A manufactured home is also known as a mobile home. It is a structure that:

• has the character of a dwelling house
• is designed to be moved from one position to another
• is not permanently attached to the land.

Manufactured homes do not include caravans or tents.

Converted caravans

A converted caravan is a structure that was designed as a caravan but is no longer a caravan due to a structural addition or alteration.

A converted caravan is not considered a manufactured home, except when:

• there is a pre-existing site agreement between a converted caravan owner and a residential park owner
• a residential park owner and a converted caravan owner voluntarily enter into a site agreement.

Manufactured home owners

A person is considered a manufactured home owner if:

• the manufactured home is their principal place of residence
• they obtain an interest in a site agreement as a personal representative or beneficiary of an estate
• they allow a tenant to occupy the home temporarily (if permitted under the site agreement).

Residential parks

Manufactured homes are found in various types of residential parks:

• mixed-use – the park may have a mixture of manufactured homes, caravan sites, tents and holiday cabins, offering short and long-term accommodation
• purpose-built – the park is made up of manufactured homes and is often targeted at the over-50s age group
• tourist – the park may have a mixture of permanent caravan tenants and holiday cabins, and has both rented and owner-occupied manufactured homes.

Park owner

A park owner can include the personal representative of the residential park, the beneficiary of the estate of a deceased park owner, or another successor in title.

Manufactured Homes (Residential Parks) Act 2003

Manufactured homes in residential parks are legislated by the Manufactured Homes (Residential Parks) Act 2003.

Action can be taken against residential park owners or managers who breach the Act. This action may include:

• an infringement notice
• entering into an undertaking (written agreement that you will not continue to repeat any act or omission against the Act).

There are also provisions within the Act to initiate enforcement under the Justices Act 1886. However, the proceeding must start within 1 year after the offence is committed or within 6 months after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed.

Park owner responsibilities and obligations

As a residential park owner, your basic responsibilities are to:

• take reasonable steps to ensure home owners and their tenants have access to their sites and all common areas
• maintain the common areas and communal facilities in a reasonable state of cleanliness and repair so they are fit for use by home owners and their tenants
• be reasonably available to home owners and their tenants to address park issues, such as the supply of utilities
• ensure you provide a continuous supply of utilities to the park and all sites, where possible
• comply with the park owner behavioural standards (outlined below)
• comply with the site agreement and park rules
• display on the park notice board either
  • the current park rules
  • information about how a home owner can get a copy of the current park rules for no cost to the home owner.
• prepare, maintain and implement emergency plans. All residential park owners must have an emergency plan in place.

Fraudulent or misleading conduct

As a park owner, 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 negotiate the sale of a manufactured home
• 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.

Quiet enjoyment

As a park owner or manager, you must:

• take reasonable steps to ensure home owners have quiet enjoyment of their sites and common areas
• not interfere with the home owners' reasonable peace, comfort and privacy.

Emergency plans

All park owners must have an emergency plan in place for each residential park, as of 1 September 2019.

As a park owner, you must keep the following at the park:

• a written copy of the emergency plan
• a written record of each test conducted for emergency procedures detailed in the emergency plan.

You should also keep another copy of the emergency plan off-site.

Access for emergency vehicles

As a park owner, you must ensure that emergency vehicles (e.g. ambulance, fire and police) have ready access to the park at all times, unless the park owner has a reasonable excuse.

You should also keep other relevant information with the emergency plan, including how to notify emergency services if access to the park has changed (e.g. gates are installed, codes to access gates have changed).

Restricting visitors

Park owners must not:

• restrict a visitor who is visiting the home owner(s) or another resident at the site or in a common area of the park if the visitor is providing, or intending to provide:
  • a health or community service to the home owner or other resident
  • and
  • is suitably qualified to provide the service.
• restrict other visitors from visiting a home owner or other resident(s) at the site or in a common area, without a reasonable excuse.

Maintenance of trees in common areas

Park owners must ensure that trees in common areas of the park are maintained so they do not pose a danger to any person or property.

Home owners who believe the park owner has not maintained a tree(s) can apply to the tribunal for an order requiring them to do so, subject to the dispute resolution procedures in the Manufactured Homes (Residential Parks) Act 2003.

