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Home / Northern Advocate

Manager stole bond money

By Imran Ali
Northern Advocate·
18 Feb, 2015 10:14 PM3 mins to read

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A former Whangarei property manager has admitted stealing more than $26,000 from several tenants of rented homes by not lodging bond payments and withdrawing money from her employer's account.

Tracy Botica, 47, pleaded guilty in the Whangarei District Court to three charges of theft by a person in a special relationship and has been remanded on bail to re-appear for sentencing on March 25. The charge carries a maximum penalty of seven years in jail.

Botica was involved in property management for a number of years and has worked for several companies.

Concerns over her bond collection practices were raised in the Northern Advocate last October, by tenant Nicole Jones.

Botica stole $26,296 from 30 tenants while working for the Guardian Property Management Services in Whangarei. She worked for the company for more than two years and finished her employment in February last year.

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The company is no longer operating and the Registrar of Companies is in the process of removing it from the register.

Earlier, the Tenancy Tribunal had ordered Guardian Property Management Services to reimburse bonds to four affected tenants and to also pay them damages and filing fees dating back more than a year. Several disgruntled tenants have set up a Facebook page called "Tracy Botica & Guardian Property, Give Our Money Back" to recoup their bond payments.

One such tenant, Sharon McLeod, said the guilty pleas were little consolation because recouping their bonds should be the main focus.

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"It's good she's admitted what she did but there's no way in the world, or very slim chance, of getting our money back."

She and her mother paid about $900 to the Guardian Property Management Services' account around mid-2013 for accommodation in Maunu.

The police summary of facts states Botica formed her own property management business called Quality Home Rentals after the rental division of Guardian Property Management Services was sold to another company on March 1, 2014. Shortly after that sale, it was discovered a number of bond payments made to Guardian Property Management Services had not been lodged with the Bond Centre.

Under the Residential Tenancies Act, a landlord is required to lodge the bond with the Bond Centre within 23 working days after receiving the money. Failure to lodge the bond is unlawful and exemplary damages of up to $1000 may be awarded by the tribunal.

The first charge relates to Botica stealing $9920 from eight tenants, who each paid $1240 in bond money in cash or directly into the company account between June 1, 2012 to February 28, 2014. She managed 26 apartments during that period.

The second charge against Botica was laid after she admitted stealing nine bonds totalling $5660 between December 22, 2012 and February 25, 2014.

Guardian Property Management Services and Quality Home Rentals were managing two residential properties and a block of 16 flats at the time.

The new manager who purchased the rental role from Guardian Property Management Services found 13 bonds totalling $10,716 paid to the company had not been forwarded to the Bond Centre. The bonds were stolen between June 22, 2012 and February 28, 2014.

Botica remembered a number of instances of stealing cash paid by tenants and also recalled taking money from the account of Guardian Property Management Services. Reparation of $26,296 has been sought through the courts.

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