Application for an order of the Tenancy Tribunal to recover body corporate levies

Transcription

1 Application for an order of the Tenancy Tribunal to recover body corporate levies UT002 (04/15) WHAT THIS FORM IS FOR Use this form to ask the Tenancy Tribunal to order a unit title owner to pay overdue body corporate levies. You need to make a separate application for each unit you wish to recover levies from. HOW TO APPLY To make this application, you need to have made a demand for the levies, and you need to attach it to this application. To make this application online, you must have an address, which we will use to contact you. You need to fill in ALL sections of the form: Section 1 The body corporate involved in this dispute Section 2 The person making this application Section 3 About the other party Section 4 The money you are claiming Section 5 Help available Section 6 Declaration and attachments You will need to attach electronic copies of documents to support your application. You will need to attach: evidence showing the body corporate has authorised you to make this application the demand sent to the other party for payment of the levies the computer register (certificate of title) to confirm the other party s ownership the resolution that confirms the figure for the levy, for the relevant financial period evidence of collection costs, if you want to claim these. HOW TO PAY The fee for this application is $850. When we receive this form we will let you know how to pay. The Tenancy Tribunal can order the other party to pay you the application fee, if your claim is successful. IF YOU DO NOT HAVE AN ADDRESS If you do not have an address, print and complete this form, attach copies of the documents we need, and send it to Ministry of Business, Innovation & Employment, PO Box , Porirua 5240, or fax it to (04) UTapplication@mbie.govt.nz Page 1

2 WHAT HAPPENS NEXT The Ministry of Business, Innovation & Employment will contact you and arrange for you and the other party to attend mediation or a hearing in the Tenancy Tribunal. If the Tenancy Tribunal upholds your application, it will issue an order requiring the other party to pay. This can be enforced by the Ministry of Justice Collections Unit. ABOUT THE INFORMATION YOU SEND US We will share the information in this application with the other party. If you do not fill in this form completely or send us all the information we ve asked for, we may not be able to process your application. PRIVACY Under the Privacy Act 1993, we need to tell you: the information you give us is being collected under the Unit Titles Act 2010 and the Residential Tenancies Act 1986 the information will be held and used by the Ministry of Business, Innovation & Employment and the Ministry of Justice to administer the Unit Titles Act 2010 and the Residential Tenancies Act 1986 you have the right to have access to and correct personal information held about you; you can contact the Ministry of Business, Innovation & Employment at PO Box , Wellington 6143, and the Ministry of Justice at Ministry of Justice Central Processing Unit, DX SX10042, Wellington we may use this information for customer surveys, public education and statistical analysis; if we do this, no one will be identified. TERMS USED IN THIS FORM Address for service This is the address where we can send documents about this application. This can be a physical address, PO Box number, address, or fax number. Applicant This is the person who fills out this form. Authorised The body corporate has given you the power or right to make this application on its behalf. Body corporate number The body corporate number is the number of the unit plan for the unit title development. If you do not already have it, you can order the unit plan online from There is a fee, and your order may take two days. Demand This is a letter or notice to the other party telling them to pay the levy. Evidence This is a document that confirms information you give us, such as a resolution that confirms the body corporate authorises you to make this application. Levy This is the amount charged by the body corporate on each of the unit owners, which is used to pay for running the development. Other party A party is a person or people forming one side of this dispute. The other party is the person or people on the other side the person or people you are making this application against. Resolution This is a decision reached by the body corporate and recorded in its minutes. Page 2

3 Application for an order of the Tenancy Tribunal to recover body corporate levies UT002 (04/15) Section 1 the body corporate involved in this dispute 1A WHAT IS THE BODY CORPORATE NUMBER? The body corporate number is the number of the unit plan for the unit title development. If you do not already have it, you can order the unit plan online from Land Information New Zealand (LINZ) for a fee. Your order may take two days. Go to the LINZ website to use the land record order form. Body corporate number: 1B WHAT IS THE PHYSICAL ADDRESS OF THE DEVELOPMENT RELATING TO THIS DISPUTE? You must fill this in. Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Name of development Section 2 the person making this application 2A WHAT IS YOUR FULL NAME? If you are applying on behalf of a company, please give us the full legal company name, and, if relevant, the name the company trades as UTapplication@mbie.govt.nz Page 1

