Queensland Consolidated Acts

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

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; or

(k) a dispute between a home owner and a park owner about whether a manufactured home is an eligible home under part 9A ; or

(l) a dispute between a home owner and a park owner about noncompliance by the home owner or the park owner with their obligations under part 9A .

(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.