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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.

 

Out now! Outasite issue 5

06/08/2019
Outasite 2019 cover
Outasite issue 5 is hot off the presses and finding its way into mailboxes in land lease communities all over NSW. This issue contains articles including: Cooperative communities; Electricity usage charges; Fairness about site repairs; Di Evans – land lease community advocate; Interference with sale; Site fees; Identifying the operator; Assignment of site agreements; NSW Fair Trading and Service NSW; Meet the Minister.
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Is it over?

31/01/2019
Ken and Margaret
On 9 January 2019 the NSW Civil and Administrative Tribunal (NCAT) handed down the decision regarding electricity usage charges in Reckless v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park (No. 2) [2018] NSWCATCD 59. In this issue of Outasite Lite we look at the history of the ‘Reckless’ dispute, the latest decision (‘Reckless No. 2’) and the expert witness report that was provided in evidence by the operator.
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A brighter future?

05/12/2018
Parks forum
We are approaching the end of another year and have reached the third anniversary of the commencement of the Residential (Land Lease) Communities Act 2013 (the Act). In this issue of Outasite Lite we provide an update on electricity usage charges, site fees and site fee increases, operator conduct, local government regulations, the Ombudsman and celebrate the Parks Forum turning 20!
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Local Government Regulations

12/07/2018
The Grange
When you live in, or operate, a land lease community the Residential (Land Lease) Communities Act (RLLC Act) is not the only legislation you need to know about. The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation (the Regulation) also has a significant role.
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Abandoned and alone

12/07/2018
The Grauls’ home
Residential land lease community law recognises that people who purchase homes in these communities need to be compensated if the operator takes away the leasehold right on the land where their home is situated.
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Wrong Agreement? Don't panic - get legal advice

12/07/2018
David
Contract law and the rules for contract formation play a key part in everyday life and land lease communities are no different – everything flows from the contract. Contracts or agreements are usually made in writing but what if you have an agreement that is not in writing, or the agreement is different to the one you should have been given? Here we look at two matters that ended up at NCAT during late 2017 and early 2018. One where the home-owner had no written signed agreement and the other where the homeowners were given the wrong type of agreement applicable to their circumstances.
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Site fee increase disputes at NCAT

12/07/2018
NCAT
Excessive site fee increases rarely make it to the NSW Civil and Administrative Tribunal (NCAT) since the introduction of the compulsory mediation process. However, in 2017 some home owners at Gateway Lifestyle Redhead could not reach an agreement with the operator and they did go to the Tribunal.
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Power to the people at a reasonable price

12/07/2018
Power to the people
With the commencement of the Residential (Land Lease) Communities Act 2013 on 1 November 2015, the method for calculating consumption charges for electricity, gas and water changed. The Tenants’ Union has published articles, a report and held discussions with home owners, Tenant Advocates, the NSW Energy and Water Ombudsman (EWON) and NSW Fair Trading to explain that operators should not and cannot charge more than they are charged by utility providers.
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