About Landlease Communities
What is a land lease community?
In a land lease community you own the home but lease the land on which the home sits from the community operator. The home may be a manufactured home or a moveable dwelling such as a caravan. You pay site fees (rent) for the right to occupy the site.
Even when a community has a rule that residents must be over a certain age to live there, it is not a retirement village. All land lease communities are covered by the Residential (Land Lease) Communities Act 2013.
Hundreds of land lease communities currently operate in NSW and offer a variety of services, facilities and financial arrangements. Some cater only to permanent home owners. Others have a mixture of tourists, tenants and long-term casual occupants. There are also different types of operators within the industry, ranging from large corporations to small family businesses.
Moving into a land lease community?
NSW Fair Trading – What they do
• Shopping and consumer guarantees
• Renting, buying, selling a home
• Home building and renovating
• Strata and community living
• Loose-fill asbestos insulation
program
• Retirement villages
• Co-operatives, associations and
charitable fundraising
• Product safety
• Resolving disputes
Before entering into an agreement
Buying a home in a land lease community usually involves buying an existing home from an outgoing home owner or buying a home directly from the operator. To buy a home you will need to agree on a price and sign some form of contract for sale. Before you sign anything, remember that:
The operator must give you a disclosure statement. This statement highlights the key aspects, including details of the fees and charges that will be payable for a particular site and the services and facilities available in the community. Comparing disclosure statements from different land lease communities can help you make a more informed decision.
You must have the disclosure statement for at least 14 days before signing a site agreement. Do not rely solely on the disclosure statement – use this time to think things over and seek advice. You can also ask for a sample site agreement, any community rules and the community map. This 14 day period cannot be waived.
Buying a home in a community is a major legal and financial commitment – visit it at least once.
Signing The Documents
Once you have decided to buy a home in a land lease community, the next step is to sign a contract for sale to buy the home from the seller and a site agreement to rent the site from the operator. Make sure you understand all the terms and conditions and read the fine print before you sign. Ask questions and think about negotiating any terms that are negotiable. You can take the documents away and bring them back later.
Once you have signed the site agreement the law gives you a 14 day cooling-off period if you change your mind. You can cancel the arrangement without penalty during this period as long as you have not started living in the home (or have not put a home on the site). If you are buying the home from an outgoing home owner (rather than the operator), you should check the terms of your Contract for Sale to ensure you can also cancel that contract.
Your right as a home owner
Before you move in
You have a right to:
- be given a disclosure statement and this brochure
- a written site agreement and site condition report
- a 14 day cooling-off period
- not be restricted in seeking advice
- not pay any fees or charges until you sign an agreement
When you move out
You have a right to:
- sell your home onsite
- appoint a selling agent (including the operator) if you wish
- put a ‘for sale’ sign in or on your home
- remove any fixtures you have added to the site if you don’t want them to be part of the sale
- receive compensation if your agreement is terminated in certain circumstances.
While you live there
You have a right to:
- privacy and quiet enjoyment of your home
- reasonable access to all common areas
- be given receipts for any money you pay
- proper written notice of site fee increases
- seek to be a member of the residents committee (if any)
- be a member of any external resident organisation
- decide whether or not to insure your home and contents
- be given 30 days notice of a change to community rules
- security of tenure (your agreement can only be terminated on limited grounds set out by law)
- be protected from retaliatory conduct
- live in a community that is clean, well maintained, reasonably safe and secure
- receive a reduction in your site fees if services and facilities are significantly reduced, withdrawn or not delivered
- make alterations or improvements inside your home, and outside (with the operator’s permission)
- appoint an agent to receive notices
- reasonably accessible and secure mail facilities
- access dispute resolution services through NSW Fair Trading and the NSW Civil and Administrative Tribunal.
Some Happy Clients
Steven Moy
Buyer
Not your typical Real Estate Agent! James was wonderful from the start….
So Professional, courteous, knowledgeable & helpful. Not your average Real Estate agent, but in a good way! I was kept informed every step of the way, nothing was a problem. I would highly recommend James if you are buying or selling your property.
Thanks again James it was a pleasure doing business with you.
Lauren Shields
Vendor
“Just a Top Bloke”. Instantly very likeable, warm and courteous, professional yet you feel like he’s your best friend.
James’ demeanour as a Realtor is quite extraordinary and most welcoming. He was most efficient, down to earth and extremely pleasant to work with. He sold my humble property in just 3 days, unexpected as it was, but James was most caring to my needs and communication was utmost tops. He will always be the Top Bloke in my eyes.
Well done James!
Peter & Bernice Hart
Buyer
We purchased from James. We bought our next chapter of life with confidence.
James offered a property that ticked all our boxes.
He has a great understanding of the Broadlands community, making the purchase an absolute no fuss task. His communication with us was always clear, to the point and honest.
Thank you James, you made this so easy for us.
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