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Local Government complications

Jean
The list of issues surrounding the interaction of local councils and local government regulations with land lease community operators and home owners is long. To bring some of these issues into focus we have decided to highlight the plight of home owners in four land lease communities in the Illawarra.
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An Independent Voice

Jill Edmonds
The Independent Park Residents Action Group began to take shape in 2013 when twenty-two home owners’ representatives travelled to the Central Coast for an urgent meeting. The meeting was prompted by two issues.
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Interference with Sale of Home

Reece's home
Allan and Lynn Reece are home owners and age pensioners. They live in a land lease community called Emerald Tiki Village Caravan Park at Anna Bay in NSW. In early June, 2017 the Reece’s met Mr John Frost, the owner/operator of Emerald Tiki Village. The operator was selling the home on site 10.
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Age restriction rule allowed

children on a trampoline
A challenge to an age restriction rule has failed and new home owners and their occupants must be over 55 years of age despite the community being a holiday park marketed at families with young children. We agree with the home owners, an age restriction rule in such communities is nonsensical.
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Retirement upheaval update

Hacienda holiday park
In the long-running Hacienda saga, home owners have achieved a very significant outcome in the face of misconduct by a rogue operator.
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Contempt

David Dodge
Orders made by the Tribunal are legally binding. So what happens when Tribunal orders are not complied with?
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David vs Goliath

Bob Morris as David
Bob Morris became an advocate for other home owners in his community when they decided to challenge the legality of the fixed method site fee increase that is a term of their site agreements. Bob wrote this article to share his experience and to highlight some of the difficulties facing home owners when they want to assert or protect their legal rights.
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Palm Lake Resort Appeal Dismissed

Outasite logo
On 30 June 2021 the NSW Civil and Administrative Tribunal (NCAT) Appeal Panel handed down the decision in Palm Lake Resort P/L v King and Metcalfe NSWCATAP 195. The proceedings were an appeal by the operator against a finding by the Tribunal at first instance that the site fee increase term in the home owners’ site agreements contained more than one fixed method. This case is similar to the one at Kincumber Nautical Village (see preceding article ‘David vs Goliath’) however the fixed method terms being disputed were different.
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Increased rent relief support payments, but NSW Eviction Moratorium must be extended

Text box with stylised image of coronavirus cell and buildings. Text reads: COVID-19 rental support. Financial support extended to $3000 for waived rent Further protections required to help prevent virus spread and economic harm.
Yesterday the NSW Government announced they are increasing the rent relief support available up to $3000 for landlords who reduce (waive) rent by this amount for impacted tenants. We welcome and would like to thank Minister Anderson for extending rent relief support. There are a number of ways in which current restrictions and protections should be further clarified and strengthened to ensure they support and protect the community as intended. Our key recommendations in this article.
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The tale of Alan and Annie: living in affordable housing and retiring from paid work

Moving a home person with packed boxes and moving furniture, Attribution: pikisuperstar - www.freepik.com
‘What happens to an affordable housing tenant when they retire? Will they be forced to move?’ The Tenants' Union of NSW isn't sure of the answer to this question. So, Robert Mowbray - the Tenants' Union's Older Renters Policy Officer - went to do a bit of digging.
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