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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 67
Increase of site fees by notice
67 Increase of site fees by notice
(1) This section applies to a site agreement that provides for the increase of
the site fees by notice (otherwise than by a fixed method).
(2) An increase
in the site fees is not payable unless the fees are increased in accordance
with this section.
(3) The site fees must not be increased except by notice
in writing given to all the home owners in the same community at the same time
under site agreements to which this section applies.
(4) The notice must--
(a) specify the amount of the increased site fees, and
(b) specify the day
(the
"effective day" ) on and from which the increased site fees are payable, and
(c) include an explanation for the increase, and
(d) include such other
information as may be prescribed by the regulations, and
(e) be in the
approved form (if any).
(5) The day specified as the effective day must not
be earlier than 60 days after the day on which the notice was given.
(6)
Site fees must not be increased more than once in any 12-month period under
this section. This is calculated by reference to the day from which the
increased site fees are payable.
(7) Increases under this section in
site fees payable by home owners in the same community under site agreements
to which this section applies must take effect on the same day (and not on
different days).
(8) A notice under this section may be cancelled.
(9) A
later notice may provide for a lesser increase than that specified in an
earlier notice under this section. A later notice has effect instead of the
earlier notice and takes effect from the date on which the earlier notice was
to take effect.
(10) If the site fees payable under a site agreement are
increased under this section, the terms of the agreement are varied
accordingly.
(11) If a person becomes a home owner after a notice has been
given under this section to other home owners in the community but before the
date the increase takes effect-- (a) the operator must notify the home owner
of the notice and its contents and effect, and
(b) the increase applies as if
the notice had been given to the home owner at the same time as it was given
to other home owners.
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