El Lago Residents fight for their homes

El Lago Waters Tourist Park is well positioned – overlooking Tuggerah Lakes and within a few minutes’ drive of The Entrance.

The community advertises their accommodation as holiday camping sites, holiday caravan sites, or holiday villas, however in recent years it has become a place to call home for many renters and home owners unable to secure housing in the area, or otherwise at risk of homelessness.

The park has seen better days. It is in a run-down state with a low standard of management.  Its owners do not appear to be interested in running it and at one stage were intent on redeveloping the park into an eight-block, multi storey apartment complex with over 400 residential apartments.

In the latter part of 2023 those plans were rejected by the Regional Planning Panel who laid out a long list of concerns for the development, including failure to address the displacement of current residents.

The rejection was a win for residents but it has not resolved other concerns home owners and renters have around hygiene, neglect and unsafe living conditions. Their concerns are repeated in reviews from holidaying guests who similarly paint a dire picture of the park.

The living conditions took their toll on some residents who have moved out of the park wherever possible but the difficult task of finding alternate accommodation saw a group of home owners take necessary action to protect their housing rights.

Council Steps into Action

When Central Coast Council was made aware of the numerous health and safety risks in the community they inspected in December 2023.

By 4 October 2024, Central Coast Council had to take necessary steps to address the compliance issues by serving a notice of 17 orders under section 124 of the Local Government Act 1993. They gave the operator reasonable dates for completion into May of 2025.

Council’s inspection identified several issues:

1. Potentially unsafe supply of electricity to dwelling sites.
2. Potentially non-compliant supply of water to dwelling sites.
3. A build-up of waste across the park and on certain dwelling sites.
4. Insufficient fire safety measures across the park.
5. Overgrown vegetation.
6. No clear delineation of site boundaries.
7. Lack of adequate waste management facilities in the park.
8. Lack of adequate park management and enforcement of park rules.

After the operator received Council’s notice to make good on their legislated responsibilities, they wrote to residents giving them a 90 day termination notice. The notice relied on the orders made by the local council as the reason everyone needed to move out.

Central Coast Council staff responded by engaging with Homes NSW and the NSW Rental Commissioner to ensure there were services ready to assist. They also later clarified with residents and advocates that vacating the park was not necessary for the works to be completed.

Central Coast Tenants Advice & Advocacy Service commit to assisting

Coordinated action meetings led by Central Coast Tenants Advice & Advocacy Service were held to demand some accountability from the operator, but the operator showed little to no regard for mandated obligations expressed in Council’s orders or otherwise demanded by residents.

The Tenants’ Union of NSW attended one of the meetings last year and heard about a substantial number of issues affecting residents, including insufficient security measures to keep trespassers from accessing the park.

On 15 May 2025 Central Coast Tenants Advice & Advocacy Service represented a group of 9 home owners in the NSW Civil & Administrative Tribunal.

The decision of the Tribunal was published on 11June 2025, and provided home owners with some positive news when it upheld most of the orders they had requested.

The effect of the orders are as follows:

• The Tribunal acknowledged their coverage under the Residential Land Lease Communities Act 2013 (RLLC Act).
• They have the right to written site agreements.
• Fifteen urgent repairs need to be done by the 1 August this year, including rubbish removal, fixing lighting, plumbing and hot water, and cleaning up dirty needles.
• Site fees are to be reduced by 50% and backdated until the repairs are properly addressed.
• The termination notices have no effect, and vacant possession is not necessary to finish the Council’s work orders.
• The operator must ensure residents’ reasonable right to peace, comfort, and privacy, and provide secure mail services.

The importance of this decision for home owners

The Tribunal’s orders clearly establish their legal coverage under the RLLC Act and their right to a written site agreement. These are key protections if the operator has other plans for the land to be used differently in the future.

If the operator plans to redevelop the land to be used for another purpose or if the community were to close, home owners would be entitled to:

• At least 12 months written notice about termination of their site agreement.
• The Operator must use reasonable endeavours to make available or otherwise obtain accommodation of similar standard and site fees that would be acceptable to the home owner.
• Compensation is payable for the reasonable costs to move their home from its current site to the new location. However, if home relocation is not viable for example a new location or site isn’t available or agreed on then the home owners  should be entitled to a compensation payment in advance for the loss of residency. The current on-site market value of the home (determined as if the termination were not to occur) is an important matter the Tribunal can have regard to in making a determination and orders.
• NCAT can also make orders resolving any disputes about compensation to home owners who are asked to leave due to a change of use or closure of the community.

The situation for residents since going to the Tribunal

The deadline of 1 August for the repair orders has long passed and none of the items have been completed.

Since the orders were made seven of the nine home owners remain and two home owners were successful in securing other housing.

The remaining homeowners have been assisted with lodging applications in the Tribunal to renew proceedings and continue the battle to enforce their rights to safe and habitable housing conditions.

Central Coast Tenants Advice and Advocacy Service will also be assisting some of the renters from El Lago to take matters to the Tribunal under the Residential Tenancies Act 2010.