Continuing dissension within a dysfunctional Wellington four-unit residential body corporate, now under control of a court-ordered administrator, has seen two unit owners ordered to pay $21,600 administration costs because of time spent dealing with their complaints described as meritless and unnecessary.
Mr Brendan Gilhooly and Mr Pieter Bos own units at the Hankey Street development in Wellington suburb Mt Cook. They were penalised for their unhelpful intervention in attempts to sort out ongoing wrangles over maintenance and repair costs.
Built in the 1980s of painted cedar and plaster, ongoing disputes over necessary maintenance were compounded by a dispute over liability for repairs to a boundary retaining wall.
Two years ago, the High Court appointed an administrator to take control of the body corporate. The long-standing owners could not agree on what maintenance should be carried out, or even agree on who should chair their body corporate.
The court appointment recognised an administrator would struggle to get unanimous approval from owners on future plans; he was authorised to isolate costs incurred dealing with meritless issues raised by any apartment owner, with power to charge these costs directly to the owner.
Unit Titles Act enables recovery against apartment owners ‘at fault.’
Parkinson v. Body Corporate 62124 – High Court (27.05.25)
25.127