What was the outcome of Tenancy Tribunal case 9053064?

The tribunal order states: Dean Christopher Baker must pay Body Corporate 103950 $6,225.24

How much money was awarded in case 9053064?

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 9053064?

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

Where can I read the official tribunal order for case 9053064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11042404-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9053064?

The tribunal order states: Dean Christopher Baker must pay Body Corporate 103950 $6,225.24

How much money was awarded in case 9053064?

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 9053064?

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

Where can I read the official tribunal order for case 9053064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11042404-UTA_Tribunal_Order.pdf.

Paihia, Paihia Tenancy Tribunal Case 9053064 — Unit Titles

Order

Dean Christopher Baker must pay Body Corporate 103950 $6,225.24 immediately, calculated as follows: DescriptionsApplicant Outstanding Levies$3,922.00 Costs$1,127.84 Filing Fee$500.00 Interest$675.40 Total award$6,225.24

Reasons

Both parties attended the hearing. A representative attended the hearing by video link for the body corporate. Mr Baker attended by telephone.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the owner.
The application relates to a timeshare share resort. Section 12 of the Unit Titles Act 2010 (UTA) states that the Act applies to timeshare resorts within the meaning of Schedule 2 of the Act and the provisions of the Act apply as if they have been amended in the manner indicated in that schedule and subject to all necessary modifications.
Schedule 2 defines a timeshare resort as a unit title development comprising or including a time share unit or time share units and may include principal units that are not time share units. A timeshare unit is defined as a unit owned, either wholly or as to a share, by a time shareowner.
A time share owner is defined as a person who is registered as a proprietor of an undivided share in the stratum estate in the unit, but whose entitlement to occupy the unit is limited to a specified period in every calendar year or every second calendar year.
The time share owner in this case is Mr Baker. He is registered as proprietor of a 1/51 share in the stratum estate in Unit 7B and AU61 and 1/6 share in AU 7 and 1/3 share in AU 106 on Deposited Plan 103950 and their entitlement to occupy the unit is limited to one week a year.

Does the Unit Owner owe the levies claimed?

An 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.
Section 121 UTA provides that a body corporate may determine the amounts to be raised for each of the funds referred to in ss115 to 120 UTA and impose levies on the owners of principal units to establish and maintain each fund.
Section 121(2) provides that, in the case of the operating account, long-term maintenance fund and any contingency fund, the levies must be calculated in proportion to each unit owner’s utility interest. The utility interest for each unit is recorded on the Unit Plan.
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 for levies, as follows: a. 2021 Levy – due 15/12/2020 $910.00 b. 2022 Levy – due 15/12/2021 $942.00 c. 2023 Levy – due 15/12/2022 $990.00 d. 2024 Levy – due 15/12/2023 $1,080.00
Mr Baker advised the Tribunal that he had acquired his interest in this timeshare development from an estate. He said that he never wanted to own it and never used it.
An owner’s obligation to pay levies arises from the UTA and is a consequence of them being the registered proprietor. It does not matter that Mr Baker has not used the unit.
The body corporate made an offer in, or around 2020, for him to forfeit his interest but he did not accept the body corporate’s conditions. As such he remains the registered owner and is liable for levies under the UTA.

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 from 1 January 2022. The body corporate claimed interest of $675.40 to the date of hearing but did not provide a table showing the interest calculation on each outstanding invoice. I have reviewed the interest amounts and am satisfied that interest at 10% from 22 January 2022 or the due date for payment (whichever is later), is at least $675.40. 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 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.

Tenancy Tribunal case 9053064 — Unit Titles in Paihia, Paihia

Tenancy Tribunal case 9053064 — Unit Titles in Paihia, Paihia

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?