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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 86
Subject-matter of community rules
(1) Written rules relating to the use, enjoyment, control and management of a
community may be made in accordance with this Part.
(2) Without limiting
subsection (1), a community rule may be made with respect to any matter
specified in the regulations as being a matter that may be the subject of a
community rule.
(3) The community rules must be fair and reasonable and must
be clearly expressed.
(4) There is a rebuttable presumption that a community
rule is not fair and reasonable if it does not apply uniformly to all
residents of the community.
(5) A community rule cannot invalidate anything
that has already occurred.
(6) A community rule that prohibits a pet does not
apply to a pet that is living with a resident of the community when the rule
is made and that continues to live there after the rule is made.
(7) A term
of a site agreement or tenancy agreement has no effect to the extent the term
would-- (a) make all or any part of the community rules part of the agreement,
or
(b) be substantially the same (or to the same effect) as a provision of a
community rule or any part of a community rule.
(8) A term of a
site agreement or tenancy agreement prevails over a provision of the
community rules to the extent of any inconsistency. This applies whether the
provision of the community rules came into effect before, on or after the date
of the agreement.
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