We act for a number of body corporates and owners of units in body corporate complexes.
It is very common for us to be consulted on the question of whether sufficient time has been given in respect to a notice calling for a meeting whether it be an extraordinary meeting or an annual general meeting.
The particular issue can be harder to determine than it sounds particularly where wording in the legislation is not entirely clear.
This has recently seen a judgment from the High Court determine the timeframe that must be provided for the issue of a notice of an extraordinary general meeting by a body corporate.
The wording of the regulations essentially requires a notice of the meeting to be given to every unit owner “at least one week before the date of” the meeting.
The issue that arose was whether or not the date of issue of the notice is included in the computation of time.
Initially the tenancy tribunal held that the date of issue could be included in the calculation of the one week period. The District Court disagreed and held the notice was invalid as there was not a clear seven days between the date of issue and the date of the meeting. This was on the basis that the date of issue of the notice was excluded.
On appeal to the High Court the High Court held that the date of issue of the notice is included in the computation of time and that the notice was therefore valid.
Getting time computations right on notices is essential as it can have a significant impact on the validity of the meeting and what business is conducted at the meeting.
Farry and Co is able to advise on all aspects associated with Unit Titles Act and body corporates.
If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:
Paul Farry
pfarry@farry.co.nz
09 379 0055 or 03 477 8870
The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.