New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013

- As at 23 August 2024 
- Act 97 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - APPLICATION OF ACT

   5.      Application of Act to communities
   6.      Application of Act to site agreements
   7.      Arrangements to which this Act does not apply
   8.      Places to which this Act does not apply
   9.      Declaration by Tribunal
   10.     Act to bind Crown
   11.     Exemptions from operation of Act
   12.     Contracting out prohibited
   13.     Relationship of Act with other laws

   PART 3 - REGISTRATION OF COMMUNITIES

   14.     Commissioner to keep Register
   15.     Information to be recorded in Register
   16.     Notifying particulars of community
   17.     Notifying when a place ceases to be a community
   18.     False or misleading information
   19.     Publication of certain information for public access
   20.     Evidential provisions concerning Register

   PART 4 - ENTERING INTO SITE AGREEMENTS

           Division 1 - Disclosure of information

   21.     Disclosure statement required before entry into site agreement
   22.     Approved information for prospective home owners
   23.     Rescission during cooling-off period
   24.     No restrictions on obtaining advice
   25.     False, misleading or deceptive information

           Division 2 - Site agreements

   26.     Site agreements generally
   27.     Standard site agreements
   28.     Additional terms
   29.     Prohibited terms of site agreements
   30.     No fees or charges payable before entry
   31.     Duration of site agreement
   32.     Home owner to be given copy of site agreement
   33.     Certain unexecuted site agreements enforceable
   34.     Non-compliance not to affect validity or enforceability

   PART 5 - RIGHTS AND OBLIGATIONS

           Division 1 - Basic responsibilities

   35.     What this Division is about
   36.     Home owner's responsibilities
   37.     Operator's responsibilities
   38.     Right to quiet enjoyment
   39.     Access to residential site by operator
   40.     Access to community by tradespersons and service providers
   41.     Access to community by emergency and home care service vehicles
   42.     Alterations and additions to, and replacement of, homes
   43.     Dilapidation
   44.     Additional occupants
   45.     Sub-letting residential site or assignment of site agreement
   46.     Right of home owner to appoint agent
   47.     Mail facilities
   48.     Maintenance of trees
   49.     Services, facilities and improvements
   50.     Special levy for community upgrade
   51.     Payment and use of special levy
   52.     Change of operator
   53.     Change of name or address of operator

           Division 2 - Conduct and education of operators

   54.     Rules of conduct for operators
   55.     Mandatory education briefing for new operators
   56.     Retaliatory conduct by operators

   PART 6 - SITE FEES

           Division 1 - Payment of site fees

   57.     Site fees in advance
   58.     Receipt for site fees
   59.     Records of site fees paid
   60.     Accrual and apportionment of site fees
   61.     How and where site fees to be paid
   62.     Site becoming uninhabitable

           Division 2 - Reduction of site fees

   63.     Reduction of site fees by agreement
   64.     Power of Tribunal to reduce site fees

           Division 3 - Increase of site fees

   65.     How site fees may be increased
   66.     Increase of site fees by fixed method
   67.     Increase of site fees by notice
   68.     Refund of overpaid site fees if increase not compliant

           Division 4 - Compulsory mediation about increases in site fees by notice

   69.     Mediation

           Division 5 - Applications to Tribunal about increases in site fees by notice

   70.     Application of this Division
   71.     Application following failed mediation
   72.     Application based on comparable residential sites
   73.     Orders as to excessive increases in site fees
   74.     Matters to be considered about excessive increases
   75.     Interim order suspending increases in site fees

   PART 7 - UTILITY AND OTHER CHARGES

   76.     Limit on amounts payable by home owner
   77.     Utility charges payable to operator by home owner
   78.     Unpaid utility charges
   79.     Site fees cannot be used to pay utility charges
   80.     Separate measurement or metering of supply of utility
   81.     Utility cost in site fees
   82.     Tribunal review of utility cost and reduction in site fees
   83.     Access to information about utility charges
   84.     Receipt for utility charges
   85.     Recovery of amounts paid under a mistake of law or fact

   PART 8 - COMMUNITY RULES

   86.     Subject-matter of community rules
   87.     Community rules to be consistent with other laws
   88.     Model community rules
   89.     How community rules are made
   90.     Amendment of community rules
   91.     Prohibited community rules
   92.     Compliance with community rules
   93.     Enforcement of community rules
   94.     Applications to Tribunal by residents for breaches
   95.     Applications to Tribunal about community rules

