MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - As at 1 May 2022 - Act 74 of 2003

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

• 1 Short title
• 2 Commencement
• 3 Act binds all persons

Division 2 - Objects of Act and relationship with FTI Act

• 4 Objects of Act
• 4A Relationship with Fair Trading Inspectors Act 2014

Division 3 - Rights or remedies not restricted

• 5 Rights and remedies of persons

PART 2 - INTERPRETATION

• 6 Definitions
7. (Repealed)
• 8 Who is a home owner
9. (Repealed)
• 10 What is a manufactured home
• 10A What is a converted caravan
• 11 Who is a park owner
• 12 What is a residential park
• 13 What is a site
• 14 What is a site agreement
• 14A What is a residential park dispute

PART 3 - BASIC RESPONSIBILITIES OF PARK OWNERS AND HOME OWNERS

• 15 What this part is about
• 16 Home owner’s responsibilities
• 17 Park owner’s responsibilities

PART 4 - (Repealed)

PART 5 - SITE AGREEMENTS

Division 1 - General

• 19 Terms of site agreement include responsibilities under Act etc.
• 20 Standard terms
• 21 Special terms
• 22 Variation of special term
• 23 Contracting out prohibited
• 24 Inconsistency
• 25 Written agreement
• 25A Plain language for special term of site agreement
• 25B Prohibited terms of site agreements and prohibited park rules
• 26 Duration of site agreement
• 27 Successor in title of park owner
• 28 Notice to be given by successor in title of park owner to home owner

Division 2 - Entering into site agreements

• 29 Disclosure documents to be given to prospective home owner
• 29A Waiver of disclosure of documents in default notice period
• 30 Obtaining independent legal advice about site agreement
• 31 Home owner’s copy of site agreement

PART 6 - TERMINATION OF SITE AGREEMENTS

Division 1 - Introduction

• 32 No other way of terminating site agreement

Division 2 - Termination within cooling-off period

• 33 Cooling-off period
• 34 Automatic ending of sale agreement
• 35 Compensation may be payable to home owner

Division 3 - Termination of site agreement in other circumstances

• 36 Termination of site agreement by agreement between home owner and park owner
• 37 Termination of site agreement by home owner
• 38 Termination of site agreement by tribunal
• 39 Vacant possession of site to be given after making of termination order
• 40 Compensation order
• 40A Other orders
• 41 Apportioning payments on termination of site agreement

PART 7 - ASSIGNMENT OF HOME OWNER’S INTEREST IN SITE AGREEMENT

Division 1 - Introduction

• 42 Application of pt 7
• 43 Hinder proposed assignment

Division 2 - Requirements for assignment of seller’s interest

• 44 Assignment only by assignment agreement
• 45 Notice of proposed sale and assignment
• 45A Disclosure documents to be given to buyer
• 46 Obtaining independent legal advice about assignment of seller’s interest
• 47 Form of assignment
• 48 Park owner’s consent required
• 48A Buyer to be given disclosure documents before park owner consents
• 48B Waiver of disclosure of documents in default notice period
• 49 Consent to assignment of seller’s interest
• 50 Dispute resolution and application to tribunal about refusal to consent to assignment
• 51 Seller to give particular documents to buyer

Division 3 - Termination of assignment agreement within cooling-off period

• 51A Cooling-off period for assignment agreement

Division 4 - Provisions about sale agreement for manufactured home

• 51B Application of division
• 51C Restriction on sale agreement
• 51D Automatic ending of sale agreement
• 51E Contracting out prohibited

PART 8 - ABANDONMENT OF MANUFACTURED HOMES

• 52 Abandonment order
• 53 Sale of home or personal effects
• 54 Proceeds of sale
• 55 Payment of after-termination rent

PART 9 - SALE OF MANUFACTURED HOME POSITIONED ON SITE

Division 1 - Home owner’s right to sell manufactured home

• 56 Right to sell
• 57 Placement of ‘for sale’ sign on site
• 58 Park owner not to interfere with sale

