New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 107

107 Interference with right to sell home

(1) The operator of a community must not cause or permit any interference with, or any attempt to interfere with--

(a) a home owner's right to sell a home, or

(b) a home owner's right to display a "for sale" sign in or on a home.

: Maximum penalty--100 penalty units.

(2) Without limiting subsection (1)--

(a) interference with a home owner's right includes hindering the exercise of the right, and

(b) interference with a home owner's right to sell a home includes unreasonably restricting prospective home owners from inspecting the home or any common area of the community, and

(c) interference includes making false or misleading statements about the community that affect or may affect either right, and

(d) interference includes taking any action to require the home owner to comply with any requirement made by or under the Local Government Act 1993 after becoming aware that the home owner is seeking to sell his or her home (unless the matter has been the subject of previous action).

(3) An operator does not interfere with the right to sell the home if the operator declines to enter into a site agreement with a prospective home owner and does so on reasonable grounds.

(4) Without limiting subsection (3), reasonable grounds can be established on--

(a) the basis of unfavourable information about the prospective home owner contained in a residential tenancy database referred to in the Residential Tenancies Act 2010 , other than a database referred to in section 210 of that Act, or

(b) the basis that the prospective home owner has been evicted from the community or another community within the past 5 years for a breach of a site agreement by the prospective home owner.