement you will be required to become a member of Toiora and abide by our membership agreement". It's just being clear about where the authority to require them to sign comes from.
The child safety policy I genuinely have no idea about. I suspect it isn't legal for us to "require" this. Probably the we should supply them with it and either use "you will be required to abide by" the policy, or "we request that you sign to show you agree to" it.
Thanks, Alex
On 23/08/21 8:13 pm, Jessica Shields wrote:
Kia ora koutou,
Please find attached -meeting notes from last week's outreach group meeting -the suggested letter of gratitude to the tradies -the suggested joining in process, and memo to unit owners/agents documents
We will be bringing the letter, the joining in process and memo documents to this week's meeting for discussion.
Jess
Ucol-shareholders mailing list Ucol-shareholders@list.king.net.nz https://list.king.net.nz/listinfo/ucol-shareholders