New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 136

136 Relocation of home owner by operator's request

(1) As an alternative to issuing a termination notice under Division 2, the operator may, by notice in writing, request the home owner to relocate the home to a different residential site on or by a specified date, whether within the same community or within another community within a reasonable distance and with the same operator.

(2) The specified date must not be earlier than 90 days after the notice is given.

(3) If the home owner agrees to the relocation, the costs of relocating the home under this section are payable by the operator.

(4) If the home owner agrees to the relocation, a new site agreement is to be entered into, with the same or substantially the same terms and conditions as the previous site agreement, and the previous site agreement is terminated. The site fees payable under the new site agreement may be reduced, but may not be increased, by reason of the relocation.

(5) If the home owner advises the operator that the home owner does not agree to the relocation or the notice expires (whichever first occurs), the operator may elect to issue a termination notice.