Responsibilities of the owner of a residential park
All park owners must complete Information for record of residential parks (Manufactured Homes Form 10) to give the Department of Housing and Public Works prescribed information about their residential park. A printable version of Information for record of residential parks (Manufactured Homes Form 10) (PDF, 115KB) is also available. If you have questions or need help completing this form, call 13 QGOV (13 74 68) or email email@example.com.
Park owner obligations
As an owner of a residential park, you must:
- comply with the site agreement and park rules
- comply with the park owner behavioural standards
- ensure the home owner always has access to their site in the park and reasonable access to common areas in the park
- ensure home owners can enjoy their site and common areas by respecting their reasonable peace, comfort or privacy in these areas
- take reasonable steps to ensure home owners and emergency workers or vehicles have access to sites and reasonable access to common areas
- maintain the common areas and communal facilities in a reasonable state of cleanliness and repair so that they are fit for home owners to use
- be available for home owners at reasonable times
- ensure the continuity of utilities supplied by the park to the site, where possible
- maintain trees in common areas so they do not pose a danger to people or property. Tree maintenance on individual sites depends on negotiation between you and the home owner, and should be included as a special term of the site agreement.
- establish and maintain reasonable and accessible mail facilities at the park for home owners
- maintain a notice board in a prominent position within the common areas, and do not interfere with a home owner's right to read the board or place a notice on the board
- display information, as required by regulation, on the residential notice board
- pay for the cost of installing measuring devices or meters to measure individual site usage, if you wish to separately measure or meter the use of a utility on a site
- respect the home owners' right to participate in a home owners' organisation
- ensure the new site is broadly comparable to the original site if you reposition a manufactured home in the park, and provide a written undertaking to pay the home owner all the expenses to reposition the home
- enter a site only where there is a site agreement in force, the home owner consents to the entry, and to:
- respond to an emergency
- read a meter situated on the site if you arrange for the supply of electricity, gas or water to the site
- carry out an inspection or site maintenance after giving the home owner at least 2 days' notice
- show the site to a prospective home owner after giving the home owner at least 1 day's notice of the inspection
- carry out an inspection or show a site to a prospective home owner—an inspection may not be conducted on a Sunday or public holiday, or outside 8am–8pm without the home owner's written consent
- confirm that the home has been abandoned if you have reason to believe that the home has been abandoned
- carry out an order of Queensland Civil and Administrative Tribunal (QCAT) that permits the park owner to enter a site for a stated purpose.
As an owner of a residential park, you must not:
- engage in fraudulent or misleading conduct while operating the park or when acting as a home owner's agent to sell or to negotiate the sale of a manufactured home
- engage in harassment or unconscionable conduct while operating the park or acting as a home owner's agent to sell or to negotiate the sale of a manufactured home.
Park owner behavioural standards
As an owner of a residential park, you must:
- respect the reasonable peace, comfort and privacy of a home owner or other resident
- take reasonable steps to ensure a home owner or other resident (or their guests) do not interfere with the reasonable peace, comfort and privacy of another home owner or resident
- use their best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation
- respect the right of a home owner or other resident to have autonomy over their personal, domestic or financial affairs or possessions
- respond to correspondence from a home owner or other resident (or their representative), within 21 days of receipt of correspondence and provide a complete response to the correspondence.
Enforcing these obligations
Both home owners and park owners are required to comply with these obligations and behavioural standards. They are currently enforceable by application to QCAT.