New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 39

39 Access to residential site by operator

(1) The operator of a community or a person acting on the operator's behalf may, while a site agreement is in force, enter a residential site in the following circumstances only--

(a) with the consent of the home owner, so long as the consent is given at the time of entry or no more than 14 days before entry,

(b) in an emergency, so long as entry is needed to avert danger to life or valuable property,

(c) in a case where electricity, water or gas is supplied to the home owner by the operator--to inspect, read, service, repair or replace any electricity, water or gas meter located on the residential site,

(d) to comply with an obligation under this Act or another Act, so long as (subject to the legislation concerned) at least 2 days' notice has been given to the home owner,

(e) for the purpose of lawn or grounds maintenance, so long as--

(i) entry is made at a reasonable time and on a reasonable number of occasions, and

(ii) the home owner has agreed to such an arrangement, and

(iii) the home owner's agreement has not been revoked by a notice in writing given to the operator,

(f) in accordance with an order of the Tribunal.

(1A) The operator of a community, or a person acting on the operator's behalf, may enter a home located on a residential site while a site agreement is in force for the site in the following circumstances only--

(a) with the consent of the occupier of the home given at the time of entry,

(b) in an emergency if necessary to avert danger to life,

(c) to comply with an obligation under another Act or law,

(d) in accordance with an order of the Tribunal.

(2) A person exercising a right of entry under subsection (1) or (1A)--

(a) must not act in an unreasonably intrusive manner on the residential site or in the home, and

(b) without limiting the effect of paragraph (a), must not, without the home owner's consent--

(i) enter a part of the residential site or home to which entry is not reasonably required for the purpose for which the right of entry is being exercised, or

(ii) remain on the residential site or in the home longer than is reasonably necessary for the purpose for which the right of entry is being exercised.

(3) The Tribunal may, on application by a home owner or the operator of a community, make an order settling any dispute involving entry to the residential site or home (including by authorising entry by the operator or any other person).

(4) The operator or any other person referred to in this section must not, while the site agreement is in force, enter the residential site or the home located on it except as permitted by this section.

Maximum penalty (subsection (4)): 10 penalty units.