Published tribunal order
Tenancy Tribunal case 9041464 — Leaks in Mount Eden, Auckland
Decided 9 Nov 2023 · Published 9 Nov 2023 · Application 9041464
Landlord favoured
- Leaks
Order
- Marjorie Beckett must pay Body Corporate 87518 $26,875.87 immediately, calculated as follows: DescriptionsApplicant levies$14,400.00 gardens$2,419.60 Plumbing$1,174.93 bin area$141.12 carport roof$108.43 common areas$491.42 Costs$3,200.00 Interest$4,090.37 Filing Fee$850.00 Total payable by Respondent to Applicant $26,875.87
Reasons
- Only the Body Corporate attended the hearing. I am satisfied the unit owner was served with the applications and the notice of hearing.
- The body corporate has applied for recovery of unpaid levies, compensation for costs incurred for work done, interest, 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 amount claimed. On-Charges
- The body corporate seeks reimbursements of the costs of cutting back trees and clearing weeds from the garden of the principal unit following complaints from other unit owners about the state of the garden, and issues with rodents, together with a ¼ contribution to work done on the carport roof, spouting and a bin storage area that benefits 4 of the units.
- The unit owner does not reside in New Zealand and has not appointed and notified the BC of an agent to represent her. The body corporate may enforce the body corporate rules in her absence. One of those rules includes not interfering with the quiet enjoyment of other unit owners.
- Further s126 and s138(4) of the Act both authorise the body corporate to undertake repairs and maintenance, and where those repairs or maintenance are for the benefit of one unit, pass the costs of the work on to the unit owner.
- I am satisfied that the work undertaken was necessary and was for the benefit of the principal unit. Accordingly, the amounts sought is proved.
Is the Unit owner 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. See section 128 Unit Titles Act 2010.
- The body corporate has resolved to charge interest at 5% per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to the hearing date.
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.