What is Section 104 of the Unit Titles Act?

Asked by: Leland Lehner  |  Last update: May 5, 2026
Score: 4.8/5 (64 votes)

Section 104 of New Zealand's Unit Titles Act 2010 allows a body corporate to pass resolutions without holding a full general meeting, enabling decisions by written consent, provided notice is given and the required majority (ordinary or special) signs the resolution, making it as valid as if voted on at a meeting. This mechanism simplifies decision-making, especially for common issues, using prescribed forms for written agreement from eligible voters.

What is Section 104 of the Unit Titles Act 2010?

104 Passing of resolution without general meeting

A resolution in writing signed by a majority of eligible voters in respect of an ordinary resolution, and not less than 75% of eligible voters in respect of a special resolution, is as valid as if it had been passed at a meeting of those voters.

What is Section 104 of the Transfer of property Act?

104. The 2[Supreme Court] may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter.

What is the Unit Titles Act?

A unit title is a form of property ownership where each owner owns a defined part of the development, such as an apartment, and has shared ownership of common property, such as driveways and lifts. The Unit Titles Act 2010 (UTA) provides a regulatory framework for the ownership and management of unit titles.

What is the special resolution of the Unit Titles Act?

A body corporate may, by special resolution at a general meeting, decide to reassess the ownership interest or utility interest, or both, for each unit and assign to each unit the new interest or interests.

Tips When Buying A Unit Title Property!

23 related questions found

Can you convert a unit title to freehold?

Although the unit title conversion has a different legal and technical process to cross lease conversions, we are able to effectively convert your unit title leases to freehold for the same, one-off, affordable fixed cost.

What is the purpose of a special resolution?

A special resolution is a method of passing a company decision that requires at least 75% of the votes cast by shareholders to be in favour of it. The more 'ordinary' company decisions require an ordinary resolution to be passed.

What not to say to your landlord?

When talking to a landlord, avoid badmouthing previous landlords, lying about pets or lease terms, making unreasonable demands (like painting black or having many guests), complaining excessively, mentioning illegal activities, or asking intrusive questions; instead, focus on being a responsible tenant who pays rent on time and respects the property to build trust and a good rental history.
 

Which type of title gives the highest rights of ownership?

Property News! Land Types

  • FeeSimple (also known as freehold) A fee simple title is the highest form of landownership in New Zealand after the Crown and is also the most common. ...
  • Leasehold. ...
  • Crosslease. ...
  • UnitTitle.

What are three types of property?

The three fundamental types of property are Real Property (land and buildings), Personal Property (movable items like cars, furniture), and Intellectual Property (intangible creations like patents, copyrights), though they are often categorized more broadly in economics as Private, Public, and Collective ownership. Legal systems often distinguish between immovable (real) and movable (personal) property, and tangible (physical) versus intangible (non-physical) assets. 

What are the implications of article 104?

Service members convicted of an Article 104 violation face the three maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Who is first in line for inheritance?

The person first in line for inheritance, when someone dies without a will (intestate), is usually the surviving spouse, followed by the deceased's children, then parents, and then siblings, though exact state laws vary, with designated beneficiaries named in accounts like life insurance overriding these rules. 

What kind of property may not be transferred under the Transfer of Property Act?

This includes items dedicated to public or religious uses, or service inam, which cannot be transferred. Additionally, any transfer made for an unlawful object or consideration is invalid, aligning with Section 23 of the Indian Contract Act.

Do you own the land under your property?

You probably own the land

Generally speaking, it's likely that you own the property underneath and around your house.

What are the disadvantages of freehold property?

Disadvantages: Higher purchase cost: Freehold properties often come with a higher initial price tag than properties. Maintenance responsibilities: Owning the land means you're solely responsible for all maintenance, a significant difference between freeholder and leaseholder.

What counts as a dwelling?

A dwelling is a domestic property that someone can live in, such as a house, flat, bungalow, or maisonette. Annexes, mobile homes, and houseboats can also be classed as dwellings.

What is the strongest form of ownership?

Fee simple ownership is the highest form of property ownership in real estate. It grants the owner complete rights to both the land and any improvements. Fee simple owners have the right to use, sell, lease, or bequeath the property as they see fit.

Can you be kicked out of a leasehold property?

The landlord (usually the freeholder) should only be able to evict the leaseholder if they can prove the lease has been breached, though this is very rare. This page is about leasehold properties.

Which deed is most commonly used to clear a title?

Quitclaim deeds are often used to transfer property into a trust or to clarify ownership for any beneficiaries after the death of the property owner. Correcting title defects.

What do landlords fear the most?

What Landlords Fear Most. We conducted a pre-Halloween survey where we asked the question, “What is the scariest part of being a landlord?” Of the options offered, ranging from tenant screening worries to foreclosures and finance, one area emerged as a strong concern: that a tenant would damage a rental unit.

Which of the following actions by a landlord would be illegal?

It's illegal for landlords to discriminate, harass, or retaliate against tenants, and they cannot perform "self-help" evictions like changing locks or shutting off utilities; they must follow proper court procedures, maintain habitable conditions (no pests, water issues), provide proper notice for entry and rent increases, and handle security deposits legally, respecting tenant rights to privacy and safety. 

What is the 2% rule in rental property?

The "2% rule" in rental property investing is a quick screening tool suggesting the gross monthly rent should be at least 2% of the property's purchase price, meaning a $100,000 property should rent for $2,000/month, helping identify potentially profitable deals with positive cash flow early on, though it's a simplified metric that doesn't account for all expenses like maintenance, taxes, or vacancies, making further analysis essential. 

Who can block a special resolution?

Significantly, if you have 25% or more shares, either yourself or together with other minority shareholders, you can block special resolutions. Special resolutions are generally needed to change the company's articles of association, to remove directors or to buy back shares.

What is the round robin approval process?

A round robin resolution is simply a written vote circulated by the trustees or managing agent, where each owner is invited to vote “for” or “against” a proposed resolution without holding a general meeting. This method is particularly useful when: A special or unanimous resolution is needed between scheduled meetings.

How long is a special resolution valid?

Regulation 88 - Validity of the special resolution | Companies Act Integrated Ready Reckoner|Companies Act 2013|CAIRR. (1) Allotment pursuant to the special resolution referred to in clause (a) of regulation 82 shall be completed within a period of twelve months from the date of passing of the resolution.