Unit Titles Act 2010

  • This version was replaced on 18 December 2018 to make corrections to section 169(5)(d) and (e) under section 25(1)(iv) of the Legislation Act 2012.
127 Recovery of money expended where person at fault

(1)

This section applies if the body corporate does any repair, work, or act that it is required or authorised to do, by or under this Act, or by or under any other Act, and the repair, work, or act was rendered necessary by reason of any wilful or negligent act or omission on the part of, or any breach of the Act, the body corporate operational rules, or any regulations by, any unit owner or his or her tenant, lessee, licensee, or invitee.

(2)

Any expense incurred by the body corporate in doing the repair, work, or act, together with any reasonable costs incurred in collecting the expense, is recoverable as a debt due to the body corporate (less any amount already paid) by the person who was the unit owner at the time the expense became payable or by the person who is the unit owner at the time proceedings are instituted.

Compare: 1972 No 15 s 34

Section 127(1): amended, on 5 December 2013, by section 14 of the Unit Titles Amendment Act 2013 (2013 No 140).