FREQUENTLY ASKED QUESTIONS

"I have a residential site agreement issued under the
Residential Parks Act 1998. If my community operator asks me
to sign a new agreement after November 1st 2015, what should
I do?"

There is no requirement for you to enter into a new site agreement.
Your current site agreement continues on regardless of the new
legislation.

If you wish to enter into a new agreement, seek advice first.

If you currently have no physical copy of your site agreement, you are
deemed to have one under law.


"My park owner has issued a rent increase notice before the
new legislation starts. Which legislation would the rent increase
be dealt under if I apply to the Tribunal?"

If you have already received a rent increase notice and have already
lodged an application to the Tribunal, your matter will be dealt with by
the Residential Parks Act 1998.

If your park owner has issued a rent increase notice and you apply to
the Tribunal on or after November 1st 2015, your matter will be dealt
with under the Residential (Land Lease) Communities Act 2013.


"I have an order from the Tribunal that was made prior to the
Residential (Land Lease) Communities Act 2013 starting. Which
Act applies to those orders after the start of the new
legislation?"

Any order made in the Tribunal prior to the new legislation starting shall
still be in force after the new legislation starts and will continue to be in
force for the duration of the order despite the old legislation being
repealed.


"I have a movable dwelling agreement or a NPWS Agreement
issued under the Residential Parks Act 1998. What happens to
my agreement once the new legislation starts?"

After commencement of the Residential (Land Lease) Communities Act
2013, it is taken that your prior agreement will become a Residential
Site Agreement between the home owner and the community operator.
Excluded agreements are those in which the resident rents both the
home and site, and these agreements will be a Residential Tenancies
Agreement under the Residential Tenancies Act 2010.


"I’m selling my home. Does the new legislation affect the sale?"

No. The new legislation has no effect on your ability to continue to sell
your home.
"I am on the Liaison Committee. What
happens to the Committee after the new
legislation begins?"

If there is only a Liaison Committee in the
community, then that Liaison Committee will
become a Residents Committee, and any
representatives from the community owner on that
committee shall not be able to continue as part of
that committee.

If there is only a Residents Committee, then there
will be no change.

If there is a Residents Committee and a Liaison
Committee, then the Liaison Committee shall be
dissolved.


"I noticed there are some new fees and
charges that may be applicable under the
new legislation. Can my community owner
charge those retrospectively?"

No. Any new charges that may be permitted under
the Residential (Land Lease) Communities Act 2013
cannot be charged to an agreement made before
the commencement of the new legislation.

Further, any outstanding utilities charges that have
not been paid at the commencement of the new
legislation cannot be charged a late fee.


"What happens to the park rules after the
new legislation begins?"

Any park rules that have been made under the
Residential Parks Act 1998 will be known as
Community Rules under the Residential (Land
Lease) Communities Act 2013 and will remain valid.

Importantly, any park rule that formed part of your
agreement under the old Act will be taken to no
longer be terms of the agreement under the new
legislation.
Representing Residential Land Lease Communities
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