Gulf Harbour Marine Village

"Living the Dream" 

 

Sale & Purchase Information

Attention Real Estate Agents
Download a copy of a Sale & Purchase Agreement specifically for the purchase of property that includes mandatory membership of the Gulf Harbour Marine Village Residents Association Inc (GHMVRAI).
 
Agreement For Sale and Purchase of Gulf Harbour Property (11 pages to print)
 
EXPLANATORY NOTES
It is a condition of being an owner of a residential dwelling in the Gulf Harbour Marine Village, Whangaparaoa, that the owner is a Member of the Gulf Harbour Marine Village Residents’ Association Inc ("the Association").

The Association has been formed to administer the Common Facilities of the Gulf Harbour Marine Village, including the Waterway that is owned privately by the Association, and to provide a means whereby its Members can use and enjoy the Common Facilities. The Association also provides each Member, who by virtue of the terms of the Association’s Constitution, has the right to use and enjoy a marina berth in the Waterway, with a license to use and enjoy their designated berth.

If you require further information about the Association or the Gulf Harbour Marine Village in general you should contact the Secretary/Treasurer of the Association: 

          Crockers

Special conditions that must be included in any Sale & Purchase Agreement for residential property in the Gulf Harbour Marine Village are as follows.

18.    PURCHASER TO BECOME A MEMBER OF THE ASSOCIATION

18.1  Acknowledgement: The Purchaser acknowledges that the Purchaser is entitled and obliged to become and remain a Member of the Gulf Harbour Marine Village Residents’ Association Inc ("the Association").

18.2  Transfer of Association Membership: Contemporaneously with settlement, the Vendor shall procure the transfer, and the Purchaser shall accept the transfer of Membership in the Association. The Purchaser acknowledges that, under the provisions of the Constitution, there are two categories of Residential Membership in the Association, namely:

  1. Residential Membership, being a membership in the Association held by a Member who has not, by virtue of the terms of the Constitution, obtained a license to use and enjoy a Berth in the Waterway; and
  2. Residential Berth Membership, being a membership in the Association held by a Member who has, by virtue of the terms of the Constitution, obtained a license to use and enjoy a Berth in the Waterway; and
  3. The category of Membership which the Purchaser shall hold shall be appropriate to the subject matter of this Agreement.


18.3  Vendor to Procure the Transfer of Membership: In accordance with paragraph (c) of rule 4.4 of the Constitution, the Vendor shall procure the Purchaser to enter into, execute and deliver to the Association an Acknowledgement of Membership in the form set out in Schedule 6 of the Constitution. The Vendor shall provide the Purchaser with the appropriate Acknowledgement of Membership documentation concurrently with the registerable memorandum of transfer of the dwelling required to be handed to the Purchaser pursuant to clause 3 of the general conditions of sale.

18.4  Apportionments and Indemnities: All costs and levies payable by Members to the Association under the terms of the Constitution shall be apportioned at settlement. The Vendor indemnifies the Purchaser from liability for non-payment of any such costs and levies payable by the Vendor before settlement and the Purchaser indemnifies the Vendor from liability for non-payment of any such costs and levies payable by the Purchaser after settlement.

19.   BERTHS                   

19.1  Berth Part Sale: If the Vendor currently has, by virtue of the terms of the Constitution, a license to use a Berth on the Waterway, then regardless of whether that Berth is specified in this Agreement, the Berth license shall be transferred as part of the sale subject to this Agreement.

19.2  Berth License Entitlements: Where the Purchaser shall, following the transfer of Membership in the Association to the Purchaser pursuant to clause 15.3 hold a Residential Berth Membership in the Association, the Purchaser acknowledges that, under the terms of the Constitution and by virtue of the Purchaser holding a Residential Berth Membership in the Association:

a.   the terms of the Purchaser’s Berth License shall be those stipulated in rule 7.2 of the Constitution and the Purchaser will not receive a separate deed of license on settlement; and

b.   the Purchaser’s right in respect of the Berth and the Waterway shall only exist while the Purchaser is the holder in good standing of the relevant Residential Berth Membership in the Association.

DISCLAIMER
These special conditions of sale have been prepared for insertion by Real Estate Agents into Agreements for the onward sale of dwellings within the Gulf Harbour Marine Village. While all care has been taken in the preparation of these special conditions, we accept no liability that may arise from their use thereof.