Published tribunal order
Tenancy Tribunal case 9063384 — Unit Titles in Christchurch Central, Christchurch
Decided 29 May 2025 · Published 29 May 2025 · Application 9063384
Mixed / unclear
- Unit Titles
- Ordinary Levy
- Special Levy
- Interest
Order
- Malcolm Andrew Mac Leod must pay Body Corporate 534905 $5,807.44 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Long term operating to 29 May 2025 $4,228.24 Special Levy: Long term maintenance $809.30 Interest $269.90 Filing Fee $500.00 Total award $5,807.44 Total interest Total award with interest $5,807.44 Total payable by Applicant to Respondent $5,807.44
Reasons
- The body corporate representatives, Ms Wellson and Ms Owen attended the hearing which was held by teleconference. The unit owner, Mr MacLeod did not answer any of the three calls made at the scheduled time on the number provided to the Tribunal.
- Mr MacLeod was served notice of the hearing by email.
- Because I am satisfied the necessary service provisions have been met and Mr MacLeod has not requested an adjournment, I conducted the hearing in Mr MacLeod’s absence.
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.
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. I am satisfied the unit owner is liable for the interest charges.
- 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.