New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 73

73 Orders as to excessive increases in site fees

(1) The Tribunal may, on application under section 71 or 72, make any of the following orders--

(a) an order declaring that an increase in site fees is excessive,

(b) an order reducing the amount of the increase by a specified amount,

(c) an order setting aside the increase,

(d) an order that the site fees must not exceed a specified amount or specified amounts, either--

(i) from a specified day, not being earlier than the day from which the increased site fees were payable, or

(ii) during a specified period,

(e) an order confirming the increase on the conditions (if any) that the Tribunal considers appropriate,

(f) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

(2) The Tribunal may make orders applying to individual participating home owners, groups of participating home owners or all participating home owners.

(3) An order applies to all affected home owners in the community (other than those who opt out), unless the Tribunal is satisfied there is a strong reason for making separate orders for different home owners or groups of home owners.

(4) The Tribunal cannot make an order that would result in an increase lower than that needed to cover any actual or projected increase (established to the satisfaction of the Tribunal) in the outgoings and operating expenses for the community since the previous increase (if any) in site fees for the community.