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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 14A

What is a residential park dispute

14A What is a residential park dispute

(1) A
"residential park dispute" is—
(a) a dispute about a proposal for a change in a park rule for which a non-resolution notice has been given or a park liaison committee has made a proposal decision; or
(b) a dispute between a seller and park owner about the park owner’s failure or refusal to consent to the assignment of the seller’s interest in a site agreement to a buyer; or
(c) a dispute between the park owner and home owner under a site agreement about—
(i) the parties’ rights or obligations under the agreement or this Act; or
(ii) another matter provided for under this Act; or
(d) a dispute about a matter relating to the day-to-day running or operation of a residential park (including a failure to communicate or cooperate in dealing with the matter) between—
(i) the park owner; and
(ii) either—
(A) the home owners committee for the park; or
(B) if no home owners committee has been established for the park—a home owner; or
(e) a dispute between the home owners for 2 or more sites in a residential park about a home owner’s rights or obligations under this Act; or
(f) a dispute, other than a dispute mentioned in paragraph (b) , between 2 or more of a seller, buyer and park owner about the seller’s, buyer’s or park owner’s rights or obligations under this Act relating to an assignment or proposed assignment of the seller’s interest in a site agreement to the buyer; or
(g) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or
(h) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner; or
(i) a dispute about whether a seller is entitled to assign the seller’s interest in a site agreement to a buyer; or
(j) a dispute about whether a buyer is entitled to be assigned a seller’s interest in a site agreement.
(2) For subsection (1) , a dispute about a person’s obligation includes a complaint that the person has not complied with the obligation.
(3) Despite subsection (1) , neither of the following is a residential park dispute
(a) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan;
(b) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.



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