Published tribunal order
Tenancy Tribunal case 9046504 — Unit Titles in Auckland, Auckland
Decided 24 Oct 2023 · Published 24 Oct 2023 · Application 9046504
Mixed / unclear
- Unit Titles
Order
Gesi Zhao and Wanjiag Zhao must pay Body Corporate 354994 $0.00 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary levies $4,230.10 Interest on levies $322.18 Water charges $1,367.79 Interest on water charges $67.38 BBCL - debt collection costs $1,181.50 BBCL - prep and attendance fees $784.88 Filing Fee $500.00 Total award $8,453.83
Reasons
- Helen Athy from Boutique Body Corporates attended the hearing for the body corporate.
- The unit owners did not attend. The electronic file indicates that they were given proper notice of the hearing. The hearing proceeded in their absence.
- The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
Do the unit owners owe the levies claimed?
- A unit owner must pay all body corporate levies and outgoings payable for the unit. 1
- The body corporate has determined the levies payable and unit owner's share has been calculated according to their utility interest.
- The body corporate has fixed the due date for the levies to be paid, and the unit owners have not paid the levies by that date. The body corporate has provided records to prove the amount claimed.
Are the unit owners liable for interest?
- If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10% per annum. 2
- I understand the body corporate has resolved to charge interest at 10% per annum on unpaid levies. The body corporate has proved the amount of interest owing from the due date to the hearing date.
Are the unit owners liable for costs?
- Pursuant to section 124 UTA, and as resolved at meetings of the body corporate, the body corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the body corporate.
- The Tribunal must order that the reasonable costs incurred by the body corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable. 3 1 Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121(1). 2 UTA, s124(1).
- Because the body corporate has succeeded with the claim, the unit owners must reimburse the body corporate for the filing fee.