South Australian Current Acts South Australian Current Acts (1) The residents of a
residential park may elect residents from at least 5 different
occupied sites in the park to form a residents committee to represent the
interests they have in common as residents of the park, on the basis
that—
(a) only
a resident may be a member of the committee; and
(b)
except as provided in paragraph (c), each resident has a right to
nominate for election to the residents committee and to participate in the
election of members of the residents committee; and
(c) any
resident who is employed or engaged by the park owner to assist in the
management of the residential park may not be a member of the committee.
(1a) A park owner or
park owner's agent who unreasonably interferes with a resident's rights under
subsection (1) is guilty of an offence.
Maximum penalty: $25 000.
(1b) A park owner of a
prescribed residential park must ensure that the park has a residents
committee (in accordance with subsection (1) and any other requirements
prescribed by the regulations).
Maximum penalty: $25 000.
Expiation fee: $1 200.
(1c) It is a defence
to a charge of an offence against subsection (1b) if the defendant proves
that the defendant took reasonable steps to ensure that a residents committee
was elected but an insufficient number of residents nominated for election to
the committee.
(2) Only 1 residents
committee may be formed under this section in relation to the same
residential park.
(3) If more than
1 body or committee (regardless of its name) purports to be the residents
committee for a particular residential park, the owner of the park or a
resident of the park may apply to the Tribunal for, and the Tribunal may make,
an order determining which body or committee (if any) is the residents
committee for the residential park.
(5) A park owner must,
insofar as is reasonable after taking into account the facilities located at
the residential park and any other relevant factor, allow the use of a place
within the residential park for the purposes of a meeting of residents called
by a residents committee which must, insofar as is reasonable, be an enclosed
area.
Maximum penalty: $25 000.
Expiation fee: $750.
(6) If the residents
committee for a residential park makes representations to the park owner in
relation to a matter that has been considered by the committee, the park owner
must consider the representations made and provide a written response to the
residents committee as soon as practicable (and in any case within
1 month after receiving the representations or such longer period as may
be agreed by the residents committee).
Maximum penalty: $25 000.
Expiation fee: $1 200.
(7) For the purposes
of subsection (6), a response will be taken to have been provided to a
residents committee if it has been provided to any member of that committee.
(8) The regulations
may make provision for or with respect to the election, term of office,
functions and procedure of residents committees.
(9) In this
section—
"prescribed residential park" means a residential park that has more than
20 fixed term residential park site agreements in force.