Good news for operators concerned that decisions made during the pandemic could be putting them at risk.
The NSW Minister for Better Regulation and Innovation, Kevin Anderson, has amended the Act temporarily to prevent operators from being found to have been non-compliant with certain provisions while following Public Health Orders in force during COVID-19.
We understand a number of village and LLC operators have experienced backlash from residents about being denied access to community facilities while still being charged their regular fees – with residents threatening to go to the tribunal in one case.
The exemptions – which are subject to a number of conditions and will apply from 29 May until 26 September 2020 – include:
- Authorising the village operator to vary or withdraw access to services and facilities without the consent of the residents, for example, a library, swimming pool or other common area.
- Suspending the need for the operator to convene meetings with or between the residents where meetings that would exceed the number of people permitted to gather in one place.
- Authorising the operator to create new village rules or amend existing village rules, without the need for a special resolution of the residents, for example, where the operator needs to make a temporary rule regarding access to facilities (pool, gym or other common area) within the village.
- Authorising the operator to temporarily adjust the financial management of a village, without the need for a vote or special resolution of the residents. For example, when a meeting of the residents which may not be possible because of social distancing requirements.
- Authorising an operator to introduce control measures that temporarily limit or restrict access to villages or parts of a village during the COVID-19 pandemic, notwithstanding it may interfere with a resident’s right to sell, let or sublet his or her home.
- Authorising the residents of a village to provide consent via alternative voting methods not recognised under the Act during the COVID-19 pandemic.
This legislation shows that operators will have the support of Government when it comes to keeping residents safe.
