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Manufactured Homes (Residential Parks) Act 2003 – 1 December 2014

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Manufactured Homes (Residential Parks) Act 2003 – 1 December 2014

Manufactured Homes (Residential Parks) Regulation 2003 – 1 March 2004

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A home owner under a site agreement has the responsibilities set out in section 16 of the Act which include the following: to use the site only as a place of residence; to use the residential park’s common areas only for a purpose associated with the home owner’s residential use of the site; not to use, or allow the home owner’s tenant or guests to use, the site or residential park’s common areas for an illegal purpose; not to interfere with, and to ensure as far as practicable the home owner’s tenant or guests do not interfere with, the reasonable peace, comfort or privacy of the residential park’s residents; to pay the site rent and other charges payable by the home owner under the agreement; not to intentionally or recklessly damage or destroy, or allow the home owner’s tenant or guests to intentionally or recklessly damage or destroy, the residential park’s communal facilities; to maintain the manufactured home positioned on the site in a reasonable state of cleanliness and repair, and fit to live in (among other responsibilities). For the definition of ‘home owner’, refer to section 8 of the Act. For the definition of ‘manufactured home’, refer to section 10 of the Act. For the definition of ‘residential park’, refer to section 12 of the Act. For the definition of ‘site agreement’, refer to section 14 of the Act.

  • Sections 8, 10, 12, 13, 14, 16, 19

The park owner for a residential park has the responsibilities set out in section 17 of the Act which include the following: to take reasonable steps to ensure the home owner always has access to the home owner’s site in the park and has reasonable access to the common areas; to maintain the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owner; to ensure the times the park owner or park manager is available to be contacted by the home owner are reasonable, having regard to all the circumstances, including the utilities supplied by the park owner to the site (among other responsibilities). For the definition of ‘park owner’, refer to section 11 of the Act.

  • Sections 11, 17, 19, 86

The park owner for a residential park must ensure a site agreement is written to the extent, and in the way, required by section 25 of the Act. The agreement must include the standard terms, and any special terms, of the agreement. Section 19 prescribes a number of terms for a site agreement.

  • Sections 19, 20, 21, 22, 23, 24, 25, 25A, 25B, 26, 27, 28

The park owner for a residential park must simultaneously give a prospective home owner for a site, the following disclosure documents: the home owners information document for the park; the park rules; any proposal for a change in the park rules; and 2 copies of a proposed site agreement for the site. After the park owner signs the 2 copies, they must within 10 days, return a copy to the other party to the agreement. Note: A cooling-off period termination right for the site agreement and the sale agreement is supplied by sections 33 and 34 of the Act. For what constitutes a ‘home owners information document’, refer to section 9 of the Act.

  • Sections 6, 9, 18, 29, 30, 31, 33, 34, 35, 38, Schedule

The parties to a site agreement may agree, in the approved form, to terminate the site agreement.

  • Sections 36, 41

The home owner under a site agreement may terminate the agreement by notice, in the approved form, given to the park owner. The notice must state the day, not later than 28 days after the notice is given, the agreement is terminated.

  • Sections 37, 41

If a home owner for a site in a residential park on which a manufactured home is positioned proposes to sell the home to a buyer and assign their interest in the site agreement, the home owner may only assign their interest by written agreement. Further they must give the park owner notice, in the approved form, of the proposed assignment pursuant to section 45 of the Act. There is a special approved form for assignment pursuant to section 47 of the Act. Further to section 47, the seller and buyer must each sign 2 copies of the approved form for assignment. The assignment of the seller’s interest is not effective unless the park owner has consented to the assignment – see sections 48 and 49 of the Act. After consent is given, the seller is to provide documents to the buyer pursuant to section 51 of the Act. In relation to ‘for sale’ advertising, section 57 of the Act may need to be complied with. For the definition of ‘sell’, refer to the Schedule of the Act.

  • Sections 6, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 56, 57, 58, 60, 61, Schedule; Regulation 3

The park owner for a residential park must not charge a home owner a fee in relation to the sale of the manufactured home positioned on the home owner’s site in the park unless the charge is made under a selling authority and the park owner is the effective cause of the sale.

  • Sections 62, 95, 96

The park owner for a residential park for which site agreements are in force may make rules about the use, enjoyment, control and management of the park.

  • Section 77

The park owner for a residential park for which site agreements are in force must maintain a notice board in a prominent position within the common areas.

  • Section 89

The park owner for a residential park must establish and maintain at the park reasonable, accessible mail facilities for the home owners.

  • Section 91

If a manufactured home is positioned on a site the subject of a site agreement, the home owner must not rent the site to a person on a temporary basis unless this is allowed under the agreement.

  • Section 97

If a manufactured home is positioned on a site the subject of a site agreement, the home owner must not make any alteration to the home that is visible from the outside of the home, or make any addition to the home, unless the park owner gives written consent to the proposed alteration or addition.

  • Section 98

The home owners for a residential park may establish, by election conducted among themselves, a home owners committee. The function of a home owners committee for a residential park is to deal with the park owner on behalf of the home owners about the day-to-day running of the park and any complaint or proposal about the operation of the park raised by the home owners.

  • Sections 100, 101, 102, 103

If there is a site agreement dispute, either party to the dispute may apply to QCAT for an order, and the tribunal may make any order it considers appropriate, to resolve the dispute. For the definition of ‘site agreement dispute’, refer to section 14A of the Act.

  • Sections 6, 14A, 140, Schedule
Reason for law

To regulate, and promote fair trading practices in, the operation of residential parks to protect home owners from unfair business practices and to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners. (Section 4)

Relevant links

Manufactured (mobile) homes [Queensland Government]

Manufactured homes [Department of Housing and Public Works]
Forms

Managing manufactured homes in residential parks [Business and Industry Portal]

Park and Village Information Link [Caxton Legal Centre Inc]

Manufactured Home Owners Association Inc

Associated Residential Parks Queensland

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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