New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 142

142 Abandonment of residential site

(1) The Tribunal may, on application by an operator, make any of the following orders--

(a) an order declaring that a home owner abandoned a residential site on a day stated in the declaration,

(b) an order for possession of the residential site,

(c) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

(2) In deciding whether a home owner has abandoned a residential site, the following matters may be considered--

(a) whether site fees payable under the site agreement are unpaid,

(b) whether the residential site is unoccupied and neglected,

(c) whether the home owner's mail is being collected,

(d) reports from neighbours, or other persons, about the absence or whereabouts of the home owner,

(e) whether electricity or other services to the residential site have been disconnected or terminated,

(f) whether the home owner's goods or personal effects have been removed from the residential site,

(g) any other matters the Tribunal considers relevant.

(3) A home owner is taken to have abandoned the residential site on the day stated in a declaration under this section.