Manufactured Homes (Residential Parks) Regulation 2017

1Short title

This regulation may be cited as the Manufactured Homes (Residential Parks) Regulation 2017.

2Commencement

(1)This regulation, other than section 3, commences on 1 September 2017.

(2)Section 3 commences on 1 October 2017.

3Particular types of special terms prohibited in site agreements—Act, s 25B

For section 25B(1)(a) of the Act, the types of special terms that are prohibited are special terms that—

(a)calculate site rent increases in a misleading way; or

Example—

a special term that states that a rental increase is calculated in accordance with the consumer price index, but the rental increase includes an additional charge

(b)require a home owner to pay other charges but does not fully explain the charges; or

(c)require a home owner to gain the consent of the park owner before the home owner complies with a requirement under law; or

(d)state that if the seller assigns the seller’s interest in a site agreement to a buyer, the site agreement between the seller and the park owner does not end until the buyer enters into a site agreement with the park owner; or

(e)require the home owner to give a current building inspection certificate to the park owner; or

(f)restrict or prohibit an alteration to the home that is not visible from the outside of the home; or

(g)allow the park owner to consent to the alteration to the exterior of a home or addition to the home in a way that is contrary to section 98 of the Act; or

(h)require the home owner to indemnify the park owner and the park owner’s employees, contractors or agents for loss that was not caused by the home owner, a guest of a home owner, or a home owner’s contractors or agents; or

(i)give the park owner either of the following rights, however described—

(i)a right to buy a home before another person may be offered the home;

(ii)a right to make a final offer to buy a home after all other offers have been made to buy the home; or

(j)state site rent will not be reduced if there is a decrease or reduction in the standards, amenity or community facilities or services, including if—

(i)there is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72(1)(a) of the Act; or

(ii)a communal facility or services mentioned in section 72(1)(b) of the Act has been withdrawn; or

(iii)a communal facility or services mentioned in section 72(1)(c) of the Act has not been provided; or

(k)state that the park owner does not warrant that the site is suitable for use as the site of a manufactured home; or

(l)state that the park owner may exclude a person from the residential park without having reasonable grounds for the exclusion; or

(m)appoint, or require the home owner to appoint, the park owner as an attorney for the home owner; or

(n)state that the seller is liable for the actions of a buyer after the seller assigns the seller’s interest to the buyer; or

(o)state that referring to the site agreement is a sufficient way to explain how an increase in site rent is calculated for the Act; or

(p)purport to exclude legislation from affecting the site agreement, unless the legislation provides that it may be excluded; or

(q)impose a monetary penalty on a home owner if the home owner breaches the site agreement; or

(r)remove a park owner’s liability for negligence or a breach of a contractual duty of care if the negligence or breach is caused by an act or omission of the park owner or the park owner’s employees, contractors or agents; or

(s)prohibit or prevent the park owner from reducing the site rent for any reason.

4Maximum fee under selling authority—Act, s 61

For section 61 of the Act, the prescribed amount is—

(a)if the sale price of the manufactured home is not more than $18,000—5% of the sale price; or

(b)if the sale price of the manufactured home is more than $18,000—$900 plus 2.5% of the part of the sale price over $18,000.

5Prescribed matter for emergency plans—Act, s 86A

For section 86A(1)(d) of the Act, the matter prescribed is the place to which home owners and other residents of the park must evacuate if there is an emergency.

s 5 (prev s 4A) ins 2019 SL No. 82 s 4

renum 2019 SL No. 82 s 5

6Written records of emergency procedure tests

(1)The park owner for a residential park must ensure a written record of each emergency procedure test for the park is kept at the park.

Maximum penalty—20 penalty units.

(2)In this section—

emergency procedure test, for a residential park, means a test of an emergency procedure provided for in the emergency plan for the park.

s 6 (prev s 4B) ins 2019 SL No. 82 s 4

renum 2019 SL No. 82 s 5

7Emergency plan to be displayed on notice board—Act, s 89

For section 89(3) of the Act—

(a)the prescribed type of information is the emergency plan for the residential park; and

(b)the prescribed period is any period for which a home owner for the park, or a tenant of a home owner for the park, resides in the park.

s 7 (prev s 4C) ins 2019 SL No. 82 s 4

renum 2019 SL No. 82 s 5

8Information for initial disclosure documents—Act, sch 1

For schedule 1, item 1(d) of the Act, the following information about site rent that is, or is to be, payable for the site is prescribed—

(a)the basis for working out the amount of each increase in the site rent;

(b)how often the site rent is to be increased.

s 8 (prev s 4D) ins 2019 SL No. 82 s 4

renum 2019 SL No. 82 s 5

9Manufactured Homes (Residential Parks) Regulation 2003 references

A reference in any document to the Manufactured Homes (Residential Parks) Regulation 2003 may, if the context permits, be taken to be a reference to this regulation.

s 9 (prev s 5) renum 2019 SL No. 82 s 5