New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 44

44 Additional occupants

(1) A home owner must not, except with the written consent of the operator of the community or unless the site agreement otherwise provides, allow additional persons to occupy the residential site.

(2) The operator must not unreasonably withhold or refuse the consent.

(3) The consent may be given with reasonable conditions.

(4) The Tribunal may, on application by the home owner, order that the home owner may allow other named persons to occupy the residential site without consent if the Tribunal finds that the withholding or refusal of consent was unreasonable or that unreasonable conditions were imposed.

(5) However the followings persons have an automatic right of occupation of the residential site without the need for the operator's consent, even if they are not named or referred to in the site agreement--

(a) a home owner's spouse or de facto partner,

(b) a home owner's carer.

(6) It is not unreasonable for an operator to withhold or refuse consent on the ground that the additional person does not meet age restrictions for occupancy set out in the community rules that were in force when the home owner entered into the site agreement.

(7) The Tribunal may, on application by the home owner or operator, make orders to settle a dispute arising under this section.

(8) The operator may give consent under this section, and the Tribunal may make an order under this section, despite any term of the site agreement that prohibits additional occupants or puts limits on the number of occupants.