New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 37

37 Operator's responsibilities

(1) The operator of a community has the following responsibilities--

(a) to ensure that the community is reasonably safe and secure,

(b) to take reasonable steps to ensure that the home owners--

(i) always have access to their residential sites, and

(ii) have reasonable access to the community's common areas,

(c) to maintain the community's common areas in a reasonable state of cleanliness and repair, and so as to be fit for use by the home owners,

(d) not to intentionally or recklessly damage or destroy any property of the home owners, other occupants or their guests,

(e) to ensure that the times the operator or a representative of the operator is available to be contacted by the home owners are reasonable, having regard to all the circumstances, including the utilities supplied by the operator to residential sites,

(f) to the extent that it is within the operator's control, to ensure the continuity of supply of utilities to residential sites occupied by home owners,

(g) to take reasonable steps to keep the community's common areas reasonably free of weeds and vermin,

(h) to have in place emergency evacuation procedures and take reasonable steps to ensure that all residents are aware of these procedures,

(i) to pay all rates, taxes and other charges payable by the owner or operator of the community,

(j) to comply with all statutory obligations relating to the community,

(k) to ensure a residential site is in a reasonable condition, and fit for habitation, at the commencement of a site agreement for the site,

(l) otherwise, to comply with the site agreements and the community rules.

(2) With regard to the operator's obligation to maintain the community's common areas (in subsection (1)(c))--

(a) any necessary work must be carried out as soon as is reasonably practicable and in a way that minimises disruption to residents, and

(b) the work is to be carried out at an appropriate standard having regard to the age and prospective life of the community and to the level of fees and charges payable by residents, and

(c) if there is a failure to carry out the work at all or to an appropriate standard, the Tribunal may, on application by a home owner, make any of the following orders in respect of the failure--

(i) an order requiring work of a specified kind to be carried out,

(ii) an order that the operator pay compensation to the home owner and any other home owners,

(iii) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.