Mail facilities

The park owner must establish and maintain reasonable and accessible mail facilities for the home owners.

Separate measurement or metering of utilities

The park owner must:

• pay for the cost of installing measuring devices or meters to measure individual site usage, if you want to separately measure or meter use of a utility at the site
• not charge a home owner an amount (or arrange for a home owner to be charged an amount) for the use of a utility that is more than the relevant supply authority would charge to supply the utility to the site. This applies if a utility is separately measured or metered and charged, or if the utility becomes separately measured or metered and charged.

Change of business hours phone number

The park owner must give the home owners written notice of a change in their business hours contact phone number for the park, within 7 days of the change.

Access to a site by park owner

As a park owner, you may only enter a manufactured home site (in accordance with section 94 of the Act) under the following circumstances:

• when a home owner has consented to the entry
• in an emergency
• to read a utility meter
• to carry out an inspection or maintenance on the site after giving the home owner 2 days' notice
• to show the site to a prospective buyer after giving the home owner 1 days' notice
• when you reasonably believe the manufactured home has been abandoned
• under an order of the Queensland Civil and Administrative Tribunal (QCAT) for a stated purpose.

You must also have the written consent of the home owner to enter a site on a Sunday, public holiday or between the hours of 8pm and 8am to carry out the following:

• read a utility meter
• carry out an inspection
• conduct maintenance on the site
• show the site to a prospective buyer.

Park owner behavioural standards

As a park owner, 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 your 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. These obligations are currently enforceable through the dispute resolution procedures in the Act.

All park owners must have an emergency plan in place for each residential park (since 1 September 2019).

Writing your emergency plan

An emergency plan helps to ensure the safety of all park residents in an emergency. An emergency may include:

• a fire at the park
• severe weather event
• chemical spill
• a situation where other safety measures are required at the park.

Write your emergency plan in a way that is easy to understand for all residents – both short stay and long-term. The emergency plan must include:

• emergency procedures
• testing of the emergency procedures, including the frequency of testing
• information, training and instructions for home owners and other park residents about implementing the emergency procedures
• assembly area where home owners and other residents of the park must evacuate to in the event of an emergency.

These are the minimum requirements for emergency procedures. You may also include additional procedures relevant to your residential park.

Consider including a site map in the emergency plan to show the location where home owners and residents will need to assemble during an evacuation.

You need to prepare, maintain and implement an emergency plan, in addition to your existing obligations, to ensure the safety of home owners and other residents in the event of a fire or hazardous materials emergency.

Read more about your obligations under the Work Health and Safety Regulation 2011.

Emergency procedures

You need to provide procedures to follow in an emergency, including:

• ensuring an effective response to an emergency
• evacuating home owners and other park residents
• notifying emergency service organisations at the earliest opportunity
• arranging for medical treatment and assistance
• ensuring effective communication between the person authorised by the park owner to coordinate the emergency response and the home owners, and other park residents.

The Queensland Ambulance Service (QAS), the Queensland Fire Department (QFD) and the Queensland Police Service (QPS) are emergency service organisations for the purposes of the emergency plan.

An effective response to an emergency depends on the type of emergency and may not always require an evacuation. However, the plan must contain procedures for evacuating home owners and other residents.

QFD suggests the emergency plan also include procedures for evacuating home owners and other residents with specific needs (e.g. mobility problems or cognitive issues), who may need assistance to evacuate in the event of an emergency.

The plan should also detail what assistance needs to be provided to emergency service organisations during an evacuation or emergency.

Emergency access

You need to ensure that emergency vehicles have access to the park in an emergency, unless you have a reasonable excuse. Include information about how emergency service organisations can access the park if there is an emergency.

Keep other relevant information with the plan, including how to notify local emergency service organisations if access to the park changes or is updated (e.g. gates are installed and/or codes to access gates are changed or applied).

Information, training and instruction

The emergency plan must provide information, training and instruction to the home owners and other park residents about implementing the emergency procedures.

Displaying the emergency plan

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

Maintaining and implementing your emergency plan

Once the emergency plan is established, you must maintain the emergency plan for the residential park so that the plan remains effective. In an emergency you must implement your emergency plan.

