Why Engage RHC Solicitors With Your Manufactured Home Purchase?

Our manufactured home lawyers have extensive experience in handling manufactured home purchases from ensuring you receive the correct documents, spending the time with you and your family when conducting review of your purchase contract to advising on the site agreement and handling the conveyance. Although complex, we understand the importance of ensuring you receive accurate and complete advice in your time and in your language.

What Are Manufactured Homes?

A manufactured home is defined as a structure that possesses the characteristics of a dwelling house, designed to be movable from one location to another, and not permanently affixed to land. It is essential to distinguish manufactured homes from caravans or tents, as they fall into different categories.

Manufactured homes are commonly situated in various types of residential parks:

• Mixed-use parks: these parks offer a combination of accommodation options, including manufactured homes, caravan sites, tents, and holiday cabins. They cater to both short and long-term stays
  

• Purpose-built parks: these parks exclusively consist of manufactured homes and are often specifically designed for individuals aged over 50
  

The management of residential parks is handled by a park owner or manager. They oversee the operations and services provided within the park, ensuring a well-maintained and comfortable living environment for residents.

Manufactured Home Owners

For the purposes of the Manufactured Homes (Residential Parks) Act 2003 you are considered a manufactured home owner if:

• Your manufactured home serves as your primary residence
  

• You hold an interest in a site agreement as a personal representative or beneficiary of an estate
  

• You permit a tenant to temporarily occupy the home, as permitted under the site agreement

If you are looking for a list of recorded manufactured home parks categorised by region, you can do so by clicking here. This may be of benefit when searching for your next place to live.

The regulations governing manufactured homes in residential parks are outlined in the Manufactured Homes (Residential Parks) Act 2003.

Obligations on Manufactured Park Owners

It is crucial for operators to be well-informed about their obligations, as penalties can be imposed for non-compliance.

Residential park owners have fundamental responsibilities, some of which include:

• Ensuring that home owners and their tenants have reasonable access to their sites and all common areas within the park
  

• Maintaining the common areas and communal facilities in a reasonable state of cleanliness and repair, ensuring they are suitable for use by home owners and tenants
  

• Being reasonably available to address park-related issues, such as the provision of utilities, for the benefit of home owners and tenants
  

• Ensuring an uninterrupted supply of utilities to the park and all sites, to the extent feasible
  

• Adhering to the park owner behavioural standards, which are outlined below
  

• Abiding by the site agreement and park rules that govern the residential park
  

• Displaying either the current park rules or information on how home owners can obtain a copy of the current park rules at no cost
  

• Developing, maintaining, and implementing emergency plans. All residential park owners are required to have an emergency plan in place to address potential crises or hazards within the park
  

For comprehensive information on managing manufactured homes in residential parks, click here.

Site Agreements

A site agreement constitutes a contract between you and the residential park owner, allowing you to rent a specific site within a residential park for the placement of your manufactured home. In some cases, your manufactured home may already be on the park land. This agreement also grants you shared access to the park's common areas and communal facilities.

The site agreement typically includes the following details:

• Names and contact information of both the park owner and home owner
  

• The park owner's Australian Business Number or Australian Company Number
  

• The name and address of the residential park, the location of the site where the manufactured home is positioned, and its size
  

• The maximum number of people allowed to reside in the manufactured home on the site
  

• The start date of the site agreement
  

• Information about site rent, including frequency of payment, accepted payment methods, number of individuals covered by the rent, and provisions for potential rent increases, such as market rent reviews or orders from the Queensland Civil and Administrative Tribunal (QCAT)
  

• Details about utility and service costs, such as electricity, gas, water, sewerage, telephone, mowing/gardening, and other park-specific services
  

• Provisions regarding the allowance and conditions of keeping pets on the site
  

• Standard terms and any special terms specific to the agreement
  

• Responsibilities of both home owners and park owners
  

• Park rules for the residential park
  

• Terms of any Queensland Civil and Administrative Tribunal (QCAT) order that may apply to the agreement

Before finalising the site agreement, it is crucial to thoroughly review and ensure:

• Clarity of its meaning and accuracy of all details
  

• Correct site location for the manufactured home
  

• Inclusion of names, addresses, telephone numbers, and email addresses of all parties involved
  

• Clear statement of site rent and other charges payable under the agreement, along with payment details
  

• Identification of the process for the park owner to adjust the site rent, including any QCAT orders
  

• Declaration of the maximum number of people allowed to reside on the site
  

• Proper signatures of all parties involved
  

• Possession of two copies of the site agreement, with park rules attached to both
  

At RHC Solicitors, our manufactured home lawyers can assist you in going through the complexities of the site agreement, the meaning and effect of terms and your rights and obligations.

Special Conditions  

Often, a site agreement will also encompass special conditions.  These must be agreed upon by both the park owner and home owner. However, certain types of special terms are prohibited in site agreements, as outlined in the Manufactured Homes (Residential Parks) Regulation 2017.

Park owners may face penalties for including prohibited special terms in the agreement.

During the agreement's validity, special terms can be modified if both parties agree to the changes in writing and sign it. Otherwise, any changes without written agreement and signatures will be considered void.

Either party involved in the site agreement can apply to QCAT for an order regarding a proposed change.

Before finalising the site agreement, it is essential to seek independent legal and financial advice to thoroughly assess the agreement and any related purchase agreements. Seeking legal advice will ensure that you understand your rights and responsibilities, as well as those of the park owner, under the Manufactured Homes (Residential Parks) Act 2003.

Forms for Manufactured Home Owners

Manufactured home owners are required to use certain forms to comply with the Manufactured Homes (Residential Parks) Act 2003 and regulations.

• Form 6 – Notice to remedy breach - home owners and park managers use this form to notify the other party that they have broken the site agreement and ask that the problem be fixed
  

• Form 11 – Dispute negotiation notice – home owners and park managers use this form to start the dispute negotiation process with another party
  

• Form 1C – Precontractual disclosure waiver - this form is used to notify a park owner that you wish to waive your right of the full disclosure period for entering the site agreement
  

• Form 2 – Site agreement - home owners and park managers use this form to make a site agreement
  

• Form 9 – Selling authority - this form is used to appoint a park owner to sell your home in a residential park
  

• Form 3A – Termination for site agreement by home owner in cooling-off period - this form is used to terminate a site agreement during the cooling-off period
  

• Form 3B – Termination notice of assignment agreement in cooling-off period - this form is used to terminate an assignment agreement during the cooling-off period
  

• Form 4 – Termination notice - by mutual agreement - this form is used when there is mutual agreement to end the site agreement
  

• Form 5 – Termination notice - by home owner - this form is used to cancel your site agreement
  

Prior to using any of these forms, we highly recommend you obtain advice from manufactured home and retirement living lawyers.