Manufactured homes legislation changes

• Changes to the definition of a residential park dispute: The types of residential park disputes that are subject to the formal dispute resolution procedures outlined in the Act.
• Resolving a residential park dispute (dispute resolution process): Changes to the formal dispute resolution process that parties may use to solve a dispute, including negotiation, mediation and application to QCAT.

Park rules display: The park owner must make all reasonable attempts to display on the noticeboard either the park rules currently in force or information about how a home owner can get a copy of the current park rules at no cost.

Site rent increases covered by the site agreement

• A park owner can propose a general increase in site rent that uses the methods specified in the site agreement.
• A park owner can’t calculate a general site rent increase using more than one basis at a time, though a site agreement may allow an increase using multiple bases (CPI and market review).
• All general site rent increases for a particular basis must occur on the general increase day – a day nominated by the park owner – and not more than once a year.
• A park owner must not increase the site rent on any basis stated in the site agreement less than 1 year after the day the site rent was last increased.
• The park owner may use the Manufactured Homes Form 12 - General increase notice (PDF, 152KB) to propose a general increase in site rent. They must give it to the home owner at least 35 days before the nominated general increase day and the home owner has 28 days to dispute the increase in writing through the dispute resolution procedures.

Site rent increases to cover special costs

• In certain circumstances, a park owner may increase site rents in a residential park to cover special costs using methods not contained in the site agreement.
• The 3 special cost types are:
  • operational costs: a significant increase in the cost of running a park, such as rates, taxes or utility costs for the park
  • repair costs: the cost of significant repairs to common areas or communal facilities in the park that you couldn’t have reasonably foreseen
  • upgrade costs: the cost of significant upgrades to common areas or communal facilities in the park.
• The park owner may use the Manufactured Homes Form 13 - Increase in site rent to cover special costs notice (PDF, 169KB) to propose a special increase in site rent and give this to home owners at least 2 months before the proposed rent increase date.
• If a home owner disagrees with a site rent increase to cover a special cost or doesn’t respond to the notice, the park owner can assume they dispute the site rent increase and begin dispute resolution procedures.

• Utility cost in site rent (when a home owner’s utility use isn’t measured or metered separately):
  • If a change event occurs and a utility starts being measured or metered separately, or is unavailable to use for a time, use the Manufactured Homes Form 14 - Utility cost notice (PDF, 156KB) to formalise the change within 14 days of the change occurring.
  • The home owner has 28 days to dispute the utility cost using the Manufactured Homes Form 11 - Dispute negotiation notice (PDF, 170KB).
• Charging more than supply cost (when a home owner’s utility use is measured or metered separately): A park owner is prohibited from passing on to home owners the cost of a meter reading fee or administrative charges relating to the utility supply or on-supply (e.g. cost for time that they or a third party spends getting state government concessions or rebates).

Park liaison committee

• If the park liaison committee proposes to make a decision contrary to a home owner’s objection about a change in park rules, the committee must invite objectors to a committee meeting and advise them of the proposed decision.
• At the committee meeting objectors are permitted to make representations about the proposed decision.
• Once the park liaison committee makes a decision the park liaison committee must give each home owner and park owner notice of its decision.
• If disputes about a proposal to change a park rule still exist, the park owner or home owner may apply to QCAT to refer the dispute for mediation.

Home owners committee

• The park owner must not restrict home owners from establishing a home owners committee.
• The park owner must not restrict the home owners committee from performing the committee’s function or restrict a home owner who is member of the committee from performing a function as a committee member.
• If a home owners committee for a residential park gives the park owner a notice detailing a complaint or proposal, the park owner must within 21 days after receiving the notice give the committee a written response addressing the complaint or proposal.

• Emergency access to a residential park: Park owner must ensure emergency vehicles can access to a residential park at all times, unless they have a reasonable excuse.
• Visitors of a home owner or other resident: Park owner must not restrict a visitor of home owner or other resident, at the site or in a common area, without a reasonable excuse, including if the visitor is providing a health or community service (and are suitably qualified).

A home owner may assign their interest in a site agreement to a prospective home owner/buyer of the manufactured home only with the prospective home owner/buyer’s written agreement.

They must also give the park owner a completed Form 7 – Notice of proposed assignment (PDF, 139KB).

Within 7 days of receiving the form, the park owner must give the prospective home owner (buyer):

• the initial disclosure documents
• a completed Form 1B – Supplementary disclosure document  (PDF, 183KB)
• any other details required to comply with the Act.

They must provide these even if they refuse, or intend to refuse, to consent to the proposed assignment.

The park owner must not consent to the assignment unless they have given the prospective home owner/buyer the disclosure documents for the site either at least:

• 21 days before giving the consent
• 7 days before giving the consent, if the prospective home owner/buyer waives the right to receive the disclosure documents.

The prospective home owner/buyer may waive their right to receive the:

• full 21-day notice period of the initial disclosure documents
• Form 1B – Supplementary disclosure document (PDF, 183KB)
• any other details required to comply with the Act.

They must give the park owner a completed Form 1C – Precontractual disclosure waiver (PDF, 135KB) signed by an independent, qualified lawyer with a current Queensland practising certificate.