Division 2 - Appointing park owner to sell manufactured home

• 59 Definition for div 2
• 60 Appointing park owner under selling authority
• 61 Maximum fee under selling authority
• 62 Unauthorised selling fee prohibited

PART 10 - SITE RENT

• 63 How site rent to be paid
• 64 Where site rent to be paid
• 65 Receipts and other records
• 66 Keeping records
• 67 False, misleading or incomplete site rent record

PART 11 - VARYING SITE RENT

Division 1 - Introduction

• 68 Ways of varying site rent

Division 2 - Increase in site rent provided for in site agreement

• 69 Application of division
• 69A Basis for site rent increase must be stated in site agreement
• 69B Restrictions on increasing site rent under site agreement
• 69C Park owner must nominate general increase day for eligible sites
• 69D Consulting with interested entities for preparing market valuation
• 69E Notice of general increase in site rent
• 70 Dispute resolution and application to tribunal about general site rent increase
• 70A Tribunal may appoint independent valuer for market review of site rent

Division 3 - Increase in site rent to cover special costs

• 71 Application of division
• 71A Notice of special increase in site rent
• 71B Agreement to proposed increase for upgrade cost
• 71C Dispute resolution and application to tribunal about special increase in site rent
• 71D Criteria for tribunal to confirm or reduce proposed increase

Division 4 - Reducing site rent

• 72 Site rent reduction for failure of communal facility or service etc.
• 73 Utility cost in site rent
• 74 Dispute resolution and tribunal review of utility cost and site rent reduction

Division 5 - Prohibition on particular conduct

• 74A Park owner not to threaten, intimidate or coerce home owner

PART 12 - PARK MANAGERS

• 75 Park owner may appoint park manager
• 76 Service of documents

PART 13 - PARK RULES

Division 1 - Making of park rules

• 77 Park owner may make park rules

Division 2 - Park rule changes

• 78 Notice of proposed change of park rule
• 79 Objection to proposal
• 80 Park liaison committee
• 81 Consideration of objections by park liaison committee
• 82 Dispute resolution and application to tribunal about proposal
• 83 Decision of tribunal about proposal
• 84 When proposal takes effect
• 85 When change of park rule has no effect

PART 14 - RESIDENTIAL PARK OPERATIONS

Division 1 - Park owners’ obligations

• 86 Quiet enjoyment
• 86A Preparing, maintaining and implementing emergency plan
• 87 Emergency access to residential park
• 87A Park owner not to restrict a visitor of a home owner or other resident
• 88 Right of home owner to participate in home owners’ organisation
• 89 Notice board
• 90 Maintenance of trees
• 91 Mail facilities
• 91A Notice of change of business hours contact telephone number
• 92 Separate measurement or metering of supply of utility
• 93 Repositioning of manufactured home
• 94 Access by park owner to site
• 95 Fraudulent or misleading conduct
• 96 Harassment or unconscionable conduct

Division 2 - Home owners’ obligations

• 97 Letting of site by home owner
• 98 Alteration or addition to manufactured home
• 99 Separate payment by home owner for use of utility at site
• 99A Separate charge by park owner not to be more than cost of supply for use of utility

PART 15 - HOME OWNERS COMMITTEE

• 100 Establishment of committee
• 101 Home owners constitution
• 102 Committee’s function
• 103 Park owner to respond to complaint or proposal

PART 16 - OBLIGATIONS ABOUT BEHAVIOUR OF PARK OWNERS AND HOME OWNERS

• 104 Park owner to respect rights of home owners and other residents
• 105 Home owners to respect rights of others

