Queensland Consolidated Acts
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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003
- As at 1 May 2022
- 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 (Repealed)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 (Repealed)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PART 4 - (Repealed)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. (Expired)
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. (Expired)
SCHEDULE 1
SCHEDULE 2
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