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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 50
Special levy for community upgrade
(1) The home owners in a community may, by a special resolution, agree to pay
a special levy to enable the operator of the community to provide a specified
new facility or service for the community or to make a specified improvement
to the community (a
"community upgrade" ).
(2) The special resolution is to provide for the
amount or method of calculation of the special levy and when it is to be paid
by home owners.
(3) A special resolution has no effect unless reasonable
notice of the proposal to make it is given to all the home owners and the
resolution is passed by at least 75% of all the home owners within 90 days
after the notice was given to the home owners.
(4) A special resolution has
no effect unless and until the operator of the community consents to the
community upgrade by notice in writing given to all the home owners before or
within 90 days after the special resolution is passed.
(5) The Tribunal may,
on application by the operator or a home owner, make any of the following
orders-- (a) an order that quashes the special resolution in whole or in part,
(b) an order that confirms the special resolution in whole or in part,
(c) an
order that determines whether or not the special resolution has effect under
this section,
(d) any ancillary order that the Tribunal, in the
circumstances, thinks appropriate.
(6) The Tribunal is not to make an order
quashing the special resolution, in whole or in part, unless satisfied that
the operator or home owner has reasonable grounds to seek the order.
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