Manufactured Home Estates and Villages are covered by the Residential Parks Act 1998. This act protects both residents and owners.
When you have chosen which estate or village you would like to live in, ask the owner or manager for the documents that set out the rights and obligations of the residents and owners. The owner or manager of the estate or village is required to provide you with certain information, which you should read carefully and get if necessary legal advice on to make sure you understand your rights and obligations. The estate or village owner must give you the following information:
- A list of the following questions 1 - 16 and their answers:
- 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?
- Is there any restriction on the type of moveable dwelling allowed at the park?
- 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.
- If the park is sold, what protection does a resident have against a loss of rights?
- Are residents liable for any additional or extraordinary charges other than rent, and if so, for what purposes?
- Are there any restrictions on the resident regarding the sale of the resident’s moveable dwelling?
- Is the park currently authorised under the Local Government Act 1993 and, if so, are there any restrictions?
- What facilities are there available for delivery of mail to the park residents?
- 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?
- 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?
- What is the size of the relevant residential site?
- 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?
- 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?
- Would the park owner be prepared to buy the resident’s moveable dwelling if the resident were to decide to live elsewhere?
- Is the park situated within a Crown reserve or a National Parks and Wildlife Reserve?
- 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 be provided with:
- A written statement of any costs of preparation of the agreement and of any other charges (including stamp duty) payable in respect of the agreement.
- A copy of the Office of Fair Trading booklet Residential Park Living
- A copy of the park rules
- A list of the provisions of the agreement that are additional to the provisions contained in the standard form of the 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.
- A document giving information on electricity rebates.
For further information on tenancy matters, please contact the Office of Fair Trading on 13 32 20 or at www.fairtrading.nsw.gov.au.
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