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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 25
Written agreement
25 Written agreement
(1) The park owner for a residential park must ensure a site agreement is
written to the extent, and in the way, required by this section.
Penalty— Maximum penalty—200 penalty units.
(2) The agreement must
include the standard terms, and any special terms, of the agreement.
(3) If,
for a standard term of a site agreement to be effective, the term requires
stated information to be included in it, the agreement is taken to include the
standard term only if the information is properly included. Example of
information— the names of the parties and a description of the site
(4)
The agreement must— (a) be easily legible; and
(b) if it is produced by any
mechanical or electronic means, for example, by a typewriter or computer—be
in at least 12 point font; and
(c) be written in a precise way; and
(d) be
clearly expressed in plain language; and
(e) precisely identify the site; and
(f) state each party’s name and address; and
(g) state a phone number, if
any, of the home owner; and
(h) state a business hours contact phone number,
for the park owner or, if a park manager has been appointed, the park manager;
and
(i) state the following— (i) the site rent and other charges payable
under the agreement;
(ii) when the site rent and other charges are payable
and how they must be paid;
(iii) how and when the site rent may be varied,
including that, under the Act , the tribunal may— (A) make an order
increasing the site rent on application by the park owner; or
(B) make an
order reducing the site rent on application by the home owner; and
Note—
Part 11 (Varying site rent) states the circumstances in which the orders may
be made.
(j) state the maximum number of persons who may reside on the site
the subject of the agreement; and
(k) be signed by the parties; and
(l)
comply with any other requirement prescribed under a regulation.
(5) The
park owner must pay the costs of preparing the agreement.
(6) Also, the
park owner must keep a copy of the agreement until 1 year after the agreement
is terminated. Penalty— Maximum penalty—20 penalty units.
(7)
Nothing in this section affects the enforceability of a site agreement that is
not written. Note— Section 151 deals with relevant agreements, under the
repealed Act, in force immediately before the commencement of section 148 that
are not in writing.
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