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Residential (Land Lease) Communities Act 2013
64Power of Tribunal to reduce site fees
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#### 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—
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> > > (a) the amenity or standard of the community’s common areas has decreased substantially since the agreement was entered into, or
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> > > (b) a communal facility or service provided at the community when the agreement was entered into has been withdrawn or substantially reduced, or
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> > > (c) a communal facility or service as follows has not been provided at the community—
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> > > > (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,
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> > > > (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.
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> > (2) The Tribunal may consider any of the following documents for the purposes of subsection (1)—
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> > > (a) the site agreement,
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> > > (b) a disclosure statement or other document containing information about the community and provided to the home owner by the operator,
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> > > (c) any relevant advertising made available to the home owner by the operator before the site agreement was entered into,
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> > > (d) any other document that the Tribunal considers is relevant.