Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 25B

25B Prohibited terms of site agreements and prohibited park rules

(1) A regulation may prohibit—

(a) a stated type of special term in a site agreement; or

(b) a stated type of park rule.

(2) A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) .

Penalty—

Maximum penalty—100 penalty units.

(3) A park owner must not make a type of park rule that is prohibited under subsection (1) .

Penalty—

Maximum penalty—100 penalty units.

(4) A park owner must not attempt to enforce—

(a) a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or

(b) a park rule of a type that is prohibited under subsection (1) .

Penalty—

Maximum penalty—100 penalty units.

(5) A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1) .

(6) Subsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree.

(7) The home owner may, subject to section 116 , apply to the tribunal to consider whether part or all of the special term is void under subsection (5) .

(8) If a home owner applies under subsection (7) , the tribunal may do 1 of the following—

(a) declare that a stated term of the site agreement is void;

(b) declare that a stated term of the site agreement is not void;

(c) declare that a stated term of the site agreement is void to a stated extent;

(d) make an order varying a stated term of the site agreement.