New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 67

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.