51Payment and use of special levy

#### 51 Payment and use of special levy 51 Payment and use of special levy > > (1) A special levy is payable by home owners in accordance with the special resolution by which home owners agree to pay it. > > > (2) The special levy is not payable unless the special resolution has effect. > > > (3) A special levy may be recovered as a debt owing to the operator from all home owners in the community in equal shares (with each residential site counting as one share). > > > (4) The proceeds of the special levy are to be held by the operator on trust for the home owners until used or refunded under this section. > > > (5) Once all payments of the special levy have been received by the operator, the operator must, within a reasonable time, use the money for the purpose for which the special resolution was passed. Any unused amount of the special levy must be refunded in equal shares. > > > (6) Any special levy, or part of a special levy, payable to an operator by a home owner ceases to be payable by that home owner if the home is sold. > > > (7) If a home is sold, any special levy, or part of a special levy, that has not been paid by the selling home owner becomes payable by (and recoverable as a debt from) the new home owner. > > > (8) Subsection (7) applies only if the new home owner was advised of the requirement to pay the unpaid special levy in the disclosure statement provided by the operator. > > > (9) Nothing in this section prevents an operator from contributing to the cost of a community upgrade for which a special levy has been made. > > > (10) In this section— > > > > special levy means a special levy under section 50.