sec.71Application of division

### sec.71 Application of division This division applies if— the park owner for a residential park proposes to increase the site rent payable under a site agreement for a site; and 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— 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 ); 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 ); the cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and the proposed increase in site rent is not based wholly or partly on a basis provided for in the site agreement on which the site rent may be increased under division 2 . To remove any doubt, it is declared that neither of the following amounts in relation to the buyback and rent reduction scheme established under part 9A is a special cost— an amount payable by the park owner under the scheme; an amount by which site rent must be reduced under the scheme. This division applies whether or not the site agreement provides for an increase in the site rent to cover the special cost. The site rent can not be increased to cover the special cost unless the park owner complies with section 71A (1) . See sections 23 and 24 (1) . s 71 amd 2010 No. 46 s 20 sub 2017 No. 42 s 36 amd 2024 No. 28 s 20 (sec.71-ssec.1) This division applies if— the park owner for a residential park proposes to increase the site rent payable under a site agreement for a site; and 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— 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 ); 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 ); the cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and the proposed increase in site rent is not based wholly or partly on a basis provided for in the site agreement on which the site rent may be increased under division 2 . (sec.71-ssec.2) To remove any doubt, it is declared that neither of the following amounts in relation to the buyback and rent reduction scheme established under part 9A is a special cost— an amount payable by the park owner under the scheme; an amount by which site rent must be reduced under the scheme. (sec.71-ssec.3) This division applies whether or not the site agreement provides for an increase in the site rent to cover the special cost. (sec.71-ssec.4) The site rent can not be increased to cover the special cost unless the park owner complies with section 71A (1) . See sections 23 and 24 (1) . - (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 - (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 a basis provided for in the site agreement on which the site rent may be increased under division 2 . - (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 - (a) an amount payable by the park owner under the scheme; - (b) an amount by which site rent must be reduced under the scheme.