Encourage home owners and other residents to be aware of their own requirements and plan for an emergency. For example, they could prepare an emergency kit, home evacuation plan, and plan how to take care of family pets.

Keeping copies and records

You must keep at the park:

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

If possible, keep a copy of the emergency plan at the residential park and keep another copy off-site.

Offences for non-compliance with emergency plan requirements

It is an offence if you do not have an emergency plan that meets these requirements.

These changes are in addition to the existing obligations on park owners to ensure the safety of home owners and other residents in the event of a fire or hazardous materials emergency.

Read more about fire safety management plans, including guidelines and examples (under Building Fire Safety), to help you meet your obligations under the Fire and Emergency Services Act 1990.

Committees

A residential park can have 1 home owners' committee. The committee is formed by an election organised by home owners of the park.

If the home owners' committee at your park sends you a complaint or proposal, you must respond in writing to the committee within 21 days of receiving the written notice.

Find out more about home owners' committees in residential parks.

Rent

As the residential park owner, you set the rent for each park site and must ensure rent details are clearly stated in the site agreement.

To increase or decrease rents, you must follow the process below as outlined in the Manufactured Homes (Residential Parks) Act 2003.

Rent payments

Rent can be paid by one of the following approved methods, at a place that must be stated in the site agreement.

• cash
• cheque
• deposit to a financial institution account nominated by you
• credit card
• EFTPOS
• deduction from pay, pension or other benefit
• another method agreed on between the parties.

Rent receipts

If a home owner pays by cash you must give them a rent receipt. You must also provide a rent receipt if the home owner requests one when paying by cheque.

If an electronic payment is made, you must give a site rent record within 7 days of a home owner's request.

Site rent increases covered by site agreement

As the park owner, you can propose a general increase in site rent that uses the methods specified in the site agreement.

A site agreement may allow for a site rent increase using multiple bases, but only one basis may be used at a time.

All general site rent increases for a particular basis must occur on the general increase day, which is a day nominated by you for that basis. A general site rent increase for a site can't occur more than once a year.

You must notify residents of any proposed general increase in site rent. You must provide this notice to the home owner at least 35 days before the nominated general increase day.

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, you may increase site rents in a residential park to cover special costs using methods not contained in the site agreement.

There are 3 types of special cost:

• 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.

You must notify residents of any proposed increase in site rent to cover special costs. You must provide this notice to home owners at least 2 months before the proposed date of the rent increase.

If a home owner disagrees with a site rent increase to cover a special cost or doesn't respond to the notice, you can assume that they dispute the site rent increase. You can then begin dispute resolution procedures.

Decreasing site rent

The home owner can apply to QCAT seeking a reduction in their rent when:

• the quality of your residential park's common areas and shared (communal) facilities have decreased substantially
• you remove a shared (communal) facility or service that you provided when the site agreement started
• a shared (communal) facility or service as described in advertising, or in another document made available to the home owner before they entered the site agreement, has not been provided in the residential park.

You may reduce a home owner's rent if:

• a utility charge included in the rent becomes separately measured or metered and the home owner has to pay separately for the use of the utility
• a utility stops being available to the home owner through no fault of their own.

Utilities

In most cases, utilities in residential parks are not included in the site rent. These are generally paid for separately by the home owner to the park owner.

You cannot charge more for the supply of a utility to residents than the actual cost charged to you by your supply authority.

In the case of electricity supply, only the actual cost of the electricity can be passed on to the home owner and no extra fees or charges can be added to their electricity bill. Park owners who charge in excess of the cost of a home owner's supplied electricity may be in breach of the Manufactured Homes (Residential Parks) Act 2003 and penalties may apply.

You can include a component cost in the site rent to cover the cost of providing electricity and maintaining the electricity network or other infrastructure charges. This should be explained in the site agreement.

The residential park owner sets the rules about the use, enjoyment, control and management of the park. Park rules might include:

• use and operation of communal facilities
• noise levels
• sport and other recreational facilities
• speed limits for motor vehicles
• parking of motor vehicles
• disposal of garbage
• keeping of pets (can depend on local government laws)
• any other things you are regulated to set.