If the park owner receives this notification, they must give the prospective home owner the following at least 7 days before consenting to the assignment:

• the initial disclosure documents
• a completed Form 1B – Supplementary disclosure document (PDF, 183KB)
• any other details required to comply with the Act.

If the park owner does not, or refuses to, consent to the assignment within 28 days after receiving a completed Form 8 – Form of assignment (PDF, 224KB) signed by the home owner and prospective home owner/buyer, the park owner is considered to have refused to consent to the assignment.

When the prospective home owner/buyer terminates the assignment of a site agreement during the cooling-off period, the agreement for the sale of the manufactured home also terminates on the same day. Ownership of the manufactured home reverts to the seller.

If a home owner is dissatisfied with a park owner’s refusal to consent to the assignment of a site agreement, they can attempt to resolve the dispute with the park owner. To do this, they must use the dispute resolution procedure in the Act. If they can’t resolve the dispute this way, they may apply to the Queensland Civil and Administrative Tribunal (QCAT) to request an order that the park owner consent to the assignment.

If the home owner/seller and prospective home owner/buyer have entered into an assignment agreement and the park owner has consented to the assignment, the buyer may terminate the agreement within the cooling-off period by giving the home owner and park owner a signed Form 3B – Termination notice of assignment agreement in cooling-off period (PDF, 159KB).

The form must state the day that the termination will take effect, which must be within 28 days after giving notice.

They may terminate the assignment agreement under subsection (2), even though:

• they have entered into the agreement
• both the agreement and the have been fully executed.

If the prospective home owner/buyer terminates the assignment agreement during the cooling-off period, the form of assignment of the home ownerinterest is considered revoked. They are not required to pay the home owner any amount otherwise payable under the agreement.

The home owner must refund any amount they have received from the buyer under the agreement within 14 days after the termination day.

At least 21 days before entering into the site agreement, the park owner must give the prospective home owner the initial disclosure documents, including:

• a document stating:
  • the amount of site rent payable
  • the amount of site rent that has been payable for the site in the last 3 years, including any increase and the date the increase took effect
  • the next general increase day for site rent
  • other information (if any) prescribed by regulation that is relevant for a prospective home owner entering into a site agreement or a seller assigning the seller’s interest in a site agreement to a buyer
• a copy of the park rules for the residential park
• a copy of any proposal for a change in the park rules not yet approved.

Park owners must use the new Form 1A – Initial disclosure document (PDF, 113KB) as a template.

At least 14 days before entering into the site agreement, the park owner must give the prospective home owner:

• a completed Form 1B – Supplementary disclosure document (PDF, 183KB)
• 2 copies of the site agreement
• any other details required to comply with the Act.

Park owners must use the new Form 2 – Site agreement (PDF, 283KB) as a template.

The prospective home owner may waive their right to receive the full:

• 21 day notice period of the initial disclosure documents
• 14 day notice period of the Form 1B – Supplementary disclosure document (PDF, 183KB) and site agreement.

They must notify the park owner by completing a Form 1C – Precontractual disclosure waiver (PDF, 135KB) signed by an independent, qualified lawyer with a current Queensland practising certificate.

If the park owner receives this notification, they must give the prospective home owner the following at least 7 days before entering into the site agreement:

• the initial disclosure documents
• a completed Form 1B – Supplementary disclosure document (PDF, 183KB)
• 2 copies of the site agreement
• any other details required to comply with the Act.

• After the disclosure period, if the park owner and a prospective home owner enter into a site agreement, the prospective home owner may terminate the site agreement within the cooling-off period by giving the park owner a signed Form 3A – Termination for site agreement by home owner in cooling-off period (PDF, 106KB).
• If the prospective home owner has received the full disclosure period, they have 7 days to give the form to the park owner.
• If the park owner has not met the disclosure requirements or the prospective home owner has waived the full disclosure period, the home owner has 28 days to give the form to the park owner.

A park owner must create an emergency plan for each park that provides:

• emergency procedures
• the testing, and frequency of testing, of emergency procedures
• information, training and instruction to home owners and other park residents about implementing the emergency procedures
• where home owners and other park residents must evacuate to in an emergency.

Read about how to create an emergency plan by 1 September 2019.

The park owner must make all reasonable attempts to display the emergency plan on a notice board in a prominent position in the park’s common areas until the park no longer offers sites for manufactured homes.

The park owner must keep these at the park:

• a written copy of the park’s emergency plan
• a written record of each test of an emergency procedure as detailed in the emergency plan.

The park owner must maintain the emergency plan and implement the plan in emergency.

From 1 September 2019, it will be an offence if the park owner has not:

• ensured that an emergency plan is prepared for the park
• addressed the required emergency procedures in the emergency plan
• provided for the testing of the emergency procedures, including the frequency of testing, in the emergency plan
• provided for information, training and instruction to the home owners and other residents of the park about implementing the emergency procedures
• maintained the emergency plan in accordance with the Act
• implemented the plan in the case of an emergency
• kept a written copy of the emergency plan at the park
• kept a written record of each test of an emergency procedure for which the emergency plan provides.