New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 50

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.