New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 82

82 Tribunal review of utility cost and reduction in site fees

(1) This section applies if--

(a) the operator under a site agreement contravenes section 81(2), or

(b) the home owner under a site agreement who receives a utility cost notice under section 81(2) disputes the utility cost stated in the notice.

(2) The home owner under the site agreement mentioned in subsection (1)(a) may apply to the Tribunal for an order under subsection (4).

(3) The home owner mentioned in subsection (1)(b) may apply to the Tribunal, within 30 days after receiving the notice, for an order under subsection (4).

(4) On application by the home owner, the Tribunal may make any of the following orders--

(a) an order reducing the site fees payable under the agreement, from the change event day, by the amount the Tribunal considers appropriate,

(b) another order the Tribunal considers appropriate.

Note : An example of an order under subsection (4)(b) is an order that the operator refund to the home owner any overpaid site fees from the change event day.

(5) In making an order under subsection (4), the Tribunal may have regard to the following--

(a) relevant available information about the costs of supplying utilities in the local government area in which the community is situated,

(b) any terms of the site agreement about utility costs,

(c) anything else the Tribunal considers relevant.