Hi All,
thank you Min and Warren for both your contributions, very helpful!
up first, there are the Unit Titles Act 2010 http://www.legislation.govt.nz/act/public/2010/0022/31.0/whole.html Unit Titles Regulations 2011 http://www.legislation.govt.nz/regulation/public/2011/0122/latest/whole.html Both legislations are post Earthsong’s beginnings.
I am in favour of having a tight Body Corp for the owners of the units, which is as concise as possible with everything necessary to comply with the legal requirements of the Unit Title Act, and which is mainly in regards to maintenance and upkeep of the buildings. (I was surprised how brief the operational rules in the Unit Titles Regulation are and think we can adopt them as they are, see attached). This body corp includes the voting rights and procedures as set out in the act. However I envisage that we will use our trusted consensus decision making process as much as possible (if not always).
We can then take out all other operational rules, which form the guidelines of how we as a neighbourhood want to live together (like common meals, smoking, guns on site, washing lines, pets etc) and put them on a different piece of paper. In my view, changes to these guidelines should be made by all members of Toiora with our consensus decision making process. Changes don’t need to be deposited with lands and survey as otherwise required by the Unit Titles Act. These guidelines don’t even need to go past any lawyer!
Finally, I am a little perplexed by us wanting to be different regarding rules and decision making process, but seem to be hung up on getting everything written up tightly to be sealed with everyones signature in front of lawyers…
regards Rainer
http://www.legislation.govt.nz/regulation/public/2011/0122/latest/DLM3695770...
Schedule 1 Body corporate operational rules r 21 http://www.legislation.govt.nz/regulation/public/2011/0122/latest/link.aspx?id=DLM3695747#DLM3695747 1 An owner or occupier of a unit must not— (a) damage or deface the common property: (b) leave rubbish or recycling material on the common property: (c) create noise likely to interfere with the use or enjoyment of the unit title development by other owners or occupiers: (d) park on the common property unless the body corporate has designated it for car parking, or the body corporate consents: (e) interfere with the reasonable use or enjoyment of the common property by other owners or occupiers. 2 An owner or occupier of a unit must dispose of rubbish hygienically and tidily.
Please call me if you need an urgent reply. Rainer Beneke +64 21 144 7700
rainer.ucol@gmail.com
On 16/07/2020, at 9:28 PM, Min yblees@orcon.net.nz wrote:
Hello everyone,
At our last group meeting, there was some intense discussion about my recent proposal for the process to change body corp rules. Specifically, whether we decide to change Body Corp Rules by consensus only, or if there should also be a voting option.
This has turned out to be a part of our Rules that ends up being quite contentious, and difficult to reach consensus on. It is by no means the only part.
However, what has come out of the brainstorming for the procedure to change BC rules, is the idea of wearing "two hats" as Donald put it. Warren was then inspired to write up his 'Tight vs Loose Cultures" document explaining our experience of having sections of the BC Rules where we will discuss a sticking point for hours, unable to reach consensus.
Would everyone please read the "Tight vs Loose Cultures" document by Warren.
I have also attached as statement from me about how I plan to move forwards with the Body Corp rules. I will be working on the updated document this weekend, and the upcoming workshop will be a test of this new tight vs loose paradigm. A copy of the Rules will be sent out to all members before the workshop.
Warren and I will be available at the next Thursday group meeting to clarify any items and answer questions.
Regards
Min
<Tight vs Loose Cultures-byWarren.docx><Tight Structure Body Corp Outline - by Min.docx>_______________________________________________ Ucol-shareholders mailing list Ucol-shareholders@list.king.net.nz https://list.king.net.nz/listinfo/ucol-shareholders