New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 51

51 Payment and use of special levy

(1) A special levy is payable by home owners in accordance with the special resolution by which home owners agree to pay it.

(2) The special levy is not payable unless the special resolution has effect.

(3) A special levy may be recovered as a debt owing to the operator from all home owners in the community in equal shares (with each residential site counting as one share).

(4) The proceeds of the special levy are to be held by the operator on trust for the home owners until used or refunded under this section.

(5) Once all payments of the special levy have been received by the operator, the operator must, within a reasonable time, use the money for the purpose for which the special resolution was passed. Any unused amount of the special levy must be refunded in equal shares.

(6) Any special levy, or part of a special levy, payable to an operator by a home owner ceases to be payable by that home owner if the home is sold.

(7) If a home is sold, any special levy, or part of a special levy, that has not been paid by the selling home owner becomes payable by (and recoverable as a debt from) the new home owner.

(8) Subsection (7) applies only if the new home owner was advised of the requirement to pay the unpaid special levy in the disclosure statement provided by the operator.

(9) Nothing in this section prevents an operator from contributing to the cost of a community upgrade for which a special levy has been made.

(10) In this section--

"special levy" means a special levy under section 50.