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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 104
Park owner to respect rights of home owners and other residents
104 Park owner to respect rights of home owners and other residents
(1) The park owner for a residential park must respect the rights of
home owners and other residents of the park.
(2) Without limiting subsection
(1) , the park owner— (a) must not unreasonably interfere with, or allow
interference with, the reasonable peace, comfort or privacy of a home owner or
other resident; and
(b) must take reasonable steps to ensure a home owner or
other resident, or the guest of a home owner or other resident, does not
interfere with the reasonable peace, comfort or privacy of another home owner
or resident; and
(c) must use the park owner’s best endeavours to ensure
each home owner or other resident lives in an environment free from harassment
and intimidation; and
(d) must not unreasonably restrict the right of a
home owner or other resident to autonomy over their personal, financial or
other matters or possessions; and
(e) must not unreasonably restrict a
home owner or other resident from exercising self-reliance in matters relating
to their personal, domestic or financial affairs; and
(f) must, within 21
days after receiving relevant correspondence from the home owner or other
resident, or a representative of a home owner or other resident (each a
"correspondent" ), give the correspondent a complete response to the
relevant correspondence.
(3) However, if under subsection (2) (f) , the
park owner gives a correspondent a complete response to
relevant correspondence (the
"previous response" ), the park owner is not required to give the
correspondent another complete response addressing the same, or substantially
the same, complaint, proposal or question addressed in the previous response.
(4) In this section—
"complete response" , to relevant correspondence, means a written response
addressing each complaint, proposal and question in the
relevant correspondence.
"relevant correspondence" means a written complaint, proposal or question
about the operation of the park.
"representative" , of a home owner or other resident, means an entity— (a)
established to represent the interests of the home owner, resident or
home owners and residents generally; and
(b) that is authorised by the
home owner or resident to give relevant correspondence to the park owner.
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