New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 26

26 Site agreements generally

(1) The operator of a community must ensure that the site agreement for a site in the community is in writing at the commencement of the agreement.

: Maximum penalty--20 penalty units.

(2) The agreement must--

(a) identify the residential site by its number and its dimensions, and

(b) state--

(i) the operator's name and address for service of documents, and

(ii) if the operator is a company--the address of the registered office of the company, and

(iii) if the operator is not the owner of the community--the name of the owner, and

(c) be signed by the parties, and

(d) comply with any other requirements prescribed by the regulations (including as to the content or form of the agreement).

(3) If a site agreement does not comply with a requirement of subsection (2), the operator of the community is guilty of an offence.

: Maximum penalty--20 penalty units.

(4) The Tribunal--

(a) may, on application by a home owner who was not given a written site agreement at the time occupation of the residential site commenced, order the operator to prepare and enter into--

(i) a written site agreement in the relevant standard form, if prescribed, or

(ii) a written site agreement that includes, or contains only, terms specified or of a kind specified by the Tribunal, if there is no relevant prescribed standard form, and

(b) may, by the same order, specify a commencement date for the agreement that occurred before the order was made.