New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 127

127 Termination by operator for lack of authority for use of residential site

(1) The operator of a community may give a termination notice on the ground that the residential site is not lawfully useable for the purposes of a residential site.

Note : For example, a notice may be given if the home owner is occupying a short term site on a permanent basis in contravention of a requirement made under the Local Government Act 1993 .

(2) The termination notice must not specify a date for vacating the residential site that is earlier than 120 days after the day on which the notice is given.

(3) A home owner whose site agreement is terminated under this section is entitled to be paid compensation in accordance with Division 6 if the residential site--

(a) was, unknown to the home owner, not lawfully useable for the purposes of a residential site at the time the agreement was entered into, or

(b) became, through some action of the operator of the community after the agreement was entered into, not lawfully useable for the purposes of a residential site.