RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - As at 14 July 2023 - Act 97 of 2013

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions

PART 2 - APPLICATION OF ACT

• 5 Application of Act to communities
• 6 Application of Act to site agreements
• 7 Arrangements to which this Act does not apply
• 8 Places to which this Act does not apply
• 9 Declaration by Tribunal
• 10 Act to bind Crown
• 11 Exemptions from operation of Act
• 12 Contracting out prohibited
• 13 Relationship of Act with other laws

PART 3 - REGISTRATION OF COMMUNITIES

• 14 Commissioner to keep Register
• 15 Information to be recorded in Register
• 16 Notifying particulars of community
• 17 Notifying when a place ceases to be a community
• 18 False or misleading information
• 19 Publication of certain information for public access
• 20 Evidential provisions concerning Register

PART 4 - ENTERING INTO SITE AGREEMENTS

Division 1 - Disclosure of information

• 21 Disclosure statement required before entry into site agreement
• 22 Approved information for prospective home owners
• 23 Rescission during cooling-off period
• 24 No restrictions on obtaining advice
• 25 False, misleading or deceptive information

Division 2 - Site agreements

• 26 Site agreements generally
• 27 Standard site agreements
• 28 Additional terms
• 29 Prohibited terms of site agreements
• 30 No fees or charges payable before entry
• 31 Duration of site agreement
• 32 Home owner to be given copy of site agreement
• 33 Certain unexecuted site agreements enforceable
• 34 Non-compliance not to affect validity or enforceability

PART 5 - RIGHTS AND OBLIGATIONS

Division 1 - Basic responsibilities

• 35 What this Division is about
• 36 Home owner's responsibilities
• 37 Operator's responsibilities
• 38 Right to quiet enjoyment
• 39 Access to residential site by operator
• 40 Access to community by tradespersons and service providers
• 41 Access to community by emergency and home care service vehicles
• 42 Alterations and additions to, and replacement of, homes
• 43 Dilapidation
• 44 Additional occupants
• 45 Sub-letting residential site or assignment of site agreement
• 46 Right of home owner to appoint agent
• 47 Mail facilities
• 48 Maintenance of trees
• 49 Services, facilities and improvements
• 50 Special levy for community upgrade
• 51 Payment and use of special levy
• 52 Change of operator
• 53 Change of name or address of operator

Division 2 - Conduct and education of operators

• 54 Rules of conduct for operators
• 55 Mandatory education briefing for new operators
• 56 Retaliatory conduct by operators

PART 6 - SITE FEES

Division 1 - Payment of site fees

• 57 Site fees in advance
• 58 Receipt for site fees
• 59 Records of site fees paid
• 60 Accrual and apportionment of site fees
• 61 How and where site fees to be paid
• 62 Site becoming uninhabitable

Division 2 - Reduction of site fees

• 63 Reduction of site fees by agreement
• 64 Power of Tribunal to reduce site fees

Division 3 - Increase of site fees

• 65 How site fees may be increased
• 66 Increase of site fees by fixed method
• 67 Increase of site fees by notice
• 68 Refund of overpaid site fees if increase not compliant

Division 4 - Compulsory mediation about increases in site fees by notice

• 69 Mediation

Division 5 - Applications to Tribunal about increases in site fees by notice

• 70 Application of this Division
• 71 Application following failed mediation
• 72 Application based on comparable residential sites
• 73 Orders as to excessive increases in site fees
• 74 Matters to be considered about excessive increases
• 75 Interim order suspending increases in site fees

PART 7 - UTILITY AND OTHER CHARGES

• 76 Limit on amounts payable by home owner
• 77 Utility charges payable to operator by home owner
• 78 Unpaid utility charges
• 79 Site fees cannot be used to pay utility charges
• 80 Separate measurement or metering of supply of utility
• 81 Utility cost in site fees
• 82 Tribunal review of utility cost and reduction in site fees
• 83 Access to information about utility charges
• 84 Receipt for utility charges
• 85 Recovery of amounts paid under a mistake of law or fact

PART 8 - COMMUNITY RULES

• 86 Subject-matter of community rules
• 87 Community rules to be consistent with other laws
• 88 Model community rules
• 89 How community rules are made
• 90 Amendment of community rules
• 91 Prohibited community rules
• 92 Compliance with community rules
• 93 Enforcement of community rules
• 94 Applications to Tribunal by residents for breaches
• 95 Applications to Tribunal about community rules

