Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 71C

71C Dispute resolution and application to tribunal about special increase in site rent

(1) This section applies if—

(a) the park owner for a residential park gives the home owner for a site in the park a special increase notice for a proposed increase in site rent for a stated purpose; and

(b) the home owner gives a response under section 71A (1) (g) disputing the proposed increase or is taken to dispute the proposed increase under section 71A (3) ; and

(c) the home owner is not taken to have agreed to the proposed increase under section 71B (2) .

(2) The park owner may, subject to section 116 , apply to the tribunal for an order about the proposed increase.

(3) If subsection (1) applies in relation to the home owners for 2 or more sites in the park for a proposed increase in site rent for the same stated purpose (the
"affected home owners" ), the park owner must name all the affected home owners as respondents to the application to the tribunal.

(4) If the park owner applies under subsection (2) , the tribunal, in deciding the application, may have regard to—

(a) a matter mentioned in section 70 (5) (d) to (k) ; and

(b) anything else the tribunal considers relevant.

(5) Also, the tribunal may make any of the following orders—

(a) an order confirming the proposed increase on the conditions, if any, the tribunal considers appropriate;

(b) an order reducing the amount of the proposed increase by a stated amount;

(c) an order setting aside the proposed increase;

(d) another order the tribunal considers appropriate.

(6) If the tribunal makes an order for increased site rent under subsection (5) (a) or (b) , the order must also state—

(a) the day from when the increased site rent is first payable; and

(b) if the increased site rent is to cover a repair cost or an upgrade cost—the period for which the increased site rent will be payable to cover the cost.