Fighting Injustice and a Leaky Home

This is my story...

Twelve years ago I bought an Apartment in Tauranga. 10 years ago it was found to be "Leaky"

I have been in a battle with Colliers (Body Corporate), Tauranga City Council and the Owners Committee for 9 years to get this repaired.

This has only moved forward since I asked for Ministerial intervention from Nick Smith (the then Minister for Housing) in July last year (2017). Nick Smith instigated an investigation into the delays by the Ministry of Business and Innovation, where it was found that one factor for the delays was Tauranga City Council dragging the chain (for three years) over double glazed windows.

Due to the time delays, cost escalation and dire change in my circumstances (I am paying off my ex partners debt) I am unable to raise the $145,000 required for my share of the rebuild.

The Body Corporate recently took me to the High Court to exercise the s74 rule of the Unit Tiltes Act and they are proceeding to rebuild the apartment. My apartment will be one of the last to be repaired in 18 months to 2 years. However I am expected to pay up now and to pay cumulative interest. In the end they will bad debt me and take me to court for the $145,000 for the repairs, plus other costs and interest.

I did ask the Body Corporate/Owners Committee to consider a Deferred Levy Agreement proposal that my Solicitor (who I also can't afford)prepared. It wasn't even considered and denied!

This debacle and other time delays has caused the initial repair of $2.3 million to escalate to $9.3 million rebuild.

I am battle weary, have fibromyalgia, tired and coping with depression. This is a cry for help.

I am a hardworking 59-year-old woman, trying to rebuild my life in Otago after 10 years of having my life on hold and being misplaced with nowhere to call home (except for flatting with others). I have two adult children and I have been busting a gut to rebuild my life and offer a home and support to my family, so we can rebuild our family unit. I have two grandchildren. All I ever wanted was to provide a base for family to reunite and grow forward together surrounded by Mother’s love.

This has caused an immense amount of pressure, financial hardship and emotional distress. To such an extent that it inflames the fibromyalgia, I live in pain every day and am on antidepressants. The stress is not only taking a toll on my health but also on my working life. I have recently had to cut back to working three days per week. I push myself every day to remain positive and move forward and even try to build a new business on a shoe string and with the generosity of others, so I can work from home.

How is this fair? When I was living in Nelson five years ago, I had a friend offer to give me $80,000 towards the repairs. Because it has taken so long for Colliers to drive this forward that offer is no longer on the table. The bank won’t loan to me. I’m up to my eyeballs in debt from trying to survive this last ten years with an illness and fighting for survival every inch of the way. I feel so ground down, I don’t know what else to do. Life certainly hasn’t been easy. I feel like I am at the end of the road. I kind of feel like the next best thing would be to take all of my happy pills and blissfully disappear into oblivion. But don’t worry I don’t have it in me. I’m a fighter remember. Why should I lose everything when this is not my doing?

Thankfully moving south and the “Second Chance Scheme” has allowed me to use my Kiwisaver as a deposit to purchase an old derelict villa in Waikouaiti. I have been spending a lot of time and energy to make it liveable for a base to reunite my family.

I have fought long and hard against all odds, the Villa needs, re-piling, reroofing and recladding. I have made it liveable on a shoe string, but still have a long way to go. I have spent a lot of time effort and money along with Mother’s love in supporting both of my children to encourage them to turn their lives around and join me in a new start. All of this is very stressful on top of owning a Leaky Villa Apartment at Brodie Place in Tauranga, which may cause me to lose everything I have ever worked for!

I’m such a proud person I don’t like asking for help. However, my survival, and future of my family is at stake.

I did intend to use funds raised to take the Body Corporate to court. However I have since been advised that they have the resources to crush me. I consider that to be a waste of money and effort. To be honest I just don't think I am well enough to take them on.