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Wrong Agreement? Don't panic - get legal advice

Thu, 12/07/2018 - 17:16
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

Thu, 12/07/2018 - 17:13
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

Thu, 12/07/2018 - 16:50
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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Buyer beware

Thu, 12/07/2018 - 16:19
Outasite article
“Buyer beware” appears to have become an unintentional theme in this issue of Outasite with various articles highlighting some of the pitfalls for home owners who purchase a home in a land lease community only to discover later that all is not as it should be.
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Home Sales: Rights, responsibilities and rules

Thu, 12/07/2018 - 16:05
For sale
When the Residential (Land Lease) Communities Act 2013 commenced on 1 November 2015 all terms of existing site agreements that prohibited or placed restrictions on the sale of homes on site became void. The RLLC Act provides all home owners with the right to sell their home on site, including those in communities situated within a Crown Reserve.
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Vale Christina

Thu, 12/07/2018 - 15:58
Christina
On 9 January 2018 Christina Steel passed away after a long illness, which she fought to her last day. She was hoping to see the end of Game of Thrones and she almost made it.
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Perseverance pays off

Thu, 12/07/2018 - 15:50
Robin
When Robyn Meyers decided to sell her home, she did not expect to have to make multiple Tribunal applications to do so. Her home was located in a residential community in Byron Bay. Property prices in Byron Bay are at a premium, and many people working there cannot afford to live there. The home belonged to Robyn’s mother and after her death legal ownership was passed to Robyn, as well as the site agreement.
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Sandy Gilbert: Resident advocate

Thu, 12/07/2018 - 15:38
Sandy
Sandy Gilbert is an advocate for residents of land lease communities in the Tweed area and a member of the Residential Parks Forum. She agreed to share her story with us for this issue of Outasite.
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Rules of conduct

Thu, 12/07/2018 - 15:12
Outasite article
Schedule 1 of the Residential (Land Lease) Communities Act 2013 sets out the rules of conduct for operators and section 54 of the Act requires compliance with those rules. Taking action regarding operator conduct can be a difficult and stressful process and many home owners either don’t try or give up. Home owners have told the Tenants’ Union there is no way to enforce the rules of conduct and operators can behave in any way they want without fear of penalty. In this article we share two stories from home owners.
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Out now! Outasite issue 4

Thu, 12/07/2018 - 14:56
Outasite 2018 cover
Outasite issue 4 is hot off the presses and finding its way into mailboxes in land lease communities all over NSW. This issue contains articles including: Electricity usage charges; Site Fee Increase dispute at NCAT; Agreements; Abandonment; Local Government Regulations; Rules of conduct; Sandy Gilbert - Resident Advocate; Sale of home; Vale Christina; Home sales; Buyer beware.
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