Changing park rules

If you would like to change the park rules, you must follow this process:

1. Set a date (objection closing day) for home owners to object to the proposed park rules.
2. Give each home owner notice of the proposal at least 28 days before the objection closing date. The notice should state the objection closing date, and how to lodge objections. Home owners can object in writing and should explain why they believe the proposal is unreasonable.
3. If 5 or more home owners object (the objectors), or the park has fewer than 10 residential sites and the majority of them object before the objection closing day, you and the objectors must set up a park liaison committee to consider the objections. The park liaison committee must be made up of:
1. a person chosen by the objectors (which may be an objector)
2. you or your nominee
3. someone else agreed to by the above representatives.

The park liaison committee

1. The park liaison committee must consider all objections and decide whether the proposal is reasonable or unreasonable.
2. If the committee decides the proposal is unreasonable, it must change the proposal in a way they consider appropriate to make it reasonable.
3. If the committee proposes to make a decision that would be contrary to an objection from a home owner regarding a change in park rules, the committee must invite objectors to a park liaison committee meeting and advise them of the proposed decision.
4. The committee must then give notice of its decision to each home owner and the park owner. If the committee cannot agree or objectors are dissatisfied with the outcome, they can apply to the registrar of the Queensland Civil and Administrative Tribunal (QCAT) to refer the dispute for mediation.
5. If there are no objections, or the number is not enough to require a park liaison committee, the proposal takes effect:
   1. at the end of the objection closing day
      or
   2. on a later day stated in the proposal.

A site agreement is an agreement between a residential park owner and a home owner that allows a home owner to rent a particular site (land) in a residential park to position their manufactured home.

The agreement also gives the home owner non-exclusive use of the park's common areas and communal facilities.

Site agreement requirements

As the park owner, you must provide a site agreement to prospective buyers. The site agreement should include:

• names and contact details for both you and the home owner
• your Australian Business Number or Australian Company Number
• the residential park name and address, location of the site (land) within the park where the manufactured home will be located and its size
• the number of people allowed to live in the manufactured home at the site
• the start date for the site agreement
• details about site rent including how often it will be paid, how to pay, how many people are covered by the rent, and how and when rent may increase
• costs for utilities and services, i.e. electricity, gas, water, phone, mowing/gardening and other services that are specific to the park
• whether pets are allowed and conditions around keeping pets on site
• standard terms and any special terms of the agreement
• responsibilities for both you and the home owners
• park rules for the residential park
• terms of any Queensland Civil and Administrative Tribunal (QCAT) order that may be in force about the agreement.

The site agreement must:

• be written clearly, ensuring all details are correct
• clearly identify the site where the manufactured home is or will be positioned
• state each party's name, address, phone number and email address
• state the site rent and other charges payable under the agreement, and when and how the home owner will pay them
• state how and when you, as the park owner, can vary the site rent
• state the maximum number of people who can live on the site
• be signed by all parties.

Special terms in the site agreement

The site agreement might also include special terms which have been agreed to by both you and the home owner, such as who is responsible for maintaining the site land, fencing or trees.

While the agreement is in force, the parties can vary the special terms if both parties agree to the change in writing, and sign. If not written and signed, the variations are void and do not become part of the agreement.

Either party to a site agreement may make an application to QCAT for an order about a proposed change.

Particular types of special terms are prohibited in site agreements. These terms can be found in the Manufactured Homes (Residential Parks) Regulation 2017.

It is an offence for a park owner to include a prohibited special term in a site agreement.

Terminating a site agreement

A site agreement can be terminated only by:

• mutual agreement
• the home owner
• QCAT on application by the park owner.

Terminating a site agreement by mutual agreement

Mutual agreement is where both the home owner and the park owner (or manager) agree to terminate the site agreement.

A Termination notice – by mutual agreement (Manufactured Homes Form 4) (PDF, 185KB) must be completed by both parties.

It is illegal for a park owner to intimidate or attempt to intimidate a home owner into terminating a site agreement.

If you and the home owner mutually agree to terminate the site agreement, the home owner must give you vacant possession of the site. You are not required to pay moving costs.

