Building manager’s apartment

Nadeem asks:
(updated on Wednesday, August 06th 2014)

Are there any laws around on-site building manager apartments? Does the body corporate (BC) have to use that apartment for a manager? What if the manager doesn't want the apartment or if the BC doesn't want to lease it to the manager? Appreciate your help in this regard. Thanks.

Our Experts Answer:

A resourceful, practical and friendly on-site building manager is worth his or her weight in gold to the building’s owners. Generally speaking a term contract is awarded by the BC at the AGM to a building manager for a package including a salary for services and sometimes fully paid or subsidised accommodation within the building. The BC does not own the apartment rather it is owned by a private investor with a lease to the BC for the managers use. It is almost impossible to break this lease prior to the end of the agreed term. Often these leases have a ratchet clause in them which results in a very high rental being paid to the investor. In this case there has been precedent of a lease being renegotiated to a figure more in line with market rent but as I say it’s very difficult and rare to achieve.  Practically speaking a building manager will often sublease the manager’s apartment (often a smaller, ground floor unit with limited outlook) and privately rent a larger apartment with views, higher in the building.

Most Read

Unity First Home Buyer special 4.09
SBS FirstHome Combo 4.19
ICBC 4.49
Kainga Ora 4.59
Co-operative Bank - First Home Special 4.59
AIA - Go Home Loans 4.65
ANZ Special 4.65
ASB Bank 4.65
SBS Bank Special 4.69
TSB Special 4.69
Co-operative Bank - Owner Occ 4.69
China Construction Bank 4.95
Kainga Ora 4.95
ICBC 4.99
Nelson Building Society 5.09
SBS Bank Special 5.19
ASB Bank 5.25
TSB Special 5.25
AIA - Go Home Loans 5.25
Co-operative Bank - Owner Occ 5.29
ANZ Special 5.29
Kiwibank Special 5.29
BNZ - Std 5.49
ICBC 5.65
Kainga Ora 5.69
Co-operative Bank - Owner Occ 5.79
SBS Bank Special 5.79
AIA - Go Home Loans 5.89
ASB Bank 5.89
TSB Special 5.99
Westpac Special 5.99
Kiwibank Special 5.99
China Construction Bank 5.99
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 3.95
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
ICBC 5.39
Kiwibank - Offset 5.75
Kiwibank Special 5.75
Kiwibank 5.75
Unity Standard 5.79