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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I purchased a holiday cabin in 2007 at a Cabin Park near

Customer Question

Hi. I purchased a holiday cabin in 2007 at a Cabin Park near Ulladulla on the south for $50,000 and added extras costing about $5,000.
Because of the death of my wife I put the cabin up for sale and the best offer I could get was $40,000 which I have accepted.
I had a large number of inquiries but they were all put off because of the expensive annual fees which are now $5612.00 per year. When I purchased in 2007 the fees were $3552.00 per year.
This is an increase of approx 58 percent over 9 years. On investigation it appears that the CPI has only risen 14.3 percent in this time ?
On reading the Holiday Parks long term casual occupation Act2002 I find that it states that the park owner cannot increase the occupation fees during the fixed term of the agreement unless the consumer price index increases by at least 5 percent.
As the value of the holiday cabin has been adversely affected by the excessive increase of fees do I have a case for some type of compensation ?
Best regards. ***** *****ger
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.It has been 9 years since you purchased it. If they are in breach of the act you can go back 6 years and seek a refund of the increases. But you have to take them to NCAT as they have breached the Act.You should work out the difference that you have paid and point out the section of the act and demand the money back. If they refuse then you can take them to NCAT for your money back. But you can only go back 6 years. I hope this makes sense and is of assistance.
Customer: replied 5 months ago.
Hi Leon
How can I tell if they are in breach of the act? I thought you would be able to tell me
Expert:  Leon replied 5 months ago.
Good EveningYou mentioned that the act says that the levies are not to increased unless CPI is more than 5% the CPI is not running anywhere near 5%You show the tribunal that the increases have occurred and what they are and also provide evidence of the CPI from the Australian Bureau of Statistics.

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