South-East Queensland’s Prominent Manufactured Home Lawyers
If you are thinking about moving into a manufactured home, you need to ensure you obtain the right advice and understand your right and obligations when living in the park. At RHC Solicitors, our manufactured home lawyers have extensive knowledge and experience in dealing with sales and purchases, the site agreement, rules and other common features of living with and dealing with manufactured home parks.
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.
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.
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 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.
Ready To Get Started?
With 40 years of conveyancing experience and dedicated property lawyers, we're always ready to help you with your manufactured home purchase. We provide the necessary advice and guidance to ensure your purchase is smooth and straightforward for you. Contact us to schedule an initial pre-contractual appointment.