The version of the BC Rules attached to our S&P agreements, drafted by our lawyer using both the Earthsong and regular BC rules song with our own input at the time is perfectly legal. That used the Group Decision Making Process for decision making and it met the Unit Titles Act. It was also perused and accepted by the DCC lawyers.
It also included: e) The Body Corporate may from time to time and by a majority resolution amend these rules or make additional rules, regulations and bylaws for the use and enjoyment of common property or any part thereof. The quorum in a meeting to amend the Rules shall comprise Shareholders present or by proxy who comprise 75% of those Shareholders entitled to vote.
I would be in favour of adding after by a majority resolution "through the group decision making process" (Schedule 2) Shareholders will also need to be amended. Maybe: The quorum in a meeting to amend the Rules shall comprise those present or by proxy who comprise 75% of the Group entitled to show cards. (There is a set of definitions at the beginning of the document.)
I don’t think we need to ask the questions below. It would be prudent in my opinion to finalise the document within the group and then pass it by the lawyer.
Catherine
On 10/07/2020, at 9:07 PM, Min <yblees@orcon.net.nz mailto:yblees@orcon.net.nz> wrote:
I've just read through Earthsong's Body Corp Rules posted on their website, and I think we do need the legal team to clarify two points before moving further with this specific procedure.
- Can we pass resolutions(eg. change bc rules) by "consensus" only, considering the voting process is specified in the Unit Titles Act sections 97, 98 & 101
- Can the Body Corp, as made up by unit owners, pass a resolution allowing/inviting tenants to take part in the decision making process discussion to change body corp rules, even if the tenants / non-owners do not take part in the actual "vote" to change the resolution.
Could the legal liaison committee please get in touch with me, or would the directors be better placed to handle this?
Regards
Min
On 10/07/20 10:34 am, Gay Buckingham wrote:
Could we please ask our legal team to clarify this. Gay Gay Buckingham +64 27 4544012
On 10/07/2020, at 10:32 AM, bluefrog <bluefrog@orcon.net.nz mailto:bluefrog@orcon.net.nz> wrote:
Hi Roz, I'll set aside some time to discuss this at the workshop. However, while all owners legally have a right to participate in the Body Corp, I don't think there is a law that excludes the option of inviting non owners into the body Corp meetings, so long as the owners agree.
It becomes a matter of how inclusive the co-housing community wants to be, as opposed to a standard, ordinary unit title development. In fact making decision by consensus only is already not the normal process for passing bc resolutions.
We can also waive or change the need for a body Corp committee if the owners agree. We could end up with many small commitees like co-housing groups Jan saw in America, rather than one administrating committee that is the norm.
Min
-------- Original message -------- From: Roz Wilson <michael.rosemary@xtra.co.nz mailto:michael.rosemary@xtra.co.nz> Date: 10/07/2020 8:53 am (GMT+12:00) To: alex king <alex@king.net.nz mailto:alex@king.net.nz>, Anne Thomson <e.anne.thomson@gmail.com mailto:e.anne.thomson@gmail.com>, Catherine Spencer <cmspencer.nz@zoho.com mailto:cmspencer.nz@zoho.com>, Claire Loftus <passionforlanguage@gmail.com mailto:passionforlanguage@gmail.com>, Dennis Chan <firstjuly@gmail.com mailto:firstjuly@gmail.com>, donald and miriam <donaldshand18@gmail.com mailto:donaldshand18@gmail.com>, 'Gay Buckingham' <gaybuckingham@tuatara.net.nz mailto:gaybuckingham@tuatara.net.nz>, Jan Burch <jrb5050@gmail.com mailto:jrb5050@gmail.com>, Jessica Shields <jess.alice.shields@gmail.com mailto:jess.alice.shields@gmail.com>, Liz Mitchell <lizfrizzle1962@gmail.com mailto:lizfrizzle1962@gmail.com>, Maria Callau <maria@sur-architecture.com mailto:maria@sur-architecture.com>, marianne quinn <mariannequinn@xtra.co.nz mailto:mariannequinn@xtra.co.nz>, mikehazelnz@gmail.com mailto:mikehazelnz@gmail.com, Min <bluefrog@orcon.net.nz mailto:bluefrog@orcon.net.nz>, ""pauline" <PaulineTaylor" <pauline.anne.taylor@gmail.com mailto:pauline.anne.taylor@gmail.com>, rainer <rainer.ucol@gmail.com mailto:rainer.ucol@gmail.com>, 'Rosemarie Smith' <rose@voland.co.nz mailto:rose@voland.co.nz>, Sander Zwanenburg <sander.zwanenburg@otago.ac.nz mailto:sander.zwanenburg@otago.ac.nz>, Sandy Ross <sfross@xtra.co.nz mailto:sfross@xtra.co.nz>, sara ferreira <ferreirasara@yahoo.com mailto:ferreirasara@yahoo.com>, Susan Jack <susanjjack@gmail.com mailto:susanjjack@gmail.com>, Susan Taylor <taysue70@gmail.com mailto:taysue70@gmail.com>, 'Tim Ross' <tim@architype.co.nz mailto:tim@architype.co.nz>, warren hurley <warren.hurley@orcon.net.nz mailto:warren.hurley@orcon.net.nz> Subject: FW: [Ucol-shareholders] FW: running ucol
Am resending this as seems to have been misunderstood. More reading below:
https://www.consumer.org.nz/articles/unit-titles?gclid=Cj0KCQjwgJv4BRCrARIsA... https://www.consumer.org.nz/articles/unit-titles?gclid=Cj0KCQjwgJv4BRCrARIsAB17JI7YRyAYQ9mPwWCnhxZRrbny-y3zzT9AhcPThfp6NIwCBQzW5JaoPSEaAhSUEALw_wcB https://www.unittitles.govt.nz/body-corporate-how-it-works/#:~:text=Every%20.... https://www.unittitles.govt.nz/body-corporate-how-it-works/#:~:text=Every%20unit%20title%20property%20has,issues%20and%20vote%20on%20decisions.
If earthsong are managing with only one ‘committee’ either they aren’t unit titles or they are breaking the law. Have a feeling I have heard something to suggest it is the former. Regds roz
From: Ucol-shareholders <ucol-shareholders-bounces@list.king.net.nz mailto:ucol-shareholders-bounces@list.king.net.nz> On Behalf Of Roz Wilson Sent: Wednesday, 8 July 2020 8:54 am To: 'UCOL shareholders' <ucol-shareholders@list.king.net.nz mailto:ucol-shareholders@list.king.net.nz> Subject: [Ucol-shareholders] FW: running ucol
Have been reading up about body corporates and how ucol will be run.
Definition of a body corporate: A Body Corporate is a legal entity made up of all the unit owners within a unit titled property.
Definition of a committee: a person or group of persons elected or appointed to perform some service or function, as to investigate, report on, or act upon a particular matter.
Seems we will have two governing bodies, neither of which are actually committees.
The body corp looks after the rules, makes changes to them, polices them if necessary and does the management type tasks. Unless something comes up, maybe a request for a variation, the body corp meets only once a year. It is not a committee because membership is limited to people actually named as owners.
An organising committee, which for us would not be a committee either as membership is looser and no one is actually elected, can include owners, owner’s children, tenants etc and looks after the day to day running of the whole property. Eg when to have working bees, what to do for Christmas and do we really need an ice cream machine.
so can we please discuss membership of the body corp on the 26th as the bit at the bottom of min’s flowchart seems to be contrary to the laws about body corps. Thanks roz