A community campaign led by Affiliated Residential Park Residents Association CEO, Gary Martin, on behalf of several residents against the owner has been victorious.
Wollongong MP Paul Scully said the court’s decision is a “clear victory for the rights of residents”.
An order was made in the Supreme Court of NSW, under section 164(1)(b) of the Residential (Land Lease) Communities Act 2013, to appoint Kenneth Michael Whittington as administrator of the Oasis Village.
As Administrator, he will exercise all the functions of the operator of the land lease community in Windang.
In February, the MP wrote to the former Minister for Fair Trading at the time, requesting that an application be lodged in the NSW Supreme Court ordering the appointment of an administrator.
“S&Q Assets Pty Ltd had already been taken to the NSW Civil and Administrative Tribunal (NCAT) on multiple occasions after questions were raised as to whether the operator was complying with the Act,” he said.
S&Q Assets Pty Ltd, and its chief representative David Wei had previously issued the 43 Oasis Village residents with termination notices, which NCAT ruled invalid.
“The situation at Oasis Village was so dire that NCAT ordered for all site fees be paid into a special trust account that it administers on behalf of residents to fund regular basic maintenance, from mowing of the lawns to providing satisfactory sanitation for residents.”
Mr Scully paid tribute to ARPRA for its advocacy of residents’ concerns.
“For years, these residents have been engaged in a David and Goliath battle to protect their homes against S&Q Asset Pty Ltd,” said the MP.
“The Court’s decision means that they can now carry on living their lives with some peace of mind.”
