MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 71 Application of division

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 71

71 Application of division

(1) This division applies if—

(a) the park owner for a residential park proposes to increase the site rent payable under a site agreement for a site; and

(b) the proposed increase in site rent is necessary to cover any of the following types of costs (each a
"special cost" ) that the park owner has incurred, or expects to incur, for a particular purpose—

(i) significant increased operational costs in relation to the park, including, for example, significant increases in rates, taxes or utility costs for the park (an
"operational cost" );

(ii) the cost of significant repairs in relation to the common areas or communal facilities in the park that the park owner could not reasonably have foreseen (a
"repair cost" );

(iii) the cost of significant upgrades to the common areas or communal facilities in the park (an
"upgrade cost" ); and

(c) the proposed increase in site rent is not based wholly or partly on—

(i) a market review of site rent; or

(ii) any other basis as provided for in the site agreement on which the site rent may be increased under division 2 .

(2) This division applies whether or not the site agreement provides for an increase in the site rent to cover the special cost.

(3) The site rent can not be increased to cover the special cost unless the park owner complies with section 71A (1) .

Note—

See sections 23 and 24 (1) .