How much money was awarded in case 9071944?

BC Manager'S Debt Recovery Cost: $729.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $183.28 awarded to landlord; Lawyers' Appearance Fees Cost: $287.50 awarded to landlord; Legal Fees And Disbursements Costs: $3,947.25 awarded to landlord; Unpaid Special Levies: $3,220.00 awarded to landlord

What type of tenancy dispute was case 9071944?

The primary dispute was Unit Titles. Related themes: Special Levy, Interest, Costs.

Where can I read the official tribunal order for case 9071944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12731577-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9071944?

BC Manager'S Debt Recovery Cost: $729.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $183.28 awarded to landlord; Lawyers' Appearance Fees Cost: $287.50 awarded to landlord; Legal Fees And Disbursements Costs: $3,947.25 awarded to landlord; Unpaid Special Levies: $3,220.00 awarded to landlord

What type of tenancy dispute was case 9071944?

The primary dispute was Unit Titles. Related themes: Special Levy, Interest, Costs.

Where can I read the official tribunal order for case 9071944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12731577-UTA_Tribunal_Order.pdf.

Orewa, Orewa Tenancy Tribunal Case 9071944 — Unit Titles

Q: What was Tenancy Tribunal case 9071944 about?

The tribunal order states: [The party] must pay Body Corporate 462479 $8,867.53 immediately, calculated as

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Orewa, Orewa Tenancy Tribunal Case 9071944 — Unit Titles | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9071944. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unpaid special levies	$3,220.00	Unpaid special levies
Interest on unpaid levies	$183.28	Interest on unpaid levies
BC manager's debt recovery cost	$729.50	BC manager's debt recovery cost
Legal fees and disbursements costs	$3,947.25	Legal fees and disbursements costs
Lawyers' appearance fees cost	$287.50	Lawyers' appearance fees cost
Filing Fee	$500.00	Filing Fee

Claims and awards for application 9071944. Verify on MoJ.

Unpaid special levies

Amount: $3,220.00
Awarded to: Landlord
Reason: Unpaid special levies

Interest on unpaid levies

Amount: $183.28
Awarded to: Landlord
Reason: Interest on unpaid levies

BC manager's debt recovery cost

Amount: $729.50
Awarded to: Landlord
Reason: BC manager's debt recovery cost

Legal fees and disbursements costs

Amount: $3,947.25
Awarded to: Landlord
Reason: Legal fees and disbursements costs

Lawyers' appearance fees cost

Amount: $287.50
Awarded to: Landlord
Reason: Lawyers' appearance fees cost

Claim types — money lines allowed on this order

Filing Fee Interest

Order

[The party] must pay Body Corporate 462479 $8,867.53 immediately, calculated as follows: DescriptionsAmounts Unpaid special levies$3,220.00 Interest on unpaid levies$183.28 BC manager's debt recovery cost$729.50 Legal fees and disbursements costs$3,947.25 Lawyers' appearance fees cost$287.50 Filing Fee$500.00 Total award$8,867.53

Reasons

The hearing was conducted remotely on Microsoft Teams by video.
Clinton Baker and Ashleigh Donovan of Price Baker Berridge, Barristers and Solicitors appeared for the body corporate.
[The party] attended with Sarah Laurie, her daughter.
The body corporate applies for orders for the recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

Does Ms Holt owe the levies claimed?

A unit owner must pay all body corporate levies 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 owner has not paid the levies by that date. 2 The body corporate has provided records to prove the amount claimed.
The levies were raised to top up the body corporate’s “building investigation fund”. That fund relates to ongoing litigation in the High Court in which the body corporate is the plaintiff. The unit owner was previously a second plaintiff in those proceedings but has discontinued her proceedings.
Ms Holt disagrees with the body corporate’s conduct of the High Court proceedings and considers that her unit is not affected by the subject matter of the proceedings. However, I cannot see that the unit owner can opt out of the proceedings. She is a member of the body corporate, and the majority of members have spoken by way of voting for resolutions to bring the proceedings and continue with them, including raising levies for those purposes. Nothing that Ms Holt and Ms Laurie submitted raised a cogent argument that Ms Holt is not liable for the levies, presumably as every other unit owner is.
The Tribunal orders Ms Holt to pay the unpaid levies.

Is Ms Holt liable for interest?

