New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 74

74 Matters to be considered about excessive increases

(1) The Tribunal may have regard to any or all of the following factors when deciding whether to make an order under section 73--

(a) the frequency and amount of past increases in site fees for the community,

(b) any actual or projected increase in the outgoings and operating expenses for the community as provided by the operator since the previous increase (if any) in site fees for the community,

(c) any repairs or improvements to the community--

(i) carried out by the operator since the previous increase (if any), or

(ii) planned by the operator for the period covered by the increase being reviewed,

(d) the general condition of the community including its common areas,

(e) the range and average level of site fees within the community,

(f) the value of the land comprising the community, as determined by the Valuer-General,

(g) the value of any improvements to the community (including common areas) paid for or carried out by home owners,

(h) any explanation for the increase provided by the operator by notice in writing to the affected home owners,

(i) variations in the Consumer Price Index (All Groups Index) for Sydney,

(j) whether the increase is fair and equitable in the operation of the community,

(k) any other matters prescribed by the regulations.

(2) The regulations may require the Tribunal to disregard any specified matters (not being a matter referred to in subsection (1)), in any specified circumstances, when deciding whether to make an order under section 73.