A park owner is not allowed to enter into a mutual termination agreement before or on the same day as they enter into a site agreement with a manufactured home owner.

Termination by the home owner/buyer

Termination during the cooling-off period

If the buyer has received the full disclosure period, they have a cooling-off period of 7 days to give the relevant termination form to the park owner.

If the park owner has not met the disclosure requirements or the buyer has waived the full disclosure period, the buyer has a cooling-off period 28 days to give the relevant termination form to the park owner.

Prospective home owners entering a new site agreement with a park owner

If the home owner/seller and prospective home owner/buyer have entered into a new site agreement, the buyer may terminate the agreement within the cooling-off period by giving the seller and park owner the signed Form 3A – Termination for site agreement – by home owner in cooling-off period (PDF, 106KB).

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

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

Prospective home owners assigning their existing site agreement to another buyer

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

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

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.

Termination after the cooling-off period

The home owner must give notice to the park owner by completing a Termination notice – by home owner (Manufactured Homes Form 5) (PDF, 155KB).

Termination by the park owner

You can apply to QCAT to terminate a site agreement on the grounds that:

• the home owner broke a term of the site agreement and did not fix the problem within 28 days of being given a Notice to remedy breach (Manufactured Homes Form 6) (PDF, 154KB)
• the home owner assaulted a person in the residential park
• the home owner wilfully destroyed the property of others in the park
• the home owner is using the site other than as a place of residence
• the home owner, or their tenant or guest, repeatedly interferes with the quiet enjoyment of the park and does not comply with a Notice to remedy breach (Manufactured Homes Form 6)
• you wish to use all or part of the park land for another purpose. In this case, you must give QCAT a document certified by the local government authority that the park land can be used for the stated purpose. You will be required to pay the home owner compensation.

As a site agreement is a contractual agreement, it is recommended that the parties seek legal advice before ending the agreement.

When the park owner has to pay compensation

If you request to terminate a site agreement because you wish to use the residential park land for another purpose, you may apply to QCAT for a termination order.

In making a termination order, QCAT will order you to pay the home owner compensation and will take into account the estimated costs of removing the home from the site, including the costs of:

• dismantling the home
• moving the home owner's personal belongings to their new home
• anything else QCAT considers relevant.

When deciding the termination order, QCAT may postpone the termination date for up to 1 year after the day of the termination order.

With the home owner's consent, QCAT may also order you to make a comparable site within the park available to the home owner for the positioning of their manufactured home, if a comparable site is available.

When a manufactured home owner in a residential park decides to sell their home, as the park owner you have responsibilities to both the seller and prospective buyer.

Your responsibilities to the buyer

You must supply the prospective buyer with the following documents:

• Relevant pre-contractual disclosure documents
  • Form 1A – Initial disclosure document (PDF, 113KB) at least 21 days prior to the sale
  • Form 1B – Supplementary disclosure document (PDF, 183KB) at least 14 days prior to signing
  • Form 1C – Precontractual disclosure waiver (PDF, 135KB) if you plan to waive your pre-contractual disclosure
• a copy of the park rules and any proposals to change the park rules
• the proposed site agreement for the site (2 copies will need to be provided to the prospective buyer).

You will need to provide the prospective home owners with a number of pre-contractural disclosure forms. You will need to fill in the details specific to your residential park, including:

• the address and real property description
• the park owner and manager's name and business address
• details of any authority (approval, consent, licence or permit) issued under law that is necessary for park operation
• details of the communal facilities
• an outline of the park owner's and the home owner's basic responsibilities
• how site rent may be varied
• the ways in which a site agreement may be terminated
• how a home owner may assign (transfer) their interest in a site agreement
• information about the dispute resolution processes and how site agreement disputes may be resolved
• recommendation for the home owner to seek independent legal advice before entering into or agreeing to the transfer of a site agreement.

