Schemes to remediate leaky apartment buildings must have ‘broad support’ before costs can be forced onto unwilling owners. Remediation of a ten storey Auckland residential block was sent back for another vote despite a substantial majority in support; no-shows meant only twenty apartment owners out of 62 registered a vote in favour.
The apartment block in Emily Place, central Auckland, has weather-tightness issues on the roof and upper floors; much of it common area, meaning repair costs generally fall on all apartment owners. A scheme of repair was put to owners with High Court approval sought under the Unit Titles Act to force dissenting owners into the scheme. At an owners’ meeting in November 2019: twenty voted in favour, eight against; one abstained.
Justice Lang ruled turnout was insufficient to get court approval. Implementing repair schemes can cause significant conflict between apartment owners. Broad support is needed before unwilling owners are forced into a scheme. A second owners’ meeting was ordered, with updated information required: estimated start date, repair duration and cost.
re: 22 Emily Place – High Court (29.06.20)
20.111