Site fee reduction for problems in common areas
You can use this sample letter in the event that some part of the common areas of the land lease community have been reduced or withdrawn. More information: Factsheet: Site fee reductions in land lease communities.
Copy and paste the template letter below or download a copy from the link above. Remember to substitute your details for the details contained in [square brackets].
[Your name and address]
[Date]
[Operator or managers name and address]
Dear [INSERT Operator name]
Re: Request for site fee reduction for site [INSERT Your site number]
I write to bring your attention to [CHOOSE OPTION: the significant decrease in amenity and standard of... / the withdrawal of… / the fact you have not provided...] the following communal facility or service for the community:
From [INSERT: date] to [INSERT: date] I have not been able to make proper use of [INSERT: Name the facility or service]. I request that you [INSERT: what action is required by the Operator to fix this]
Or
From [INSERT date] to [INSERT date] I have not had access to [INSERT: Name the facility or service]. I request that you [INSERT: what action is required by the Operator to fix this]
Or
From [INSERT date] to [INSERT date] you have not provided [INSERT: Name the facility or service]. I request that you [INSERT what action is required by the Operator to fix this]
Please note that under section 37 of the Residential Land Lease Communities Act 2013 the Operator must take reasonable steps to ensure reasonable access to the community's common areas and has an obligation to maintain the community’s common areas in a reasonable state of cleanliness and repair so they are fit for use.
I note that, under section 64 of the Act, I have the right to apply to the Tribunal for a site fee reduction.
I would prefer to reach a mutual agreement within a reasonable time frame as is permitted under section 63 of the Act.
My daily site fees are [INSERT: your weekly site fees divided by 7] and represent 100% of the services provided in my agreement.
I therefore request a $[INSERT amount] reduction per day until such time as all work is complete to a professional standard.
I am agreeable to and propose that any retrospective amounts owing for site fee reduction can be credited to my site fee ledger.
Please provide written confirmation of your agreement or an alternate offer to resolve this matter by [INSERT date - we recommend 1 week from date of the letter].
If you have any questions regarding this letter, or if you require any further information, please contact me on [your phone number]
Sincerely
[Insert Your name]