Victorian Current Acts Victorian Current Acts(1) If a resident who occupies a site in a caravan owned by the resident sells the caravan, the resident, with the consent of the caravan park owner, may transfer his or her residency right to the purchaser of the caravan by a transfer in a form approved by the Minister.
S. 195(1A) inserted by No. 45/2018 s. 171(1).
(1A) In addition to subsection (1), if a caravan with a serious defect that is owned by a resident is being sold at the site occupied by the resident, the caravan park owner may consent to the transfer of the resident's residency right, subject to an undertaking that works to rectify the serious defect will be made to the caravan within a reasonable time.
S. 195(1B) inserted by No. 45/2018 s. 171(1).
(1B) An undertaking referred to in subsection (1A) may be made by—
(a) the vendor of the caravan; or
(b) the purchaser of the caravan.
S. 195(1C) inserted by No. 45/2018 s. 171(1).
(1C) If an undertaking referred to in subsection (1A) has been given to the caravan park owner but the works to rectify the serious defect are not completed within a reasonable time, the caravan park owner may apply to the Tribunal under section 452(3) for an order that the person who made the undertaking is to complete the works within a reasonable time.
S. 195(2) amended by No. 45/2018 s. 171(2).
(2) Subject to subsection (2A), a caravan park owner must not unreasonably withhold consent to a transfer under subsection (1) or (1A).
S. 195(2A) inserted by No. 45/2018 s. 171(3).
(2A) A caravan park owner may reasonably withhold consent under subsection (1A) if—
(a) the caravan being sold has a serious defect; and
(b) no undertaking has been given to the caravan park owner to rectify the defect.
(3) A caravan park owner is deemed to have consented to a transfer under subsection (1) if—
(a) the resident—
(i) has given the caravan park owner a completed transfer form and the names in writing of any persons proposing to occupy the caravan with the proposed resident; and
(ii) has requested the caravan park owner to consent by signing the transfer; and
(b) the caravan park owner has not consented or refused to consent within 7 days of being given the completed transfer form.
(4) A purchaser of a caravan who obtains a residency right on a site by transfer must occupy the caravan himself or herself.