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​Residential communities orders

Consumer and Commercial Division

A residential communities application to NCAT should request at least one of the following orders under the Residential (Land Lease) Communities Act 2013.  Refer to the relevant section of the Act for more details.

Declaration

Section ​Orders ​Who can apply? ​Time limits
9

An order declaring that:
(a) a specified place is or is not a community, or
(b) a specified agreement is or is not a site agreement, or
(c) a specified contact, agreement or arrangement was or was not made in good faith

Any person ​-

Site Agreements

Section ​Orders ​Who can apply? ​Time limits
21(4) An order requiring the operator to provide a disclosure statement Prospective home owner ​Within 14 days after request for disclosure statement was made
26(4) An order that the operator prepare and enter into a written site agreement ​Home owner ​Period during which the home owner did not have a written site agreement
27(5) ​An order that the operator prepare and enter into a site agreement that is in the relevant standard form ​Home owner Period during which the site agreement is in force (where agreement is not in the relevant standard form)
28(2) ​An order declaring an additional term of the site agreement is void Home owner or operator ​Period during which site agreement is in force
29(4) ​An order for the Tribunal to consider whether part or all of a specific term of a site agreement is void ​Home owner or operator ​Period during which site agreement is in force

Rights and Obligations

Section ​Orders ​Who can apply? ​Time limits
37(2)(c) An order that the operator carry out work or pay compensation due to failure to carry out work at all or to an appropriate standard to the community's common areas ​Home owner ​Within 90 days from date work was completed or was expected to be completed
38(2) An order concerning the home owner's right to quiet enjoyment ​Home owner ​Within 6 months from date of alleged non-compliance
39(3) ​An order involving entry to the residential site or home by the operator or other person ​Home owner or operator -
40(4) An order concerning access to the community by tradespersons or service providers ​Resident ​-
41(2) ​An order concerning access to community by emergency and home care service vehicles Resident or representative of an emergency or home care service agency ​-
42(4) ​An order that an alteration, addition or replacement be carried out without the operator's consent ​Home owner -
43(2) ​An order requiring the home owner to carry out work to rectify a dilapidated site or home or carry out work to rectify a health or safety risk ​Operator ​Within 60 days from date notice to carry out work was issued
43(3) ​An order declaring that the notice to carry out work is invalid or that the period of 60 days be extended ​Home owner ​Within 60 days from date notice to carry out work was issued
44(4) ​An order to allow additional persons to occupy the residential site without the operator's consent ​Home owner -
44(7) ​An order to settle a dispute about additional occupants ​Home owner or operator ​-
45(6) ​An order concerning the sub-letting of a residential site or assignment of site agreement Home owner or operator ​-
47(3) ​An order concerning secure mail facilities ​Home owner ​Period during which site agreement is in force
48(4) ​An order concerning the planting and maintenance of trees ​Home owner ​Period during which site agreement is in force
48(5) ​An order for the removal of a tree that has been planted without consent ​Operator ​Period during which site agreement entered into by the home owner responsible for the planting is in force
​50(5) ​An order concerning a special resolution to pay a special levy for a community upgrade ​Operator or home owner ​-
56(2) ​An order concerning retaliatory conduct by the operator ​Home owner ​Within 90 days from date on which alleged non-compliance occurred

Site Fees

Section ​Orders ​Who can apply? ​Time limits
​64(1) An order that the site fees payable be reduced due to a withdrawal or reduction in community amenities or facilities ​Home owner ​During period site agreement is in force
​71(1)

​An order concerning the objection to an increase in site fees by at least 25% of home owners

Note: Please use the separate 'Residential communities collective application' form to apply for orders under this section

One or more affected home owners ​Within 14 days after date compulsory mediation failed

Utility and Other Charges

Section ​Orders ​Who can apply? ​Time limits
78(2) ​An order requiring the home owner to pay:
(a) an unpaid utility charge, or
(b) An unpaid fee for late payment, or
(c) an unpaid fee for a dishonoured payment
Operator -
​81(3) ​An order concerning a utility cost notice ​Home owner ​Within 30 days after receiving the notice
82(3) ​An order to reduce the site fees payable on grounds that:
(a) the operator did not issue the utility cost notice as per section 81(2), or
(b) the home owner disputes the utility costs
​Home owner ​Within 30 days after receiving the notice
85(3) ​An order concerning the recovery of an amount mistakenly paid ​Home owner or operator -

Community Rules

Section ​Orders ​Who can apply? ​Time limits
93(3) ​An order that the resident comply with the community rules within a specified period and/or termination of the resident's site agreement or tenancy agreement Operator Within 30 days from date of end of the 30-day period that the breach of community rule was to be remedied
​94(2) ​An order that the operator comply with the community rules within a specified period ​Resident ​Within 30 days from date of end of the 30-day period that the breach of community rule was to be remedied
95(1) ​An order concerning the community rules or procedure for making or amending the rules Resident or operator -

Residential Committees

Section ​Orders ​Who can apply? ​Time limits
101(2) ​An order determining which body or committee is the residents committee for the community Operator or resident -

Sale of Home

Section ​Orders ​Who can apply? ​Time limits
​110(5) ​An order that the home owner pay amount owing under the voluntary sharing arrangement ​Operator ​-
115(1) ​An order resolving a dispute concerning the sale of the home, terms of the proposed site agreement or the proposed site fees ​Home owner or prospective owner or operator or selling agent ​-

Termination of Site Agreement

Section ​Orders ​Who can apply? ​Time limits
​121 An order resolving a dispute about a termination notice​ ​A party to a site agreement ​-
123(4) ​An order settling a dispute as to whether vacant possession is necessary for repairs and upgrading ​Home owner ​Within 90 days after receiving termination notice
124(6) ​An order that the date for vacating the site given in termination notice on ground of community closure be postponed ​Home owner ​Within 90 days after receiving termination notice
125(3) ​An order authorising the operator to give a termination notice because of a proposed change of use of the residential site ​Operator ​-
125(6) ​An order that the date for vacating the site given in termination notice on ground of proposed change in use of residential site be postponed ​Home owner ​Within 90 days after receiving termination notice
129(1) ​An order for termination on ground of serious misconduct ​Operator ​Within 30 days from date of alleged serious misconduct became known to the operator
130(1) ​An order for termination and possession of residential site ​Operator ​-
138(2) ​An order determining the value of the home for proposed sale of the home to the community owner ​Community owner or operator or home owner ​-
​140(4) ​An order concerning compensation to home owner for relocation of home ​Home owner or operator ​Within 12 months from date home installed on new site
141(8) ​An order concerning compensation to home owner where home not relocated ​Home owner or operator ​Within 90 days from date of alleged non-compliance
142(1) ​An order declaring that the home owner abandoned the residential site and for possession of residential site ​Operator ​-
143(2) ​An order giving directions as to how abandoned home or goods is to be dealt with after site agreement is terminated ​Operator ​-

Mediation

Section ​Orders ​Who can apply? ​Time limits
158 An order to give effect to an agreement or arrangement arising out of mediation Any party -