Your responsibilities to the seller

If a home owner decides to sell their residential park manufactured home, you must not:

• restrict the home owner from placing a suitable 'for sale' sign on the site if it's allowed under the site agreement
• unreasonably hinder the sale, for example, by stopping potential buyers from inspecting the home
• unreasonably hinder or refuse to consent to the home owner transferring their interest in a home. If you do not make a decision about a proposed transfer within 14 days of receiving the request, it is taken that you do not consent to the transfer
• restrict the home owner's right to get independent legal advice.

Refusal to consent

If you decide not to consent to the home owner transferring their interest, you must:

• return 2 copies of the Form of assignment (Manufactured Homes Form 8) (PDF, 200KB) to the home owner
• give the home owner written notice of your decision and reasons.

The home owner may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of your decision. QCAT can either confirm your decision or override it and order consent.

If QCAT orders you to consent, you must sign both copies of Form 8, and return 1 copy to the home owner within 7 days of the order.

Home owner responsibilities

Home owners wishing to sell a manufactured home also have responsibilities and must follow a number of steps.

Being appointed to sell

A home owner may ask (appoint) you to act as their agent to sell or negotiate the sale of their manufactured home.

To do this they must sign a Selling authority (Manufactured Homes Form 9) (PDF, 146KB).

Under this authority, you must not charge a fee that is more than the amount set under official regulation. See the examples below:

You cannot charge a fee for the agency if you were not the effective cause of the sale. The Manufactured Homes (Residential Parks) Act 2003 does not allow a park owner to engage in fraudulent, misleading, harassing or unconscionable conduct when acting as a home owner's selling agent to sell, or to negotiate the sale of a manufactured home.

If, as the residential park owner, you believe a home owner has abandoned their manufactured home, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) to make an abandonment order.

Abandonment orders

An abandonment order declares that the home owner has abandoned the home and specifies the day the home was considered abandoned.

If QCAT makes an abandonment order, the owner is then considered to have abandoned their home and their site agreement is terminated.

In deciding whether to make the abandonment order, QCAT may consider if:

• any site rent payable under the agreement is unpaid
• the home is unoccupied and neglected
• the agreement has already been terminated
• the home owner's mail is being collected
• reports from the home owner's neighbours or other people about the owner's whereabouts or absence
• utilities supplied to or used at the home have been disconnected
• the home owner's personal effects have been removed from the home.

As well as an abandonment order, QCAT can also:

• authorise you to sell the home and any of the home owner's personal effects that remain in the home or on the site
• order the home owner to pay you any amount of rent owing up to the day their agreement is terminated.

Park owner obligations

You must not sell the home or the home owner's personal effects:

• unless QCAT authorises the sale
• to a prohibited person (park owner, employee or relative of the park owner), unless QCAT authorises the sale.

If QCAT grants the order, you do not incur any liability for selling the home, or selling or removing personal belongings from the home or site, if you act honestly and without negligence.

Anyone who buys the home or belongings gets a clear title to them. This means that anyone else's interest in these items ends unless the buyer does not act honestly in the purchase.

Distributing sale proceeds

You must distribute the proceeds from the sale of an abandoned manufactured home in this order:

1. Pay the reasonable costs of selling the home, or removing, storing and selling the personal effects.
2. Pay any amount under a security interest registered for the home or personal effects.
3. Pay any relevant termination payment owed to the home owner.
4. Pay the balance to the home owner or, if the home owner's whereabouts is unknown, to the public trustee within 10 days of the sale.

If you appoint a public trustee to receive the balance, you must pay this amount into the unclaimed money fund kept under the Public Trustee Act 1978.

Recovering losses

Once the public trustee pays the amount to the fund, you may apply to QCAT to receive payment for loss of rent money that you would have received between the agreement termination date and the date you sold the home, or sold/removed belongings from the park, from the money paid into the fund.

When considering the application, QCAT would look at whether you:

• acted as soon as reasonably practicable to sell the home or belongings
• took all reasonable steps to reduce your loss of site rent that would have been paid if the agreement were still in force.

Changing park owners

A new park owner must formally advise the Department of Housing and Public Works within 28 days of a change in information previously provided to the department.

A park owner must complete a Form 10 Information for record of residential parks (PDF, 671KB) and give the department information about their residential park, to:

• provide information about a new or existing residential park
• or
• update information previously provided about the residential park.

