BC issued 10 days notice

[tul1]

Hi all

We own unit managed by BC. It seems the tenants are not behave (young and restless) and the BC are now instructing us to request our property manager to issue a ten day notice for the tenants to remove from the property.

We pretty satisfied with the tenants. They pay on time and keep the property in good condition. They with us for 2 years now.
in the past they had some issues when they were parking in common area, and maybe another party that was vocal (yesteray they partied and then we got the letter) . I recon some of the neighbors are not happy with them.


Can the BC force us to remove them from the property \ not to renew the lease with them?
Can we dispute this notice? in the letter they mention that we will be eligible to any costs if we won't "obey".

It is just ridicules, cause it can happen with any new tenants we may find ...

Any thoughts are welcome.

Thanks

[Devious0]

I'm interested also if the BC committee can issue a BC member and owner a 14 day notice for parking in a common area that partially blocks another unit entrance?

[Keithw]

Read your Body Corp Rules
If it doesnt say in the rules that the BC, or the Secretary on behalf of the BC, can force an eviction, then they probably cant.
However what they can do is charge you with any costs directly related to your tenants, such as any callout fees for noise control or police or security guards etc. section 33

If there are no specific rules, then the default rules apply - see here

http://www.legislation.co.nz/act/public/1972/0015/latest/DLM406213.html?search=ts_act_Unit+Titles_resel

Schedule 2 defines most of the rules

http://www.legislation.co.nz/act/public/1972/0015/latest/DLM406501.html?search=ts_act_Unit+Titles_resel

schedule 3 is often customised to the BC

http://www.legislation.co.nz/act/public/1972/0015/latest/DLM406545.html?search=ts_act_Unit+Titles_resel

note schedule 3 A(e)
Use his unit or permit it to be used in such manner or for such purpose as to cause a nuisance or disturbance to any occupier of any unit (whether a proprietor or not) or the family of any such proprietor.


these old rules are soon to be replaced with the 2010 version

http://legislation.govt.nz/act/public/2010/0022/latest/DLM1160684.html

So by Sched3A(e) you may be in breach of the rules by allowing your tenants to be a nuisance
however by section 37 (12), the BC must actually apply to the court to enforce the rule



12) The body corporate or any proprietor shall be entitled to apply to any Court of competent jurisdiction for an order—

• (a) Enforcing the performance of or restraining the breach of any rule; or

• (b) Awarding damages for any loss or damage arising out of the breach of any rule—

by any person bound to comply therewith or by the body corporate.



So the BC secretaries tend to call your bluff & say they have the power to make your tenants be quiet, IF they take you to court, but I dont see anywhere that gives them the power to force an eviction. I would think that would have to be a tenancy tribunal or court order.




Always refer back to schedule 2 para 31 which says the Secretary is there to do the books and follow the instructions of the committee or the whole BC, NOT to take control of the place themselves, which most seem to try to do.


31 ) The function of the secretary shall be to keep proper books of account in which shall be kept full, true, and complete accounts of the affairs and transactions of the body corporate and to carry out such other functions as may from time to time be delegated to him by the body corporate.

[Keithw]

Devious - 14 day notice to what ?
move the car or evict ?

again, parking in the common area may breach the rules, but the BC must apply to the court to have them enforced.

[Devious0]

Devious - 14 day notice to what ?
move the car or evict ?

again, parking in the common area may breach the rules, but the BC must apply to the court to have them enforced.

move the vehicle I mean and the whole of the BC is in agreement except the prat who won't move it who is also the developer

[eri]

surely he would get tired of his tyres always going flat...

[Keys]

The tenancy agreement is now bound by the BC rules. Read them. They may have something in them which your tenant has breached. You must also give a copy of the rules to the tenant.

[tul1]

Re

yes, they breached the rules. one of them is not parking in common place, the other is being too vocal and disturb other units.

The question is :

Who is deciding about the level of action agenst them? if they parked in common area - tow their car, send them the invoice. If theywere too load, call the police etc. Having them removed is too far action that going to make lot's of damesge to us as woners.