How We Can Help

The increasing demand from home owners and the promising returns for park owners are fuelling a growing interest from both established and new operators in developing and operating manufactured home parks and retirement villages across Australia. These parks or villages vary from basic amenities to luxury resort-style facilities, catering to a diverse range of people and their preferences.

At RHC Solicitors, our aged care and retirement living lawyers are dedicated to providing detailed and pragmatic advice to all stakeholders in the sector, including park owners, managers, landowners, and industry representative bodies. We can assist in navigating the legal complexities involved in developing, owning, and operating a caravan, tourist park, village or manufactured home parks. With a sophisticated understanding of property market trends in Queensland and throughout Australia, we offer customised commercial advice to not only help you efficiently manage your park or village but also to build a strong and successful business.

Our experience encompasses a wide array of aspects, including drafting site agreements and park rules, creating contracts for the sale of manufactured homes, implementing site rent increases, drafting leases and disclosure documents, recovering utility costs, and ensuring compliance with competition and consumer protection laws. Additionally, we provide guidance in planning, development, environmental compliance, and dispute resolution. Our services extend to facilitating the buying and selling of manufactured homes and manufactured parks, as well as handling litigation and dispute resolution matters with regulatory authorities, homeowners, and tenants. We are LAO well-versed in handling infringement matters subject to investigation.

We can also provide expert advice on tax obligations and exemptions, including obtaining exemptions under the Land Tax Act.

As our practice is multi-disciplinary, our knowledge in other facets of the law such as employment law extends to addressing age discrimination exemptions and supporting estate planning and business succession matters for park or village owners. With this extensive expertise and in-depth understanding of the industry, we are committed to assisting you in achieving your business goals and ensuring compliance with all relevant legal requirements.

Our Experience with Retirement Villages & Manufactured Homes

Our firm has been actively involved in several retirement village and manufactured park projects, offering our knowledge and industry experience in various aspects of the development and operation process.

Retirement Village Services We Offer

We offer a comprehensive range of services tailored to the specific needs of retirement village development and operation. Some of the key services we provide include:

• Conducting due diligence related to site selection, including assessing titling arrangements and encumbrances

• Structuring the proposed business for the developer and any associated joint venture documents to ensure optimal operations

• Providing advice on financing arrangements to support the development process

• Assisting with the registration of the retirement village with the relevant department, ensuring compliance with regulations

• Structuring the proposed titling of residents' unit holdings to streamline legal processes

• Offering advice on and preparing residence contracts, Village Comparison Document, and Prospective Costs Documents forms, keeping them up-to-date with legislative changes

• Assisting in the preparation of any necessary by-laws for the retirement village

• Providing extensive advice on management and ongoing compliance matters, ensuring smooth operations

• Acting on behalf of the operator in sales of residences within the retirement village

• Offering guidance in relation to supplier or subcontractor agreements to ensure efficient and effective operations

Manufactured Home Services We Offer

We have extensive experience helping the manufactured home industry. Some of the extensive services we provide include:

• Conducting due diligence related to site purchases, including evaluating titling arrangements and encumbrances on title or administrative advices

• Structuring the owner entity

• Advising on financial arrangements

• Assisting with the registration of the park

• Drafting and advising on site agreement forms, including any special conditions

• Advising on and drafting park rules to govern the park's operations and ensure a smooth and well-organised park and regulating the conduct of relevant persons

• Providing guidance on management and ongoing compliance matters

• Acting on behalf of the operator in sales of home sites within the park, ensuring a transparent and efficient process

• Offering advice in relation to supplier or subcontractor agreements to optimise the park's operations and services

• Advising on and drafting employment agreements and resolving workplace disputes