If a unit owner fails to pay levies by the due date, interest may accrue on the unpaid balance. A body corporate may charge interest up to 10 percent per annum. 3
Ms Holt does not dispute the body corporate’s interest calculation.
The Tribunal allows the claim for interest. 1 Unit Titles Act 2010 (UTA) ss 80(1)(f) and 121(1). 2 UTA s 124(1). 3 UTA s 128. Must Ms Holt pay the body corporate’s costs incurred to recover the levies?
Body corporates are entitled to recover any reasonable costs they incur to collect unpaid levies “as a debt due to the body corporate” by the owner. 4
The body corporate has incurred costs from its body corporate manager and its lawyers in order to pursue Ms Holt for not paying her levies. The costs are in keeping with similar applications the Tribunal hears and they appear reasonable.
The Tribunal must order Ms Holt to reimburse the body corporate for the cost of the filing fee. 5

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9071944. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unpaid special levies	$3,220.00	Unpaid special levies
Interest on unpaid levies	$183.28	Interest on unpaid levies
BC manager's debt recovery cost	$729.50	BC manager's debt recovery cost
Legal fees and disbursements costs	$3,947.25	Legal fees and disbursements costs
Lawyers' appearance fees cost	$287.50	Lawyers' appearance fees cost
Filing Fee	$500.00	Filing Fee

Claims and awards for application 9071944. Verify on MoJ.

Unpaid special levies

Amount: $3,220.00
Awarded to: Landlord
Reason: Unpaid special levies

Interest on unpaid levies

Amount: $183.28
Awarded to: Landlord
Reason: Interest on unpaid levies

BC manager's debt recovery cost

Amount: $729.50
Awarded to: Landlord
Reason: BC manager's debt recovery cost

Legal fees and disbursements costs

Amount: $3,947.25
Awarded to: Landlord
Reason: Legal fees and disbursements costs

Lawyers' appearance fees cost

Amount: $287.50
Awarded to: Landlord
Reason: Lawyers' appearance fees cost

Claim types — money lines allowed on this order

Filing Fee Interest

Order

Reasons

The hearing was conducted remotely on Microsoft Teams by video.
Clinton Baker and Ashleigh Donovan of Price Baker Berridge, Barristers and Solicitors appeared for the body corporate.
[The party] attended with Sarah Laurie, her daughter.
The body corporate applies for orders for the recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

Does Ms Holt owe the levies claimed?

A unit owner must pay all body corporate levies 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 owner has not paid the levies by that date. 2 The body corporate has provided records to prove the amount claimed.
The levies were raised to top up the body corporate’s “building investigation fund”. That fund relates to ongoing litigation in the High Court in which the body corporate is the plaintiff. The unit owner was previously a second plaintiff in those proceedings but has discontinued her proceedings.
Ms Holt disagrees with the body corporate’s conduct of the High Court proceedings and considers that her unit is not affected by the subject matter of the proceedings. However, I cannot see that the unit owner can opt out of the proceedings. She is a member of the body corporate, and the majority of members have spoken by way of voting for resolutions to bring the proceedings and continue with them, including raising levies for those purposes. Nothing that Ms Holt and Ms Laurie submitted raised a cogent argument that Ms Holt is not liable for the levies, presumably as every other unit owner is.
The Tribunal orders Ms Holt to pay the unpaid levies.

Is Ms Holt liable for interest?

If a unit owner fails to pay levies by the due date, interest may accrue on the unpaid balance. A body corporate may charge interest up to 10 percent per annum. 3
Ms Holt does not dispute the body corporate’s interest calculation.
The Tribunal allows the claim for interest. 1 Unit Titles Act 2010 (UTA) ss 80(1)(f) and 121(1). 2 UTA s 124(1). 3 UTA s 128. Must Ms Holt pay the body corporate’s costs incurred to recover the levies?
Body corporates are entitled to recover any reasonable costs they incur to collect unpaid levies “as a debt due to the body corporate” by the owner. 4
The body corporate has incurred costs from its body corporate manager and its lawyers in order to pursue Ms Holt for not paying her levies. The costs are in keeping with similar applications the Tribunal hears and they appear reasonable.
The Tribunal must order Ms Holt to reimburse the body corporate for the cost of the filing fee. 5

Tenancy Tribunal case 9071944 — Unit Titles in Orewa, Orewa

At a glance

Tenancy Tribunal case 9071944 — Unit Titles in Orewa, Orewa

At a glance

Claims & awards

Order

Reasons

Does Ms Holt owe the levies claimed?

Is Ms Holt liable for interest?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does Ms Holt owe the levies claimed?

Is Ms Holt liable for interest?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions