Manufactured Homes (Residential Parks) Act 2003 - Queensland

Service summary

Object or purpose of this legislative instrument

The main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks:

  • to protect home owners from unfair business practices
  • 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.

The main object is achieved by

  • declaring particular rights and obligations of the park owner, and home owners, for a residential park
  • facilitation the disclosure of information about a residential park, and this Act, to a prospective home owner for a site
  • regulating
    1. the making, content, assignment and ending of a site agreement
    2. the sale of an abandoned manufactured home positioned on a site in a residential park
    3. the variation of site rent
  • facilitating participation by home owners for a residential park in the affairs of the park
  • providing ways of resolving a site agreement dispute.

The following are also important objects of this Act:

  • encouraging the continued growth and viability of the residential park industry in the state
  • providing a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion.

Scope of this legislative Instrument

The Act sets out the basic responsibilities of home owners and park owners. It also contains information in relation to:

  1. The content of site agreements, including that site agreements
    1. be written
    2. state each parties name, and any telephone numbers
    3. state the site rent and other charges payable under the site agreements
    4. state when and how site rent and other charges are payable
    5. state how and when the site rent may be varied
    6. precisely identify the site and
    7. be written in a clear and precise way
  2. Disclosure requirements, including through the provision of
    1. a Home Owners Information Document
    2. the park rules and
    3. two copies of the site agreement
  3. Termination of site agreements
  4. Assignment of home owners interest in a site agreement
  5. Abandonment of manufactured homes
  6. Sale of a manufactured home positioned on site
  7. Site rent and varying site rent
  8. Park managers
  9. Park rules
  10. Residential park operations
  11. Home owners committee
  12. Resolution of the site agreement disputes by the Queensland Civil and Administrative Tribunal.

Useful websites

Queensland Civil and Administrative Tribunal: http:/www.qcat.qld.gov.au

The following Subordinate Legislation should also be examined:

  • Manufactured Homes (Residential Parks) Regulation 2003

A range of approved forms is available by calling 13 74 68 (13 QGOV):

  • Manufactured Homes Form 1 - Home owners' information document
  • Manufactured Homes Form 2 - Site agreement
  • Manufactured Homes Form 3 - Termination notice by home owner within 28 days of entering site agreement
  • Manufactured Homes Form 4 - Termination notice - by mutual agreement
  • Manufactured Homes Form 5 - Termination notice - by home owner
  • Manufactured Homes Form 6 - Notice to remedy breach
  • Manufactured Homes Form 7 - Notice of proposed sale and assignment
  • Manufactured Homes Form 8 - Form of assignment
  • Manufactured Homes Form 8a - Notice of variation of site agreement
  • Manufactured Homes Form 9 - Selling authority
  • Manufactured Homes Form 10 - Information for record of residential parks.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Homeowner
  1. Each of the following is a home owner
    1. a person who owns a manufactured home that is positioned on a site in a residential park under a site agreement
    2. a person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person's principal place of residence
    3. a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual's death was a person mentioned in paragraph (a) or (b);
    4. another successor in title of a person mentioned in paragraph (a) or (b).
  2. A person mentioned in subsection (1)(a) above is a home owner whether
    1. the person occupies the home as the person's principal place of residence; or
    2. a tenant of the person occupies the home.
Manufactured home

A manufactured home is a structure, other than a caravan or tent, that:

  • has the character of a dwelling house
  • is designed to be able to be moved from one position to another; and
  • is not permanently attached to land.

A manufactured home does not include a converted caravan.

However, if a park owner and the owner of a converted caravan enter into an agreement, that would be a site agreement if it related to a manufactured home, for a site on which the converted caravan is positioned or intended to be positioned:

  • the converted caravan is taken to be a manufactured home; and
  • the agreement is taken to be a site agreement.

To remove any doubt, it is declared that an agreement entered into under another Act or a former Act, other than the repealed Mobile Homes Act 1989, is not a site agreement under subsection (3).

Example

A residential tenancy agreement entered into under the Residential Tenancies and Rooming Accommodation Act 2008 is not a site agreement under subsection (3).

Park owner
  1. a person who owns a residential park is a park owner
  2. each of the following is also a park owner
    1. the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individuals death was a person mentioned in subsection (1)
    2. a mortgagee in possession of a residential park for which site agreements are in force
    3. another successor in title of a person mentioned in subsection (1).
Premises

means the home owner's manufactured home and the site on which it is positioned.

Residential park

A residential park is an area of land that includes:

  • sites
  • common areas
  • facilities for the personal comfort, convenience or enjoyment of persons residing in manufactured homes positioned on sites.
Site agreement

Is an agreement between a park owner and a home owner that provides for:

  • the rental by the home owner of particular land in a residential park
  • the positioning on the land of a manufactured home
  • the home owners non exclusive use of the parks common areas and communal facilities.

It also includes provision about anything else required or permitted by this Act to be in the agreement.

Additional information

The Manufactured Homes (Residential Parks) Amendment Act 2010 received Royal Assent on 5 November 2010. The changes in this amendment Act aim to strengthen consumer protection while balancing the needs and supporting the continued growth of the residential parks industry.

The Amendment Act commenced in phases.

A number of amendments commenced on 5 November 2010 including amendments which:

  • relate to converted caravans;
  • allow a regulation to be developed to prohibit particular types of special terms and park rules;
  • allow the Queensland Civil and Administrative Tribunal to make additional orders to assist manufactured home owners faced with the termination of their site agreement; and
  • allow home owners to seek reductions in site rent where a communal facility or service described during pre-contractual negotiations has not been provided.
  1. 9 November 2010 was the commencement date for a number of amendments, including those which

- significantly restrict a park owners existing ability to seek increases in site rent outside the terms of a site agreement.

  • ensure park owners may only increase site rent based on a market review if this type of increase has been specifically provided for in a site agreement;
  • allow a park owner to insert (by using the approved form), a clause which allows variations in site rent based on a `market review, into an existing site agreement on assignment;
  • prohibit a park owner from threatening, intimidating or coercing a home owner to agree to a proposed increase in site rent or to refrain from seeking a review of site rent; and
  • prohibit and make void agreements which establish a fixed termination date for a site agreement.

All remaining amendments commenced on 1 March 2011 including those which:

  • allow a record of residential parks to be established
  • clarify that there is to be only 1 Home Owners Committee (as defined by the Act) for a residential park
  • provide that if a utility is separately measured and charged by a park owner, the park owner must not charge more than the actual cost of providing the utility service.
  • require park owners to advise buyers, during the proposed assignment of the site agreement, how much site rent the seller is paying.

More detailed information about the Amendment Act and the Proclamation is available on the Office of Queensland Parliamentary Counsel website at www.legislation.qld.gov.au.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Questions regarding the compliance framework can be directed to the Department.

Review or Appeal Mechanisms:

The Queensland Civil and Administrative Tribunal delivers justice and resolves disputes in a way that is independent, efficient, expert, accessible and flexible. Most applications will be referred for mediation in the first instance. If mediation is unsuccessful, the matter will be listed for a directions hearing where the parties will be required to prepare and exchange evidence within specific time-frames to prepare for a formal hearing. For more information about Tribunal processes (including how to lodge an application) visit http:/www.qcat.qld.gov.au or call the Queensland Civil and Administrative Tribunal on 1300 753 228.


Administering agency

Department of Housing and Public Works
Housing and Homelessness Services
Policy and Performance

Contact details

Department of Housing and Public Works
Housing and Homelessness Services
Policy and Performance

Operating address:
Qld Govt Service Centre 33 Charlotte Street
Brisbane
Queensland 4000
Mailing address:
Qld. Govt. Service Centre GPO Box 3111
BRISBANE
Queensland 4001

Phone:

13 QGOV or 137468

Phone:

07 3405 0970

Fax:

07 4039 8478

Supporting information

Disclaimer

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To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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