If you decide to give up ownership of your residential park, your successor will get the same benefits and be subject to the same obligations that you had under the existing site agreements.

A new park owner must formally advise all home owners within 14 days of:

• the new owner's name and business address
• where to make future rent payments.

Changing park managers

If you have appointed a new park manager, you must formally advise each home owner of the manager's appointment, and the manager's name and business address.

You must also give notice to each home owner if you terminate a park manager's employment.

You must also advise the Department of Housing and Public Works within 28 days following the change and provide contact details for the new park manager.

Penalties for failing to advise

Failing to formally advise the Department of Housing and Public Works within 28 days of a change in information previously provided to the department, is an offence under the Manufactured Homes (Residential Parks) Act 2003. Penalties apply.

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.

1. 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.
2. Allow 7 days for a response from the manufactured home owner.
3. Confirm or negotiate a meeting time that both parties can attend.
4. Voice your concerns clearly and try to resolve the issue in the meeting.

Try mediation

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:

• apply for free mediation
• find your closest dispute resolution centre.

The Queensland Civil and Administrative Tribunal (QCAT) also offers mediation. There is a fee for this service.

• Apply for mediation through QCAT.

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.

Tribunal hearing

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.

More information

• Contact the Queensland Law Society
• Email regulatoryservices@housing.qld.gov.au

Park owners must use these forms to comply with the Manufactured Homes (Residential Parks) Act 2003 and its associated Regulation.

General forms

Form 6 – Notice to remedy breach (PDF, 151KB)
Home owners and park managers use this form to notify that they have broken the site agreement and ask that the problem be fixed.

Form 10 – Application for registration as a residential park (PDF, 671KB)
Use this form to give the department prescribed information about your residential park.

Form 11 – Dispute negotiation notice (PDF, 189KB)
Home owners and park managers use this form to start the dispute negotiation process with another party.

Form 12 – General increase notice (PDF, 165KB)
Use this notice to propose a general increase in site rent in accordance with the Manufactured Homes (Residential Parks) Act 2003.

Form 13 – Increase in site rent to cover special costs notice (PDF, 184KB)
Use this notice to propose a site rent increase that is necessary to cover a special cost in accordance with part 11, division 3 of the Manufactured Homes (Residential Parks) Act 2003.

Form 14 – Utility cost notice (PDF, 170KB)
Use this notice to advise of a change in site rent due to a change in circumstances relating to utility costs.

Application for review of decision (PDF, 208KB) – Fair Trading Inspectors Act 2014 (section 74).

Sale and transfer forms

Form 1C – Precontractual disclosure waiver (PDF, 141KB)
Homeowners use this document to notify you of their wish to reduce the precontractual disclosure periods from the default notice period of at least 7 days from receiving the documents from the park owner.

Form 2 – Site agreement (PDF, 363KB)
Homeowners and park managers use this form to make a site agreement.

Form 7 – Notice of proposed assignment (PDF, 111KB)
Homeowners use this form to notify you that they intend to sell a manufactured home and assign their interest in a site agreement to the buyer.

Form 8 – Form of assignment (PDF, 141KB)
Homeowners use this form to assign their interest in a site agreement to a person who wants to buy their manufactured home.

Form 9 – Selling authority (PDF, 115KB)
Homeowners use this form to appoint you to sell their home in a residential park.

Form 16 – Park Comparison Document (PDF, 857KB)
Homeowners use this form to compare residential parks.

Form 18 - Home Owners Information Document (PDF, 438KB)
Prospective homeowners use this document to help decide whether residential park living is the right choice for them.

Termination notices

Form 3A – Termination for site agreement by home owner in cooling-off period (PDF, 120KB)
Homeowners use this form to terminate a site agreement during the cooling-off period.

Form 3B – Termination notice of assignment agreement in cooling-off period (PDF, 116KB)
Homeowners use this form to terminate an assignment agreement during the cooling-off period.

Form 4 – Termination notice - by mutual agreement (PDF, 291KB)
Use this form when there is mutual agreement to end the site agreement.

Form 5 – Termination notice - by home owner (PDF, 175KB)
Homeowners use this form to cancel their site agreement.