New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 86

86 Subject-matter of community rules

(1) Written rules relating to the use, enjoyment, control and management of a community may be made in accordance with this Part.

(2) Without limiting subsection (1), a community rule may be made with respect to any matter specified in the regulations as being a matter that may be the subject of a community rule.

(3) The community rules must be fair and reasonable and must be clearly expressed.

(4) There is a rebuttable presumption that a community rule is not fair and reasonable if it does not apply uniformly to all residents of the community.

(5) A community rule cannot invalidate anything that has already occurred.

(6) A community rule that prohibits a pet does not apply to a pet that is living with a resident of the community when the rule is made and that continues to live there after the rule is made.

(7) A term of a site agreement or tenancy agreement has no effect to the extent the term would--

(a) make all or any part of the community rules part of the agreement, or

(b) be substantially the same (or to the same effect) as a provision of a community rule or any part of a community rule.

(8) A term of a site agreement or tenancy agreement prevails over a provision of the community rules to the extent of any inconsistency. This applies whether the provision of the community rules came into effect before, on or after the date of the agreement.