Residential (Land Lease) Communities Act 2013 (NSW)

Residential (Land Lease) Communities Act 2013 No 97

An Act to provide for the governance and regulation of residential communities; to repeal the Residential Parks Act 1998; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Residential (Land Lease) Communities Act 2013.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to improve the governance of residential communities, (b) to set out particular rights and obligations of operators of residential communities and home owners in residential communities, (c) to enable prospective home owners to make informed choices, (d) to establish procedures for resolving disputes between operators and home owners, (e) to protect home owners from bullying, intimidation and unfair business practices, (f) to encourage the continued growth and viability of residential communities in the State.

4 Definitions (1) In this Act— approved form means a form approved by the Commissioner. capital gain, for Part 4, Division 3—see section 34A. capital share amount, for Part 4, Division 3—see section 34B(b)(i). close associate of an operator includes any of the following— (a) the spouse or relative of the operator, (b) an employee or agent of the operator, (c) a company of which the operator is a director, employee or agent, (d) a person who has a relationship with the operator that is of a kind prescribed by the regulations. Commissioner means— (a) the Commissioner for Fair Trading, Department of Customer Service, or (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service. common area means any amenities, building, facilities, open space, road or other area provided for common use. community or residential community means an area of land that comprises or includes sites on which homes are, or can be, placed, installed or erected for use as residences by individuals, being land that is occupied or made available for occupation by those individuals under an agreement or arrangement in the nature of a tenancy, and includes any common areas made available for use by those individuals under that agreement or arrangement.