Resident’s Protected
Manufactured home villages are governed by the Residential Parks Act 1998, which provides protection for residents and village owners.
It is important to be clear about your rights and obligations as a resident prior to moving in. The laws are designed to ensure that both you and the village owner know what to expect from each other right from the start. The residential tenancy agreement will provide those protections.
When you have chosen which village you would like to live in, ask the owner or manager for the documents that explain the rights and obligations of the residents and the village owners.
Before you sign a residential tenancy agreement, the owner or manager of the village is required to provide you with a copy of the following questions 1-16 and their written answers.
The answers highlight important details for you as a prospective resident. It enables you to make a worthwhile comparison between what is being offered by manufactured home villages in the area you want to live.
Q 1 What restrictions are there on a resident in the use of his or her premises and the park facilities about:
- having someone else live in the premises, and
- having visitors, including overnight or short-stay guests, and
- car parking, and pets, and any other matter?
Q 2 Is there any restriction on the type of moveable dwelling allowed at the park?
Q 3 What can the resident put on the residential site besides the moveable dwelling (such as a carport or garden shed?
The answer to this should take into account:
- what the park owner will permit, and
- what the local council will permit, and
- what regulations made under the Local Government Act 1993 will permit.
Q 4 If the park is sold, what protection does a resident have against a loss of rights?
Q 5 Are residents liable for any additional or extraordinary charges other than rent, and if so, for what purposes?
Q 6 Are there any restrictions on the resident regarding the sale of the resident’s moveable dwelling?
Q 7 Is the park currently authorised under the Local Government Act 1993 and, if so, are there any restrictions?
Q 8 What facilities are there available for delivery of mail to the park residents?
Q 9 Are there restrictions on the use of common facilities? If so, what hours are the facilities available and who may use the facilities? Are there any other restrictions on the use of these facilities?
Q 10 Is the park owner aware of any arrangement or restriction on the resident’s, or the park owner’s, use of the residential site or the residential park, now or in the future?
Q 11 What is the size of the relevant residential site?
Q 12 Has any development application been made during the past 5 years under the Environmental Planning and Assessment Act 1979 for the redevelopment of the park or for a change of use of the land on which the park is situated?
Q 13 Have notices of termination been given to any residents during the past 12 months in connection with any proposed redevelopment of the park or any proposed change of use of the land on which the park is situated?
Q 14 Would the park owner be prepared to buy the resident’s moveable dwelling if the resident were to decide to live elsewhere?
Q 15 Is the park situated within a Crown reserve or a National Parks and Wildlife Reserve?
Q 16 What arrangements exist for the supply of energy to the residential site, and at what cost to the resident will energy be supplied?
A prospective resident must also be provided with:
- An agreement which includes a premises or site condition report.The term of the agreement and the condition report must be already filled out by the village owner, so you may read it and seek advice before signing. Before you sign, read thoroughly the terms and conditions of the agreement to help you understand your rights and responsibilities. The terms and conditions are in the law and cannot be changed. Read your agreement for more details about your rights and obligations.
- A written statement explaining any costs of preparation of the agreement and any other charges (including stamp duty) payable in respect of the agreement.The village owner cannot request payment of more than $15.00 from the resident for the costs of preparation of the written residential tenancy agreement. However, the resident is liable to pay fully for any stamp duty associated with registering a written residential tenancy exceeding three years.
- A copy of the booklet titled ‘Residential Park Living’ issued by the Office of Fair Trading.This booklet is very useful and informative and explains your rights and obligations as a resident.
- A copy of the park rules.Park rules form terms of your tenancy agreement. Park rules can be made about noise, parking of motor vehicles, playing games and other sporting activities, safety of persons and property within the residential park, the keeping of pets – note, some parks do not allow pets at all, use and operation of communal facilities, waste recycling, safety and transport in the village. It is important you read carefully the park rules in place in the village.
- A list of any ‘Additional Terms’ that are additional to the standard form tenancy agreement. Additional Terms must be set out in a separate and clearly labelled part of the residential tenancy agreement. Additional terms also must not conflict with the standard terms of the agreement. Additional terms must also not conflict with the standard terms of the agreement or with any laws that apply to villages and estates. The additional terms must be agreed prior to signing the tenancy agreement.
- A document stating that the residents right to occupy the residential premises is a leasehold right only (and not a freehold right or other right of an unlimited or perpetual nature) and may in certain circumstances be terminated. Under the residential tenancy agreement for manufactured home estate or village the resident rents the site on which the manufactured home is located. The resident does not have ownership of or title in the site.
- A document giving information on electricity rebates.