Member Update 09.04.2022
Member Update 09/04/22
Again, we cast our minds to the topic of Market Rent Reviews. These are an intrinsic part of our current legislation which provides they can occur every 3 years. The next is due in 2023, just around the corner and the last one isn’t finalised yet.
Now that we’ve all had the opportunity to read the Reasons document from QCAT, as much as the legal speak is confronting for most, there is some really valuable information that can be derived from it for the future. This will establish a base from which to work and whist it is not prescriptive it does guide future committees on what is required. You can view the document on our website or this URL https://archive.sclqld.org.au/qjudgment/2022/QCAT22-091.pdf
This is the valuable information I took from the document:
1. The QCAT Tribunal will not set a rental amount but will, based on the evidence of experts, determine if an amount that has been set by the park owner is excessive. 2. We cannot simply offer an opinion in evidence as a lay person. Facts of the case are established based on expert advice which must quantify a dollar amount attributed to that advice e.g. (say) the location of the speedway to RVHB is a detriment of $5.00 per week when compared to another village in another location. 3. A large chunk of quite valuable evidence assembled by the team who worked on the appeal was ignored in the outcome because it was not submitted by an “expert” and dollar amount quantified. Hence the submission by the valuer for Serenitas was the only expert evidence and it was taken as a given - erroneous or not. 4. The same can be said for our final submission to the tribunal. To cement our case in legal terms we need qualified and experienced legal assistance to at least peruse the document.
We are yet to learn if Serenitas will appeal the decision of 10/11/21 but whether they do or not you can rest assured they will seek to up the ante next time. That is why we must be in a position to have sufficient resources to compete. Those resources will most likely come from membership fees (and if necessary, a special levy of members) spread out over time to ease the financial impact on members.
Scary......maybe if you don’t think about it. But think of this; to those part of the appeal the last rent reduction of $11.50 per week (subject to appeal if it happens) is a permanent amount going forward plus CPI for every week you live in the village. So far, you’ve achieved this with a single $15 outlay and over a 3-year period amounts to $1800 plus CPI as applied. To those more recent members not part of the appeal, it is potentially what the future could hold.
I don’t want to pre-empt a decision of the next committee but say the membership fee is $30 per year, with approximately 235 members over 3 years (being the Market Rent Review period) the Association would generate over $21,000 - a good start to engaging worthwhile expert assistance. Surely, based on the last decision to reduce your rent, it would be worth 3 weeks of rent reduction per year to be part of this.
Greg Trent President