4 2B WHAT IS YOUR RELATIONSHIP TO THE BODY CORPORATE? Chairperson of body corporate Chairperson of body corporate committee Manager Agent appointed by body corporate Member of body corporate committee We need evidence you are authorised to make this application for example a resolution of the body corporate. If you are a manager or agent of the body corporate, the resolution will also need to confirm you have been appointed to act for the body corporate. Please attach a copy of this document to your application. Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your 2C WHAT IS YOUR ADDRESS FOR SERVICE? This needs to be an address where we can send you letters and documents about this application. This can be a physical address, PO Box number, address, or fax number. Please tick and complete the address you want us to use. Use this physical address Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Name of development Use this PO Box number PO Box no. Suburb Town/City Use this address Use this fax number 2D HOW CAN WE CONTACT YOU ABOUT THIS APPLICATION? Daytime number Mobile address Tick this box to confirm we can use this address to contact you. Page 2

5 Section 3 about the other party 3A ATTACH THE DEMAND FOR LEVIES YOU HAVE SENT TO THE OTHER PARTY To make this application, you must already have sent a demand to the other party for the levies, and told them if they do not pay you will apply to the Tenancy Tribunal to recover the levies. Tick the box at left and attach a copy of your demand. Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your 3B WHAT IS THE OTHER PARTY S NAME? If the other party is a company, please give us the contact name, the full legal company name, and, if relevant, the name the company trades as. If the other party is a trust, please list the names of the trustees as they appear on the computer register (certificate of title). If you need more room, tick the box below left and attach a document listing the names. Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your 3C ARE THEY THE: Owner Former owner 3D HOW CAN WE CONTACT THEM? Daytime number Mobile address Page 3

6 3E WHAT IS THE PHYSICAL ADDRESS OF THE UNIT FOR WHICH THE LEVIES ARE UNPAID? Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Name of development 3F WHAT IS THE OTHER PARTY S ADDRESS FOR SERVICE? This needs to be an address where we can send the other party letters and documents about this application. This can be a physical address, PO Box number, address, or fax number. Please tick and complete the address you want us to use. Tick here if the address for service is the same as in 3E, and leave this question blank. If you want to use a different address, tick and complete one of the options below. Use this physical address Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Name of development Use this PO Box number PO Box no. Suburb Town/City Use this address Use this fax number 3G ATTACH A COPY OF THE COMPUTER REGISTER (CERTIFICATE OF TITLE) FOR THE OTHER PARTY S UNIT, TO CONFIRM THEIR OWNERSHIP. You can order this online from Land Information New Zealand (LINZ) for a fee. Your order may take two days. Go to the LINZ website to use the land record order form. Tick the box at left and attach a copy of the computer register. Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your Page 4

7 Section 4 the money you are claiming 4A WHAT IS THE AMOUNT OF THE LEVY YOU ARE SEEKING TO RECOVER AT THE DATE $ To confirm this figure we need a copy of the resolution confirming the figure for the levy the unit owner is required to pay, for the relevant financial period. Tick the box at left and attach a copy to this application. Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your document. Do not attach password-protected documents. 4B ARE YOU SEEKING ANY OF THE FOLLOWING COSTS APART FROM THE OUTSTANDING LEVY? Claim back the $850 fee for this application. $ Claim collection costs any reasonable costs involved in trying to collect the levies. $ To confirm this figure, tick the box at left and attach the invoice or quote for collection fees Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your Claim interest on unpaid levies. $ What is the interest rate that applies? This cannot be more than 10% a year. What date did you start charging the interest? Total amount you are claiming. $ Section 5 help available 5A ARE YOU WILLING TO TRY MEDIATION TO SETTLE THIS DISPUTE? Mediation can take place over the phone or in person, and is quicker than a Tribunal hearing. Through mediation you can reach a mutual agreement with the other party, which can be documented and legally enforced. Yes No Page 5

8 5B DO YOU NEED AN INTERPRETER? Mediation can take place over the phone or in person, and is quicker than a Tribunal hearing. Through mediation you can reach a mutual agreement with the other party, which can be documented and legally enforced. Yes What language? Who needs the interpreter? Me (the applicant) The other party No Section 6 declaration and attachments 6A I DECLARE THE INFORMATION I HAVE GIVEN IN THIS FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Yes 6B TICK THIS CHECKLIST TO TELL US THE DOCUMENTS YOU HAVE ATTACHED These are the documents you must attach so we can process your application 2B evidence the body corporate has authorised you to make this application 3A the demand sent to the other party for payment of the levy 3C a list of trustee names, if the other party is a trust and you listed their names in a document 3F a copy of the computer register (certificate of title) to confirm the other party s ownership 4A a copy of the resolution that confirms the figure for the levy, for the relevant financial period 4B evidence of collection costs, if you want to claim these. All the information you have provided for this application will be shared with the other party. SAVE A COPY OF THIS FORM FOR YOUR RECORDS SUBMIT THIS FORM Page 6