Resolving residential park disputes
If you have a problem with a manufactured home owner in the park, you can take steps to resolve the dispute.
There is more than one way to resolve a dispute and different options may suit your situation better.
Miscommunications and misunderstandings are often the cause of disputes so it's important to try to talk to the person involved first.
This information will take you through the steps involved in resolving the dispute yourself or with outside help, including getting legal advice.
Respect for park operators and residents
At all times, residents must respect the:
- peace, comfort and privacy of fellow residents
- right of the park operator, their employees and their representatives to work in an environment free from harassment and intimidation
- right of staff and contractors in the park to work in a safe workplace.
Additionally, residential park owners must:
- respect the peace, comfort and privacy of a home owner and other residents
- respect the right for each home owner or other resident to live in an environment free from harassment and intimidation
- respect the rights of a home owner or other resident to have autonomy over their personal, financial and domestic matters, as well as their possessions
- respond to correspondence from the home owner or other resident, or a representative of a home owner or other resident within 21 days.
Try to resolve it together first
It's important to discuss any concerns with the person involved first. We suggest you follow these steps when trying to resolve the dispute yourself.
- Write to the manufactured home owner about your dispute and suggest a date for a meeting. You should give at least 14 days' notice before the meeting.
- Allow 7 days for a response from the manufactured home owner.
- Confirm or negotiate a meeting time that both parties can attend.
- Voice your concerns clearly and try to resolve the issue in the meeting.
Mediation is less formal than a hearing and allows everyone to come up with a solution to agree on.
The mediator makes sure everyone gets to speak but doesn't provide advice or pass judgement.
Anything discussed during mediation is private and can't be shared with anyone or used in court.
Find a mediator
If you've tried to resolve the issue with the other person and can't agree, you can access a free mediation service through the dispute resolution centres to help find a solution:
The Queensland Civil and Administrative Tribunal (QCAT) also offers mediation. There is a fee for this service.
Get legal advice and information
You can also contact the Queensland Law Society to seek a legal practitioner who has experience in residential park law.
If you haven't been able to resolve your dispute, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a hearing.
QCAT is an independent decision-making body that can resolve several issues.
QCAT may refer the parties to mediation if you don't do this first. QCAT will resolve the matter if you both can't agree.