MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003

Queensland Consolidated Acts

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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

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

Division 2--Objects

4. Objects of Act

Division 3--Rights or remedies not restricted

5. Rights and remedies of persons

Part 2--Interpretation

6. Definitions
7. Notes in text
8. Who is a home owner
9. What is a home owners information document
10. What is a manufactured home
11. Who is a park owner
12. What is a residential park
13. What is a site
14. What is a site agreement

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--Home owners information document

18. Form and content of home owners information document

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
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. Park owner to give disclosure documents to prospective home owner
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 28 days after entering into site agreement

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 may be payable in particular circumstances
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 to be written
45. Notice of proposed sale and assignment
46. Obtaining independent legal advice about assignment of seller's interest
47. Form of assignment
48. Park owner's consent required
49. Consent to assignment of seller's interest
50. Application to tribunal for order that park owner consent to assignment
51. Seller to give particular documents to buyer

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. Notice of increase in site rent
70. Home owner may apply to tribunal for order about site rent increase

Division 3--Other way of increasing site rent

71. Notice of proposed increase in site rent

Division 4--Reducing site rent

72. Site rent reduction on application to tribunal by home owner
73. Utility cost in site rent
74. Tribunal review of utility cost and reduction in site rent

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. 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
87. Emergency access to residential park
88. Right of home owner to participate in home owners' organisation
89. Notice board
90. Maintenance of trees
91. Mail facilities
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

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--Inspectors

104. Appointment and qualifications
105. Appointment conditions and limit on powers
106. Issue of identity card
107. Production or display of identity card
108. When inspector ceases to hold office
109. Resignation
110. Return of identity card

Part 17--Enforcement

Division 1--Entry of places

111. Power to enter place

Division 2--Procedure for entry

112. Entry with consent
113. Application for warrant
114. Issue of warrant
115. Warrant—application made other than in person
116. Warrant—procedure before entry

Division 3--General powers of inspectors

117. General powers after entering place
118. Power to seize evidence
119. Receipt for seized thing
120. Return of seized thing
121. Access to seized thing

Division 4--Other investigative powers

122. Power to require production of particular documents

Division 5--Other enforcement matters

123. Inspector to give notice of damage
124. Compensation
125. False or misleading statements
126. False or misleading documents
127. Obstructing an inspector
128. Impersonation of an inspector

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. Executive officers must ensure corporation complies with Act

Part 20--General

140. Site agreement dispute
141. Application to tribunal by group of home owners
142. Delegation
143. Protection from liability
144. Approval of forms
145. Review of Act
146. Regulation-making power

Part 21--Repeal and transitional provisions

Division 1--Repeal

147. Repeal of Mobile Homes Act 1989

Division 2--Transitional provisions

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
SCHEDULE 2 DICTIONARY
Endnotes

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