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.

 

Electricity win – a real circuit breaker

02/09/2019
Parklea land lease community residents
A few weeks ago the Tenants' Union of NSW successfully represented 93 residents from Parklea residential land lease community in Tribunal applications regarding unfair electricity charges. Residents will now receive a refund totalling approximately $80,000 for incorrect charges in their embedded electricity network dating from November 2015. This important case will assist residents across NSW to challenge overcharging for their electricity.
Read more

No Bang for your Bond!

29/08/2019
Tenant Advocates at the Network Meeting
This is the initial response from Tenants' Union of NSW, resourcing body for 19 NSW-based Tenancy Advice and Advocacy Services, to the release of funding agreements from 2019-2022 for NSW Government funding for the Tenants Advice and Advocacy Program. We welcome the continued funding of tenancy services. Renters in NSW need and appreciate the services they receive from TAASs. However, we estimate 1 in 3 seeking assistance are missing out. It makes no sense that funding isn’t increased when we know there is interest available from renters' own money in the Rental Bond Board and Property Services account.
Read more

Assignment of site agreements

07/08/2019
Outasite article
The assignment of site agreements has been an ongoing issue since the commencement of the Residential (Land Lease) Communities Act 2013 on 1 November 2015. The problem lies with a drafting error in section 45(3) and relates to whether an operator can unreasonably refuse a request for assignment of a site agreement.
Read more

Who is the operator?

07/08/2019
Outasite article
This may sound like a silly question but the answer is not always as obvious as you may think. The Residential (Land Lease) Communities Act 2013 defines an operator as being ‘the person who manages, controls or otherwise operates the community, including by granting rights of occupancy under site agreements or tenancy agreements whether or not the person is an owner of the community’. An owner is ‘the owner of the land on which the community is located’. Sometimes the owner and operator are one and the same and sometimes they are different.
Read more

The balance of power

07/08/2019
Outasite article
The main factor that affects affordability for home owners living in land lease communities is site fees. When they increase it can have a major impact. As mentioned in the article on cooperative communities, site fees are reaching extraordinary levels in some communities and many home owners are struggling. In this article we look at the three methods used to increase site fees and how home owners might dispute unfair increases.
Read more

Interference with sale

07/08/2019
Beverley and Brian Welch
The Residential (Land Lease) Communities Act 2013 (the Act) provides home owners with the right to sell their home on site. The Act also states the operator must not cause or permit any interference, or any attempt to interfere with a home owner’s right to sell the home. Similar provisions appeared in the (now repealed) Residential Parks Act 1998 yet arguably park owners and operators have always interfered in home sales. Will a recent decision of the NSW Civil and Administrative Tribunal bring a change in operator behaviour?
Read more

Dianna Evans: Land lease community advocate

07/08/2019
Di Evans
Di Evans has worked with residents of parks and land lease communities in various capacities since the late 1980’s. She has seen
permanent living in parks change from ‘housing of last resort’ to the upmarket over 55s lifestyle villages we are seeing today. 
Read more

Fairness prevails

07/08/2019
Gaye and Barry Sanders
Good news stories seem to be few and far between in land lease communities, so Barry Sanders, of Terrigal Waters Village, thinks we should share positive outcomes and acknowledge those times when operators do the right thing.
Read more