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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 39
Access to residential site by operator
(1) The operator of a community or a person acting on the operator's behalf
may, while a site agreement is in force, enter a residential site and any home
located on it, in the following circumstances only-- (a) with the consent of
the home owner, so long as the consent is given at the time of entry or no
more than 14 days before entry,
(b) in an emergency, so long as entry is
needed to avert danger to life or valuable property,
(c) in a case where
electricity, water or gas is supplied to the home owner by the operator--to
inspect, read, service, repair or replace any electricity, water or gas meter
located on the residential site,
(d) to comply with an obligation under this
Act or another Act, so long as (subject to the legislation concerned) at least
2 days' notice has been given to the home owner,
(e) for the purpose of lawn
or grounds maintenance, so long as-- (i) entry is made at a reasonable time
and on a reasonable number of occasions, and
(ii) the home owner has agreed
to such an arrangement, and
(iii) the home owner's agreement has not been
revoked by a notice in writing given to the operator,
(f) in accordance with
an order of the Tribunal.
(2) A person exercising a right of entry under
subsection (1)-- (a) must not act in an unreasonably intrusive manner on the
residential site or in the home, and
(b) without limiting the effect of
paragraph (a), must not, without the home owner's consent-- (i) enter a part
of the residential site or home to which entry is not reasonably required for
the purpose for which the right of entry is being exercised, or
(ii) remain
on the residential site or in the home longer than is reasonably necessary for
the purpose for which the right of entry is being exercised.
(3) The Tribunal
may, on application by a home owner or the operator of a community, make an
order settling any dispute involving entry to the residential site or home
(including by authorising entry by the operator or any other person).
(4) The
operator or any other person referred to in this section must not, while the
site agreement is in force, enter the residential site or the home located on
it except as permitted by this section. Maximum penalty (subsection (4)): 10
penalty units.
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