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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 70A
Tribunal may appoint independent valuer for market review of site rent
70A Tribunal may appoint independent valuer for market review of site rent
(1) This section applies if— (a) the park owner for a residential park gives
a home owner a general increase notice for a proposed increase in the site
rent based on a market review of site rent; and
(b) the home owner applies to
the tribunal under section 70 (3) .
(2) The tribunal may appoint an
appropriately qualified and independent registered valuer to help the tribunal
in relation to the application including, for example, by— (a) giving the
tribunal a written valuation for a market review of site rent; or
(b) giving
expert evidence in a proceeding for the application.
(3) The tribunal may
appoint a valuer under subsection (2) if satisfied— (a) at least 1 of the
following applies— (i) consultation for preparing a market valuation for the
market review of site rent was not carried out as required under section 69D
or was not adequate;
(ii) the general increase notice was not accompanied by
a market valuation for the market review of site rent under section 69E (2) ;
(iii) the general increase notice or market valuation accompanying the notice
(the
"relevant market valuation" ) does not clearly provide for how the increased
site rent has been worked out;
(iv) the site rent is proposed to be increased
other than in accordance with the relevant market valuation;
(v) the
relevant market valuation does not reflect a reasonable market review of site
rent in the circumstances, including, for example, because the basis or
methodology for the review is not reasonable; and
(b) for a general increase
notice for the same general increase day given to the home owners for at least
5 sites in the residential park (the
"notified sites" )—the home owners for the threshold number of the
notified sites have applied to the tribunal under section 70 (3) .
(4) If the
tribunal appoints a valuer under subsection (2) , the park owner must pay the
valuer’s costs of helping the tribunal, including— (a) the costs of
preparing a written valuation, if any, required by the tribunal; and
(b) the
fees and allowances for giving evidence, if required, in a proceeding.
(5)
However, subsection (4) applies only if before appointing the valuer, the
tribunal— (a) advises the park owner of the amount the park owner is likely
to be required to pay under subsection (4) ; and
(b) gives the park owner the
opportunity to be heard on the matter of appointing the valuer.
(6) In this
section—
"threshold number" , of the notified sites, means the lesser of the
following— (a) the number at least equal to 25% of the number of the
notified sites;
(b) 20.
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