What was the outcome of Tenancy Tribunal case 9048425?

The tribunal order states: Mary Um and Ki Tae Eom must pay Body Corporate 490075 $65,890.11

How much money was awarded in case 9048425?

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 9048425?

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

Where can I read the official tribunal order for case 9048425?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10643173-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9048425?

The tribunal order states: Mary Um and Ki Tae Eom must pay Body Corporate 490075 $65,890.11

How much money was awarded in case 9048425?

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 9048425?

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

Where can I read the official tribunal order for case 9048425?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10643173-Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9048425 — Unit Titles

Order

Mary Um and Ki Tae Eom must pay Body Corporate 490075 $65,890.11 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy$17,636.47 Remedial Levy$22,718.24 Costs: Debt Collection$1,909.00 Costs: Legal - Debt Recovery$14,435.67 Interest: On outstanding levies to 14 May 2024 $8,420.73 Filing Fee$500.00 Costs: Legal - attendance at hearing$270.00 Total award$65,890.11

Reasons

A representative attended the hearing for the Body Corporate. The unit owners did not attend. They did not answer calls made to the phone numbers provided in the application.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owners.
Some of the levies have been outstanding since 2019. The Body Corporate has made many attempts to resolve the issue. The parties agreed to a payment plan earlier this year, after the Body Corporate applied to the Tribunal. The owners did not make all payments agreed under the plan.

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.
The Body Corporate has claimed ordinary and remedial levies and has provided copies of the minutes and invoices to establish its claims.

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 10% per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to 14 May 2024.
The first hearing (on 14 May 2024) was adjourned at the Body Corporate’s request. The Body Corporate’s representative acknowledged delays by the Body Corporate in seeking to recover outstanding amounts and has calculated the interest to 14 May 2024. I award the amount 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, Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645 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. The Body Corporate representative provided a full breakdown of the costs incurred and time spent. 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.

Order

Mary Um and Ki Tae Eom must pay Body Corporate 490075 $65,890.11 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy$17,636.47 Remedial Levy$22,718.24 Costs: Debt Collection$1,909.00 Costs: Legal - Debt Recovery$14,435.67 Interest: On outstanding levies to 14 May 2024 $8,420.73 Filing Fee$500.00 Costs: Legal - attendance at hearing$270.00 Total award$65,890.11

Reasons

A representative attended the hearing for the Body Corporate. The unit owners did not attend. They did not answer calls made to the phone numbers provided in the application.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owners.
Some of the levies have been outstanding since 2019. The Body Corporate has made many attempts to resolve the issue. The parties agreed to a payment plan earlier this year, after the Body Corporate applied to the Tribunal. The owners did not make all payments agreed under the plan.

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.
The Body Corporate has claimed ordinary and remedial levies and has provided copies of the minutes and invoices to establish its claims.

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 10% per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to 14 May 2024.
The first hearing (on 14 May 2024) was adjourned at the Body Corporate’s request. The Body Corporate’s representative acknowledged delays by the Body Corporate in seeking to recover outstanding amounts and has calculated the interest to 14 May 2024. I award the amount 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, Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645 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. The Body Corporate representative provided a full breakdown of the costs incurred and time spent. 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.

Tenancy Tribunal case 9048425 — Unit Titles in Auckland, Auckland

Tenancy Tribunal case 9048425 — Unit Titles in Auckland, Auckland

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?