Dear Sirs/Madame I need some advice please. I am part owner of a shared private road, the road is managed (repairs and

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Customer: Dear Sirs/MadameI need some advice please. I am part owner of a shared private road, the road is managed (repairs and gravel on the metal road ) by the Echo Valley Road Fund committee. During 2017 I applied for a subdivision consent. Part of the consent notice from Kaipara district council said that we had to submit a plan for the repair and widening of Part of echo valley road that led to my Subdivision. At the same time the then chair of the volunteer committee put in a subdivision consent request. The chairs consent condition was the same as mine, that she was required to upgrade the road ( this was not known to us until september 2021) . The Council also told her in that consent notice that we had an application for consent in and the condition of our consent relating to the road. The council made a recommendation that the Chair cooperated with us on this road upgrade.We met with the Chair to inform her of our plan to up grade the road , but she withheld the information that she was also ordered to do the repairs by Kaipara District Council but said to us both verbally and the next day by email please submit your invoice for the repairs to the committee for consideration.We submitted our invoice and asked for relief from our annual levies in compensation for a number of years.We received a letter from the committee saying they had considered our request and they were going to fogive us of $940.00 of back payments which we owed at the time.We rejected this offer as we had just spent $ 14,500.00 on road repairs and widening. we did not consider that the offer was enough..The amount we had to spend on the road we broke down into repairs and maintenance ( remedial work ) and improvements ( widening).This was because the Chair and committee had failed to do any repairs or maintenance on this part of the road and the Councils engineer had described this part of the road as in poor condition. ( nothing from 2002 until we repared the road in 2016)We have subsequently for four years now been to meetings with the echo valley road fund committee where we have again requested compensation in the form of levy relief to only be refused with the reason " we are not going to subsidise your subdivision"During this time the Chair has never revealed to any of the residents that she had the same consent condition imposed on her, in fact she was the most vocal against us.We understand our obligation to pay for the expenses of maintenance on the road under the property Law act 2007.This same Law states that we can claim recompense from the agents of the owners if we think they have been negligent in their governance of the road.We feel also that the Chair has been negligent in her role and has enriched her own circumstances by not having to pay for this road repair. ( by the time her full consent was due we had already repaired the road at our expense and Council could no longer impose this condition on her.)OUR QUESTION TO THE CAB ? : as we have now submitted an invoice to the current committee for payment ( highly unlikely) do we have a case against the previous chair.? Can we take this to a small claims court if unpaid.? or do we have to go to a land court or higher court.?Thank you in advance for your consideration ,If you require further clarificationplease phone ###-##-#### or email***@******.***Yours sincerelyDon Windley.
JA: What state are you in? It matters because laws vary by location.
Customer: New Zealand
JA: What steps have you taken so far?
Customer: contacting you after reading the property law act 2007 NZ
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have covered it in the email thanks.
Answered by Chris The Lawyer in 11 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

Customer
hello Chris Have you read my email i sent
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Chris The Lawyer, Expert

I am reading it now

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Chris The Lawyer, Expert

That is a difficult situation. The chair of the committee has clearly misrepresented her position to her advantage. The issue is what extra you have had to pay because of her concealment of that term of her consent, and what financial advantage she has gained. If you can work out what she has gained, then you could claim in the Disputes Tribunal under the terms of the easement and the Property Law Act on the basis that she would have had to contribute more if she had acknowledged the existence or her consent

Customer
We paid for the full repairs ( remedial work) when it was the councils directive that she should have paid for half of this. Part of the cost of repair of the road could be classed as improvement. (widening) which we both should pay for. The neglect of the committee which she was Chair of, I feel we can claim against the committee funds for the remedial work under the property law act 2007 which says we can be reimbursed if negligence by agents (the committee) of the landowners is shown ( no maintenance on this part of the road , all the levies were spent on the greater part of the road where there are more residents.
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Chris The Lawyer, Expert

That would be your next step-to make the claim to her and the Committee in the Tribunal

Customer
Thanks Chris I feel that is our way forward too . Don
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Chris The Lawyer, Expert

What she has done seems almost criminal dishonesty

Customer
I agree maybe we can claim for damages as she has been the most vocal against us at meetings of the Residents when we have asked for relief from levies in compensation ( refused by the committee ) . We feel we have been humiliated over the last 4 years by her in front of our neighbors. The Echo Valley road fund Maintenance committee has always been made up of residents to maintain the financial and practical side of maintaining the road. (private road) . This isnt the first incident of a chair of the committee using the fund for their own enrichment.
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Chris The Lawyer, Expert

Thats not good. Hopefully airing this in the Tribunal may sort this out

Customer
Thanks again Chris Have a great Day !!
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