What was the outcome of Tenancy Tribunal case 9045324?

The tribunal order states: Steven Joseph Parker, Lynne Pamela Parker must pay Body Corporate 209549

How much money was awarded in case 9045324?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9045324?

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

Where can I read the official tribunal order for case 9045324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9477482-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9045324?

The tribunal order states: Steven Joseph Parker, Lynne Pamela Parker must pay Body Corporate 209549

How much money was awarded in case 9045324?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9045324?

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

Where can I read the official tribunal order for case 9045324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9477482-UTA_Tribunal_Order.pdf.

Gulf Harbour, Auckland Tenancy Tribunal Case 9045324 — Unit Titles

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Gulf Harbour, Auckland Tenancy Tribunal Case 9045324 — Unit Titles | TenantCheck

Order

Steven Joseph Parker, Lynne Pamela Parker must pay Body Corporate 209549 $8,685.62 immediately, calculated as follows: DescriptionsRespondent Ordinary Levy$5,043.74 Interest$272.61 Water charges$260.97 Interest$26.79 Costs: BBCL - pre-contract docs$595.13 Costs: BBCL$1,201.50 Costs: BBCL$784.88 Filing $500.00 Total award$8,685.62

Reasons

Winnie Yao of Boutique Body Corporate & Community Managers (BBCM) attended for the body corporate.
Steven Parker attended for the owners.
The body corporate has applied for recovery of unpaid levies, metered charges, interest, costs and the filing fee from the unit owner.

Do the unit owners owe the levies, and on-charges claimed?

A unit owner must pay all body corporate levies, charges, 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 determined the metered water charges in accordance with the units’ meter readings. The fixed water charges are likely to be in the nature of a levy because it is a portion of a charge that the body corporate must pay to ensure that water is supplied to all the units.
The body corporate fixed the due date for the levies and water use charges to be paid and the unit owners did not pay the levies or water charges by that date.
Ms Yao provided records to prove the amounts claimed.
The body corporate on-charged the unit owners for BBCM’s costs to provide the unit owners with precontract disclosure documentation at the owners’ request for the purposes of putting the units up for sale.
I am satisfied the unit owners owe the body corporate the amount claimed for the precontract disclosure costs.

Are the unit owners liable for interest?

If a unit owner fails to pay levies and metered charges by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10 per cent per annum. 2
The body corporate has resolved to charge interest at 10 percent per annum on unpaid debts.
Ms Yao’s summary proved the amount of interest owing from the due dates to the hearing date. 1 Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121(1). 2 UTA, s 128.

Are the unit owners liable for costs?

The body corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner. 3 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. 4 The body corporate is also entitled to recover its reasonable costs for collecting other unpaid debts. 5
I am satisfied that the costs sought are reasonable
Because the body corporate has wholly succeeded with its claim, the Tribunal must order the unit owners to reimburse the body corporate for the filing fee. 6

Order

Reasons

Winnie Yao of Boutique Body Corporate & Community Managers (BBCM) attended for the body corporate.
Steven Parker attended for the owners.
The body corporate has applied for recovery of unpaid levies, metered charges, interest, costs and the filing fee from the unit owner.

Do the unit owners owe the levies, and on-charges claimed?

A unit owner must pay all body corporate levies, charges, 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 determined the metered water charges in accordance with the units’ meter readings. The fixed water charges are likely to be in the nature of a levy because it is a portion of a charge that the body corporate must pay to ensure that water is supplied to all the units.
The body corporate fixed the due date for the levies and water use charges to be paid and the unit owners did not pay the levies or water charges by that date.
Ms Yao provided records to prove the amounts claimed.
The body corporate on-charged the unit owners for BBCM’s costs to provide the unit owners with precontract disclosure documentation at the owners’ request for the purposes of putting the units up for sale.
I am satisfied the unit owners owe the body corporate the amount claimed for the precontract disclosure costs.

Are the unit owners liable for interest?

If a unit owner fails to pay levies and metered charges by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10 per cent per annum. 2
The body corporate has resolved to charge interest at 10 percent per annum on unpaid debts.
Ms Yao’s summary proved the amount of interest owing from the due dates to the hearing date. 1 Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121(1). 2 UTA, s 128.

Are the unit owners liable for costs?

The body corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner. 3 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. 4 The body corporate is also entitled to recover its reasonable costs for collecting other unpaid debts. 5
I am satisfied that the costs sought are reasonable
Because the body corporate has wholly succeeded with its claim, the Tribunal must order the unit owners to reimburse the body corporate for the filing fee. 6

Tenancy Tribunal case 9045324 — Unit Titles in Gulf Harbour, Auckland

Tenancy Tribunal case 9045324 — Unit Titles in Gulf Harbour, Auckland

Order

Reasons

Do the unit owners owe the levies, and on-charges claimed?

Are the unit owners liable for interest?

Are the unit owners liable for costs?

Order

Reasons

Do the unit owners owe the levies, and on-charges claimed?

Are the unit owners liable for interest?

Are the unit owners liable for costs?