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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003


- As at 4 December 2020 
- 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      (Repealed)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      (Repealed)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   PART 4 - (Repealed)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

              Subdivision 1 - Preliminary

   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

   140.    (Repealed)
   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.   Regulation-making power to modify or suspend particular processes for COVID-19 response measures

   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

              Subdivision 1 - Preliminary

   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.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2


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