New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 81

81 Utility cost in site fees

(1) This section applies if-

(a) the use by the home owner under a site agreement of a utility at the residential site is not separately measured or metered, and

(b) either of the following events (a
"change event" ) happens-

(i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner,

(ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.

(2) The operator of the community must, within 14 days after the change event happens, give the home owner a notice (a
"utility cost notice" ) stating the following-

(a) the utility cost factored into the site fees payable under the agreement and how the utility cost has been worked out,

(b) the date the change event happened,

(c) the site fees payable from that date,

(d) that if the home owner disputes the utility cost, the home owner may, within 30 days after receiving the notice, apply to the Tribunal for an order.

(3) The Tribunal may, on application by the home owner within 30 days after receiving the utility cost notice, make any order the Tribunal considers appropriate in the circumstances.

(4) The site fees payable from the day the change event happens (the
"change event day" ) are the site fees payable immediately before the change event day, reduced by the utility cost stated in the utility cost notice.

(5) The operator must, within 14 days after the home owner received the utility cost notice, refund to the home owner any overpayment of site fees, relating to the utility cost, from the change event day.

Maximum penalty (subsection (5)): 10 penalty units.