Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 69E

69E Notice of general increase in site rent

(1) At least 35 days before the general increase day for the eligible sites, the park owner must give the home owner for each eligible site a notice (a
"general increase notice" ) stating the following—

(a) the amount of the proposed increased site rent;

(b) the basis for increasing the site rent;

(c) how the amount of the proposed increased site rent has been worked out using the basis;

(d) the general increase day;

(e) the day the notice is given to the home owner.

Note—

For giving documents, see the Acts Interpretation Act 1954 , section 39 and the Electronic Transactions (Queensland) Act 2001 , chapter 2 , part 2 , division 1 .

(2) For subsection (1) (c) , if the proposed increased site rent is based on a market review of site rent—

(a) the general increase notice must be accompanied by a market valuation for the market review of site rent prepared by a registered valuer; and

(b) the registered valuer must state in the market valuation any connection to, or agreement with, the park owner that may call into question the independence of the valuation.

(3) The park owner must ensure the general increase notice also states that if the home owner disputes the amount of the proposed increase—

(a) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and

(b) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and

(c) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the amount of, or setting aside, the increase if the dispute can not be resolved using the dispute resolution procedures.

Penalty—

Maximum penalty—100 penalty units.

(4) The proposed increased site rent is payable from the general increase day stated in the general increase notice.