NSWIn ForceAct
Residential (Land Lease) Communities Act 2013
34CVoluntary sharing arrangements in site agreements
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#### 34C Voluntary sharing arrangements in site agreements
34C Voluntary sharing arrangements in site agreements
> > (1) A site agreement may include a voluntary sharing arrangement.
>
> > (2) A site agreement that includes a voluntary sharing arrangement (a VSA Site agreement) must not include—
> >
> > > (a) a term that requires the home owner to pay an entry fee or exit fee, or both, to the operator of the community, or
> >
> > > (b) a term that requires the home owner to pay a capital share amount or on-site premium to the operator of the community if the home—
> > >
> > > > (i) is sold to be removed from the residential site, or
> > >
> > > > (ii) is purchased by—
> > > >
> > > > > (A) the operator of the community, or
> > > >
> > > > > (B) a close associate of the operator.
>
> > (3) Subsection (2)(a) does not apply to a site agreement entered into before the commencement of this section.
>
> > (4) In this section—
> >
> > entry fee means a fixed fee relating to the entry into or establishment of the site agreement that is payable by the home owner—
> >
> > > (a) on or before entry into the site agreement, or
> >
> > > (b) as otherwise specified in the agreement.
> >
> > exit fee means a fixed fee payable by the home owner if the home owner sells the home or the home is removed from the residential site, but does not include—
> >
> > > (a) a capital share amount, or
> >
> > > (b) an on-site premium.
>
> **s 34C:** Ins 2024 No 46, Sch 1\[3\].