68Refund of overpaid site fees if increase not compliant

68 Refund of overpaid site fees if increase not compliant

68 Refund of overpaid site fees if increase not compliant

(1) A home owner under a site agreement may apply to the Tribunal for an order directing the refund of overpaid site fees on the ground that the increase of site fees did not comply with a requirement of this Division.

(2) The Tribunal may make any of the following orders—

(a) an order directing a refund to the home owner,

(b) an order directing a refund to any other home owner in the community who the Tribunal becomes aware also had a non-compliant increase of substantially the same kind,

(c) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

(3) An application under this section must be lodged no later than 12 months after notice of the increase was given to the home owner.