New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 66

66 Increase of site fees by fixed method

(1) This section applies to a site agreement that provides for the increase of the site fees by a fixed method.

(2) A site agreement must not provide that the site fees may be increased by more than one fixed method. If more than one method is specified, the method that results in the lower or lowest increase of site fees is the applicable method.

(3) The operator must not increase (or attempt to increase) the site fees that are to be increased according to a fixed method otherwise than in accordance with that method and this section.

: Maximum penalty--50 penalty units.

(4) The operator must give at least 14 days' written notice to the home owner of any increase in site fees, even if the timing of the increase is specified in the site agreement.

(5) The notice must--

(a) specify the amount of the increased site fees, and

(b) specify how the increased site fees have been calculated, and

(c) specify the day on and from which the increased site fees are payable, and

(d) include such other information as may be prescribed by the regulations, and

(e) be in the approved form (if any).

(6) The home owner is not required to pay any increase in the site fees until notice of the increase is given as required by this section.

(7) The terms of a site agreement fixing the method of future increases of site fees cannot be challenged under this Act. However--

(a) the terms of the agreement may be varied if the parties enter into a written agreement to do so, and

(b) this subsection does not affect any right that the home owner has, apart from this Act and the Civil and Administrative Tribunal Act 2013 , to challenge any of the terms.

Note : A home owner may be able to take action over unfair contract terms under the Australian Consumer Law of the Commonwealth.

(8) A fixed method of increase may--

(a) be for a specified period or for the duration of occupancy of a residential site by a home owner, and

(b) have effect for longer than the term of a site agreement for a fixed term.