Allegations the balcony of one of Mount Maunganui's Oceanside Twin Towers is unsafe and needs to be inspected and supported before the busy summer period begins, are being made in court.

Justice Paul Heath of the High Court is expected to release his decision today on a move by owners of the eastern Tower One building's apartments to install a court appointed manager.

The Twin Towers on Marine Parade in Mount Maunganui.

Lawyer David O'Connor, acting for the family trust that owns the shops, is seeking a court ordered independent manager to take action over what he says are serious health and safety issues including leaking and rusting.

He says the safety issues could affect the 150-200 people in the shops and seated outside the cafes under the first floor balcony on a busy day.

He wants the court to appoint an administrator because the party responsible for the building's safety - the Tower One body corporate - is 'dysfunctional”.

In submissions heard at the Tauranga court yesterday, he says the body corporate committee has been made aware of the issues caused by long term leaks, and not only failed to act, but suppressed the information.

He says the body corporate committee didn't pass the information on to the apartment owners as required by law, but that instead the committee fired the engineer who produced the report, and gagged him from taking the concerns to Tauranga City Council.

The Tower One governing body corporate committee was voted out in its entirety at the annual meeting on November 30, leaving only the chairman, who without a committee is unable to act.

Former manager John Spooner's contract was also terminated at the annual meeting, but he is refusing to stand down, says David, and is claiming an incorrect termination.

David told the court there are ongoing claims of emotional abuse of elderly residents by the chairman, and says the ongoing dysfunction, the unwillingness of elderly residents to engage with the committee process, will render the extra-ordinary general meeting that has been called, similarly ineffectual.

He says an administrator is selected and with a court order can act to get the building inspected before Christmas, and take whatever steps are required to make it safe.

Justice Heath says there are probably two options - appoint an administrator until April 1 and let the extra-ordinary general meeting review the situation. The other option is to adjourn and inform the council, get the council to inspect it and basically take it from there.

The balcony over the Tower One shops has been under a plastic wrap for 15 months, and faces another summer wrapped up, with notices telling the public; ‘tiling in progress'.

Engineer's reports sent to property owners state the balcony is leaking, previous repairs are inadequate, and undertaken without required consent from the city council.