Tasmanian couple in dispute over property maintenance at luxury estate to pay almost $6000 in overdue levies

The association is an incorporated company established in 2018 and plays a key role in preserving the owners’ interests and environmental features of the Mahana Ridge development, billed as “an exclusive country estate where luxury and living meet rural”.

The 32-section housing estate in “the green hills of Moutere” in the Tasman district is made up of 32 sections ranging in size from 9,600 m² to 2.5 ha.

The costs of maintaining communal facilities and important landscape features such as streams, native bushes and grassed areas between properties were shared between landowners through the levies they paid.

The association’s affairs were managed by a board of directors, which had the power to enforce the rules, according to its trust deed published on the NZ Companies Office website.

A spokesperson for the association said in a statement to NZME the couple purchased the property knowing an annual levy was payable.

They said the association had been “communicating in a friendly manner with Mr Thomas and Ms Gamble, trying to arrange payment of dues for the past year and a half”.

The legal proceedings were really a last resort for the association, which had a responsibility to all its members to ensure dues were paid, they said.

Judge Harrop told Thomas and Gamble their refusal to pay was no different from someone not paying council rates because the potholes outside their front door had not been repaired.

“This is not a reason not to pay the rates, but you can complain in other ways.

“None of this prevents you from filing a complaint against the association’s obligations.”

The association’s lawyer, Niall Thrupp, said efforts had been made to resolve the dispute, including settling on a reduced sum she found acceptable.

Thomas and Gamble, who represented themselves in court, had previously offered to repay the debt at a rate of $100 a week, but Thrupp said that was not acceptable to his client, who felt the procedure was the only option left to him due to “the conduct of the defendants.” “.

Gamble said they knew about the charge when they purchased the site, but she claimed they were only informed of the outstanding amount when she received a text message telling them they were late .

Thomas told Judge Harrop that he understood the levy existed to maintain the land, according to the prospectus.

“That’s what they sold us,” he said.

He claimed sections were being mowed “around the square”, but not on their side of the road.

Thomas said the agreement was that the property would be maintained after they left, but he feared it would only end up with “gorse and brooms”.

Thrupp said reasonable attempts were made to convey what work had been done and what the levies covered.

Judge Harrop said there was no defense to the claim and the couple had not filed any documents to support their argument.

He noted the couple did not dispute the debt, but their concern was over allegations the association failed to meet its obligations.

The judgment provided for the possibility of claiming compensation, but it “must be reasonable”.

Judge Harrop said that without such an order, the expenses incurred by the residents’ association in trying to recover the debt would be distributed among the other resident members.

He added that even though the judgment had been made, it did not mean that talks between the parties should end.

Judge Harrop urged the couple to think about their position as “the levies would continue to come in”.

The association hoped to find an arrangement allowing the couple to meet their obligations to pay contributions.

Tracy Neal is a Nelson-based Open Justice journalist at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and covered general news including courts and local government for the Nelson Mail.