64Power of Tribunal to reduce site fees

64 Power of Tribunal to reduce site fees

64 Power of Tribunal to reduce site fees

(1) The Tribunal may, on application by the home owner under a site agreement, make an order that the site fees payable under the agreement be reduced by an amount the Tribunal considers appropriate if it is satisfied—

(a) the amenity or standard of the community’s common areas has decreased substantially since the agreement was entered into, or

(b) a communal facility or service provided at the community when the agreement was entered into has been withdrawn or substantially reduced, or

(c) a communal facility or service as follows has not been provided at the community—

(i) a communal facility or service described in advertising, done by or for the operator, of which the home owner was aware before the site agreement was entered into,

(ii) a communal facility or service described in a document made available to the home owner by the operator before the site agreement was entered into.

(2) The Tribunal may consider any of the following documents for the purposes of subsection (1)—

(a) the site agreement,

(b) a disclosure statement or other document containing information about the community and provided to the home owner by the operator,

(c) any relevant advertising made available to the home owner by the operator before the site agreement was entered into,

(d) any other document that the Tribunal considers is relevant.