Management agreements in multi‐unit housing developments: Existing models and the New Zealand Unit Titles Acts

Abstract

Purpose

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through applying them to a new jurisdiction: New Zealand.

Design/methodology/approach

The paper uses a combination of case studies from reported legal cases, and a socio‐legal framework, to apply existing models to New Zealand.

Findings

The analysis shows that existing models are accurate, but can be improved and refined through a deeper examination of the issues arising from decided cases. New phenomena were identified that require more attention.

Research limitations/implications

This analysis is restricted to decided cases and empirical research may allow further findings. The research was also limited to New Zealand as a test of existing models.

Practical implications

The analysis in this paper shows that there are difficulties with recent law reforms, and more attention is needed to legislative solutions to the problems identified in existing literature and decided cases.

Social implications

This research may help educate the public about the issues arising from management agreements.

Originality/value

By applying existing models relating to body corporate management agreements and “developer abuse” to a new jurisdiction, this paper shows the usefulness of those models. The models remain to be tested in other jurisdictions, and this paper adds to existing frameworks for those scholars who do so. It will also have use for policy makers in this area.

Citation

Gibbons, T. (2013), "Management agreements in multi‐unit housing developments: Existing models and the New Zealand Unit Titles Acts", International Journal of Law in the Built Environment, Vol. 5 No. 1, pp. 40-52. https://doi.org/10.1108/17561451311312810