Waikato Times

Bella Vista owners angry at tactics

- Matt Shand matt.shand@stuff.co.nz

Just two days after Tauranga City Councillor­s voted to purchase the 21 affected properties from the failed Bella Vista developmen­t, homeowners fear they are being lowballed.

Council’s lawyer Nathan Speir is requesting property owners turn over their sale and purchase agreements of land, building contracts and confirmati­on of all payments made to Bella Vista.

‘‘Secondly, please outline the legal basis upon which you consider the appropriat­e measure of loss in this situation to be full market value without defects,’’ Speir’s wrote to legal representa­tives of affected Bella Vista property owners.

The above conditions were highlighte­d as being needed to start negotiatio­ns but it is at odds with what homeowners were expecting when council agreed to purchase their properties.

Council was contacted on Friday to clarify what the letter meant, however they said they needed more time before they could respond.

That response had not arrived by deadline.

One homeowner, who asked not to be named, said he was ‘‘shocked but not surprised’’ when hearing council was questionin­g their measure of loss.

‘‘My heart sank when I heard the word negotiatio­n,’’ he said.

The homeowner would not reveal their purchase price but said they approached builders to get an appraisal to rebuild the same home they purchased from Bella Vista.

‘‘We went out to three builders, showed them the plans and asked what it would cost to build a similar home,’’ they said.

‘‘They all started at about $185,000 – $250,000 – more than what we paid at Bella Vista.

‘‘That is what our replacemen­t cost is likely to be and those builders were engaged in the last few weeks.’’

A legal representa­tive for one of the 21 property owners said what their clients paid for the house is ‘‘irrelevant to loss’’ and council should let the homeowners know how their loss will be ascertaine­d.

The property owners bargaining position is bolstered by the findings in the independen­t report written by QC Paul Heath.

The report investigat­ed the failings of council process during the Bella Vista Debacle.

The report concluded council did not perform monitoring and enforcemen­t functions adequately, failed in its building consent functions, did not perform Building Act inspection­s for both structural and geotechnic­al considerat­ions and issued four code of compliance certificat­es in error.

Heath also said council should take immediate steps to resolve negotiatio­ns with homeowners.

‘‘As the Council is, in reality, the last target for litigation from which recoveries are likely, in a practical sense I consider that the benefits of early resolution far outweigh any desire to have the homeowners’ claims tested in Court,’’ he said.

‘‘There are good legal, economic and humanitari­an reasons for the council to acknowledg­e the shortcomin­gs in its regulatory function and endeavour to give a swift resolution.’’

On June 6 the emotional and financial toll the Bella Vista Debacle has caused homeowners was laid bare to councillor­s with many in the galley brought to tears.

Every single homeowner who presented to council asked for the same outcome, full market value without defects.

This factored in the amount of time it took homes to be built, the change in the market since the contracts were signed and the lost opportunit­y cost had people invested in other locations.

After the meeting Mayor Greg Brownless said councillor­s had taken on board what the homeowners wanted.

‘‘We have listened to homeowners, who told us that purchasing the properties was their desired outcome,’’ he said.

‘‘The homeowners have, in their words, been ‘to hell and back’.’’

‘‘There are good legal, economic and humanitari­an reasons for the council to acknowledg­e the shortcomin­gs in its regulatory function and endeavour to give a swift resolution.’’

QC Paul Heath

 ??  ?? Andre and Chloe Stewart say losing their Bella Vista home has caused much stress on their family and asked for compensati­on. Right, The empty homes at lakes Boulevard may one day be rebuilt and sold.
Andre and Chloe Stewart say losing their Bella Vista home has caused much stress on their family and asked for compensati­on. Right, The empty homes at lakes Boulevard may one day be rebuilt and sold.
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