   PART 9 - RESIDENTS COMMITTEES

   96.     Establishment of residents committee
   97.     Functions of residents committee
   98.     Membership of residents committee
   99.     Office holders of residents committee
   100.    Procedure of residents committee
   101.    No more than one residents committee for a community
   102.    Residents' rights to membership of organisations
   103.    Relationship of operator with residents committee

   PART 10 - SALE OF HOMES

           Division 1 - Introduction

   104.    Application of this Part

           Division 2 - Rights and obligations regarding sale of homes

   105.    Right to sell home on residential site
   106.    "For sale" signage
   107.    Interference with right to sell home
   108.    Referral of prospective home owner to operator
   109.    Operator to enter new site agreement
   110.    Voluntary sharing arrangement
   111.    Restrictions on voluntary sharing arrangements

           Division 3 - Selling agents

   112.    Appointing a selling agent
   113.    Selling agency agreement
   114.    Operator to hold money in trust

           Division 4 - Disputes

   115.    Disputes relating to sale

   PART 11 - TERMINATION OF SITE AGREEMENTS

           Division 1 - Termination generally

   116.    Termination of site agreements
   117.    Termination by home owner
   118.    Termination by operator
   119.    Revocation of termination notices
   120.    Defects in termination notices
   121.    Disputes about termination notices

           Division 2 - Circumstances in which operator can initiate termination

   122.    Termination by operator for breach of agreement
   123.    Termination by operator for repairs and upgrading
   124.    Termination by operator for closure
   125.    Termination by operator for change in use of residential site
   126.    Termination by operator for compulsory acquisition
   127.    Termination by operator for lack of authority for use of residential site
   128.    Termination by operator for non-use of residential site
   129.    Application by operator for termination for serious misconduct

           Division 3 - Termination orders and possession orders

   130.    Termination orders
   131.    Possession orders
   132.    Prohibition on certain recovery proceedings in courts
   133.    Recovery of possession of residential site prohibited except by order
   134.    Enforcement of possession orders

           Division 4 - Termination and relocation

   135.    Relocation of home owner by agreement
   136.    Relocation of home owner by operator's request

           Division 5 - Purchase of home by owner or operator of community

   137.    Offer to buy home
   138.    Tribunal may value homes to facilitate sale

           Division 6 - Compensation for termination

   139.    Application of this Division
   140.    Compensation for relocation
   141.    Compensation where home not relocated

           Division 7 - Abandoned residential site

   142.    Abandonment of residential site
   143.    (Repealed)

   PART 12 - DISPUTES

           Division 1 - Resolving disputes by internal arrangements

   144.    Internal arrangements for voluntary dispute resolution

           Division 2 - Mediation

   145.    Operation of this Division
   146.    Home owner or operator may apply for mediation
   147.    Tribunal may refer matters for mediation
   148.    Appointment of mediators
   149.    Mediation is voluntary
   150.    Duties of mediators
   151.    Mediation procedure
   152.    Representation of parties in mediation
   153.    Restriction on evidence of things said or done during mediation
   154.    Confidentiality of mediation
   155.    Exoneration from liability for mediators

           Division 3 - Powers of Tribunal

   156.    Applications to Tribunal relating to disputes
   157.    Orders that may be made by Tribunal
   158.    Tribunal may make orders following mediation

           Division 4 - Powers of Commissioner in proceedings

   159.    Commissioner may represent persons
   160.    Commissioner may take or defend proceedings
   161.    Conduct of proceedings by Commissioner
   162.    Intervention by Commissioner

   PART 13 - ADMINISTRATION AND ENFORCEMENT

           Division 1 - Commissioner

   163.    Functions of Commissioner

           Division 2 - Administrators, receivers and managers

   164.    Application for order appointing administrator
   165.    Terms and conditions of appointment
   166.    Effect of appointment
   167.    Expenses of administration
   168.    Revocation of appointment
   169.    Receivers and managers
   170.    No personal liability of administrators, receivers or managers

           Division 3 - Complaints and disciplinary action

   171.    Complaints and action under this Division
   172.    Grounds for disciplinary action
   173.    Show cause notice
   174.    Disciplinary action
   175.    Review of disciplinary action by NCAT

           Division 4 - Offences and associated matters

   176.    Proceedings for offences
   177.    Penalty notices
   178.    Accessories to the commission of offences

           Division 5 - Powers of investigators

   179.    Powers of entry and other powers
   180.    Power to obtain information and other matters
   181.    Obstruction of investigator
   182.    Taking possession of documents to be used as evidence
   183.    Search warrants

   PART 14 - MISCELLANEOUS

   184.    Service of notices and documents
   185.    Regulations
   186.    (Repealed)
   187.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)