PART 9 - RESIDENTS COMMITTEES

• 96 Establishment of residents committee
• 97 Functions of residents committee
• 98 Membership of residents committee
• 99 Office holders of residents committee
• 100 Procedure of residents committee
• 101 No more than one residents committee for a community
• 102 Residents' rights to membership of organisations
• 103 Relationship of operator with residents committee

PART 10 - SALE OF HOMES

Division 1 - Introduction

• 104 Application of this Part

Division 2 - Rights and obligations regarding sale of homes

• 105 Right to sell home on residential site
• 106 "For sale" signage
• 107 Interference with right to sell home
• 108 Referral of prospective home owner to operator
• 109 Operator to enter new site agreement
• 110 Voluntary sharing arrangement
• 111 Restrictions on voluntary sharing arrangements

Division 3 - Selling agents

• 112 Appointing a selling agent
• 113 Selling agency agreement
• 114 Operator to hold money in trust

Division 4 - Disputes

• 115 Disputes relating to sale

PART 11 - TERMINATION OF SITE AGREEMENTS

Division 1 - Termination generally

• 116 Termination of site agreements
• 117 Termination by home owner
• 118 Termination by operator
• 119 Revocation of termination notices
• 120 Defects in termination notices
• 121 Disputes about termination notices

Division 2 - Circumstances in which operator can initiate termination

• 122 Termination by operator for breach of agreement
• 123 Termination by operator for repairs and upgrading
• 124 Termination by operator for closure
• 125 Termination by operator for change in use of residential site
• 126 Termination by operator for compulsory acquisition
• 127 Termination by operator for lack of authority for use of residential site
• 128 Termination by operator for non-use of residential site
• 129 Application by operator for termination for serious misconduct

Division 3 - Termination orders and possession orders

• 130 Termination orders
• 131 Possession orders
• 132 Prohibition on certain recovery proceedings in courts
• 133 Recovery of possession of residential site prohibited except by order
• 134 Enforcement of possession orders

Division 4 - Termination and relocation

• 135 Relocation of home owner by agreement
• 136 Relocation of home owner by operator's request

Division 5 - Purchase of home by owner or operator of community

• 137 Offer to buy home
• 138 Tribunal may value homes to facilitate sale

Division 6 - Compensation for termination

• 139 Application of this Division
• 140 Compensation for relocation
• 141 Compensation where home not relocated

Division 7 - Abandoned residential site

• 142 Abandonment of residential site
143. (Repealed)

PART 12 - DISPUTES

Division 1 - Resolving disputes by internal arrangements

• 144 Internal arrangements for voluntary dispute resolution

Division 2 - Mediation

• 145 Operation of this Division
• 146 Home owner or operator may apply for mediation
• 147 Tribunal may refer matters for mediation
• 148 Appointment of mediators
• 149 Mediation is voluntary
• 150 Duties of mediators
• 151 Mediation procedure
• 152 Representation of parties in mediation
• 153 Restriction on evidence of things said or done during mediation
• 154 Confidentiality of mediation
• 155 Exoneration from liability for mediators

Division 3 - Powers of Tribunal

• 156 Applications to Tribunal relating to disputes
• 157 Orders that may be made by Tribunal
• 158 Tribunal may make orders following mediation

Division 4 - Powers of Commissioner in proceedings

• 159 Commissioner may represent persons
• 160 Commissioner may take or defend proceedings
• 161 Conduct of proceedings by Commissioner
• 162 Intervention by Commissioner

PART 13 - ADMINISTRATION AND ENFORCEMENT

Division 1 - Commissioner

• 163 Functions of Commissioner

Division 2 - Administrators, receivers and managers

• 164 Application for order appointing administrator
• 165 Terms and conditions of appointment
• 166 Effect of appointment
• 167 Expenses of administration
• 168 Revocation of appointment
• 169 Receivers and managers
• 170 No personal liability of administrators, receivers or managers

Division 3 - Complaints and disciplinary action

• 171 Complaints and action under this Division
• 172 Grounds for disciplinary action
• 173 Show cause notice
• 174 Disciplinary action
• 175 Review of disciplinary action by NCAT

Division 4 - Offences and associated matters

• 176 Proceedings for offences
• 177 Penalty notices
• 178 Accessories to the commission of offences

Division 5 - Powers of investigators

• 179 Powers of entry and other powers
• 180 Power to obtain information and other matters
• 181 Obstruction of investigator
• 182 Taking possession of documents to be used as evidence
• 183 Search warrants

PART 14 - MISCELLANEOUS

• 184 Service of notices and documents
• 185 Regulations
186. (Repealed)
• 187 Review of Act
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)