Published tribunal order
Tenancy Tribunal case 9052984 — Unit Titles in Akaroa, Akaroa
Decided 31 Oct 2024 · Published 31 Oct 2024 · Application 9052984
Mixed / unclear
- Unit Titles
- Ordinary Levy
- Special Levy
- Costs
Order
- Chrystal Layne Hepi must pay Body Corporate 53131 $4,466.18 immediately, calculated as follows: DescriptionsApplicant Ordinary Levies for 2022, 2023 & 2024$3,054.45 Special Levy – retaining wall$250.00 Costs$661.73 Filing Fee$500.00 Total award$4,466.18
Reasons
- A representative of the Body Corporate attended the hearing. The unit owner did not attend by the video link provided with the Notice of Hearing. She did not answer calls made to the phone numbers listed in the application form.
- The body corporate has applied for recovery of unpaid levies, costs and the filing fee from the unit owner.
Does the Unit Owner owe the levies claimed?
- A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
- 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 owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amounts claimed.
Is the Unit owner 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. In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, 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.
- Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.