Outasite Lite logo

 

 

 

Outasite Lite is our land lease community email newsletter, sent 3-4 times a year. Subscribe hereOutasite magazine is printed once a year and distributed via post. Both are free for residents and their advocates. Full archive here.

 

How did we get here?

01/09/2020
Outasite logo
With the review of the Residential (Land lease) Communities Act 2013 due to commence at the end of the year we thought it would be interesting to take a look at the history of tenancy legislation in residential parks in NSW. The earliest record of any legislation regarding tenancies in caravan parks appears to be in the Landlord and Tenant (Amendment) Act 1948. Special provisions were included in this Act to control the rents of caravans and sites. The Rent Controller was given the power to publish the maximum allowable rents for caravans or sites in various parts of the State.
Read more

Retirement upheaval

01/09/2020
Hacienda holiday park
On 31 December 2019, His Honour Justice Rothman finally handed down his decision in the case of Commissioner for Fair Trading v Jonval Builders Pty Ltd, Hacienda Caravan Park Pty Ltd and John Allan Willmott [2019] NSWSC 1893. This Supreme Court of NSW decision is the culmination of nearly 5 years of legal proceedings and some 8 years since the home owners first sought assistance through their residents associations from NSW Fair Trading. The proceedings were brought by NSW Fair Trading Legal Services.
Read more

Community rules

01/09/2020
Water sports
We could write three or four articles about community rules and still not address all of the confusion and questions that arise out of Part 8 of the Residential (Land Lease) Communities Act. We have written articles before on this subject and no doubt will write more in the future, but in this article we are going to focus on compliance with community rules. The RLLC Act enables written community rules to be made about the use, enjoyment, control and management of a community. The community rules must be fair and reasonable and clearly expressed.
Read more

Hummmmm

01/09/2020
power lines
Just when we think it’s all over a brand new electricity conundrum pops up. This time the question is whether an operator can stop providing electricity to home owners through the embedded network, and effectively force those home owners to contract with a particular energy retailer. In three land lease communities that we are aware of, this exact situation has been unfolding.
Read more

Shifting sands

01/09/2020
Lakeline
It is fair to say that land lease living is a unique arrangement. The community aspect is attractive to many people but when you own a home that sits on land owned by another party, you cannot be sure that the land use won’t change. The actual land itself is unlikely to change, however its designated use can. Most commonly we see this when a community operator changes a residential site from long-term to shortterm, or vice versa. This can be done by a simple amendment to the approval to operate, which is issued by the local council under section 68 of the Local Government Act 1993. Neither the operator or the council is required to notify anyone about the change and affected home owners usually don’t find out until later
Read more

Changes are coming

26/06/2020
Heart
When we last published Outasite Lite at the beginning of April the COVID-19 pandemic was in its early stages and the NSW Government had just issued the first Public Health Order restricting the gathering and movement of people. In May and June those restrictions were eased slightly and from 1 July they will be eased further.
Read more

Recently at NCAT

26/06/2020
NCAT
Getting back to site fee increases, the NSW Civil and Administrative Tribunal has recently heard and determined an interesting case where the operator issued two notices of increase, claiming the second notice cancelled the first.
Read more

Renters' Guide to COVID-19

25/05/2020
Covid19 graphic
The Tenants' Union of NSW is regularly updating our Renters' Guide to COVID-19. The Guide covers common questions about renting in NSW during the Coronavirus COVID-19 crisis.
Read more