PART 17 - RESOLUTION OF RESIDENTIAL PARK DISPUTES

Division 1 - Alternative dispute resolution

• 106 Application and purpose of division
Subdivision 2 - Negotiation
• 107 Notice to negotiate resolution of dispute
Subdivision 3 - Mediation
• 108 Referral of residential park dispute for mediation
• 109 Right of representation
• 110 Conference to be held in private
• 111 Parties to mediation conference
• 112 Mediation agreements
• 113 No official record of mediation conference
• 114 Notifying outcome of mediation

Division 2 - Applications to tribunal

• 115 Application for order to resolve residential park dispute
• 116 Requirements for application
• 117 Orders of tribunal

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

PART 18 - UNDERTAKINGS

• 129 Chief executive may seek undertaking after contravention
• 130 Variation and withdrawal of undertakings
• 131 Enforcement of undertakings
• 132 Register of undertakings

PART 19 - LEGAL PROCEEDINGS

Division 1 - Evidence

• 133 Application of div 1
• 134 Appointments and authority
• 135 Evidentiary aids

Division 2 - Proceedings

• 136 Summary proceedings for offences
• 137 Allegations of false or misleading information or documents
• 138 Responsibility for acts or omissions of representatives
139. (Repealed)

PART 19A - RECORD OF RESIDENTIAL PARKS

• 139A Record of residential parks
• 139B Inspecting record of residential parks
• 139C Park owner to give chief executive information for record of residential parks

PART 20 - GENERAL

• 141 Home owners may act jointly in relation to residential park dispute
• 142 Delegation
• 143 Protection from liability
• 144 Approval of forms
• 145 Review of Act
• 146 Regulation-making power
• 146A (Expired)

PART 21 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal

• 147 Repeal of Mobile Homes Act 1989

Division 2 - Transitional provisions for Act No. 74 of 2003

• 148 Definitions for div 2
• 149 Relevant agreement taken to be site agreement
• 150 Park owner to keep records
• 151 Relevant agreement that is not written
• 152 References to repealed Act
• 153 Applications to small claims tribunal
• 154 Claim for compensation
• 155 Unfinalised application for review of refusal to consent to assignment of seller’s interest in site agreement

Division 3 - Transitional provisions for Manufactured Homes (Residential Parks) Amendment Act 2010

• 156 Definitions for div 3
Subdivision 2 - General provisions
• 157 Existing agreements involving converted caravans
• 158 Form and content of site agreements
• 159 Prohibited terms of site agreements and prohibited park rules
• 160 Particular existing agreements to terminate site agreement
• 161 Park owner’s notice on receiving notice of proposed assignment of seller’s interest
• 162 Park owner’s notice on refusal of consent to assignment
• 163 Notice of increase in site rent
• 164 Notice of proposed increase in site rent
• 165 Utility cost notice
• 166 Variation of site agreement on assignment to allow site rent to be increased in accordance with market review
• 167 More than 1 home owners committee
• 168 Existing park owner to give chief executive information for record of residential parks
Subdivision 3 - Transitional provisions for proceedings
• 169 Converted caravans
• 170 Tribunal may consider whether term of site agreement is void under s 159(1)
• 171 Undecided applications to tribunal for particular orders
• 172 Undecided application to tribunal for order about proposed increase in site rent
• 173 Documents tribunal may consider on application for site rent reduction
• 174 Tribunal’s review of utility cost
• 175 Tribunal’s power to make particular orders

Division 4 - Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017

• 176 Definitions for division
• 177 Requirement to give disclosure documents to prospective home owner
• 178 No automatic cooling-off period for compliant existing site agreement
• 179 Cooling-off period for non-compliant existing site agreement
• 180 Requirement to give disclosure documents to buyer
• 181 Notice of increase in site rent under pre-amended section 69
• 182 Restriction on first general site rent increase
• 183 Notice of increase in site rent under pre-amended section 71
• 184 Utility cost notice under pre-amended section 73
• 185 Application to tribunal about proposal under pre-amended section 82
• 186 (Expired)
• SCHEDULE 1
• SCHEDULE 2