Queensland: Manufactured Homes (Residential Parks) Act 2003 (Qld)

Manufactured Homes (Residential Parks) Act 2003 An Act to provide for the positioning and occupancy of manufactured homes in residential parks, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Manufactured Homes (Residential Parks) Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons, including the State. (2) However, nothing in this Act makes the State liable to be prosecuted for an offence. Division 2 Objects of Act and relationship with FTI Act 4 Objects of Act (1) The main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks— (a) to protect home owners from unfair business practices; and (b) to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners. (2) The main object is achieved by— (a) declaring particular rights and obligations of the park owner, and home owners, for a residential park; and (b) facilitating the disclosure of information about a residential park, and this Act, to a prospective home owner for a site; and (c) regulating— (i) the making, content, assignment and ending of a site agreement; and (ii) the sale of an abandoned manufactured home positioned on a site in a residential park; and (iii) the variation of site rent; and (d) facilitating participation by home owners for a residential park in the affairs, maintenance and operation of the park; and (e) providing ways of resolving a residential park dispute; and (f) protecting home owners from unfair or excessive increases in site rent; and (g) preserving the safety and security of tenure of home owners. (3) The following are also important objects of this Act— (a) encouraging the continued growth and viability of the residential park industry in the State; (b) providing a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion. 4A Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act. (3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act. Note— See also the modifying provisions for this Act stated in the FTI Act, section 5. Division 3 Rights or remedies not restricted 5 Rights and remedies of persons (1) A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act. (2) Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act. (3) In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is consistent with this Act. Part 2 Interpretation 6 Definitions The dictionary in schedule 2 defines particular words used in this Act. 7 [Repealed] 8 Who is a home owner (1) Each of the following is a home owner— (a) a person who owns a manufactured home that is positioned on a site in a residential park under a site agreement; (b) a person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person's principal place of residence; (c) a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual's death was a person mentioned in paragraph (a) or (b); (d) another successor in title of a person mentioned in paragraph (a) or (b). (2) A person mentioned in subsection (1)(a) is a home owner whether— (a) the person occupies the home as the person's principal place of residence; or (b) a tenant of the person occupies the home. 9 [Repealed] 10 What is a manufactured home (1) A manufactured home is a structure, other than a caravan or tent, that— (a) has the character of a dwelling house; and (b) is designed to be able to be moved from one position to another; and (c) is not permanently attached to land. (2) A manufactured home does not include a converted caravan. (3) However, if a park owner and the owner of a converted caravan enter into an agreement, that would be a site agreement if it related to a manufactured home, for a site on which the converted caravan is positioned or intended to be positioned— (a) the converted caravan is taken to be a manufactured home; and (b) the agreement is taken to be a site agreement. (4) To remove any doubt, it is declared that an agreement entered into under another Act or a former Act, other than the repealed Mobile Homes Act 1989, is not a site agreement under subsection (3). Example— A residential tenancy agreement entered into under the Residential Tenancies and Rooming Accommodation Act 2008 is not a site agreement under subsection (3). 10A What is a converted caravan A converted caravan is a structure that— (a) as originally designed, was a caravan; and (b) is no longer a caravan because of a structural addition or structural alteration. 11 Who is a park owner (1) A person who owns a residential park is a park owner. (2) Each of the following is also a park owner— (a) the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual's death was a person mentioned in subsection (1); (b) a mortgagee in possession of a residential park for which site agreements are in force; (c) another successor in title of a person mentioned in subsection (1). 12 What is a residential park A residential park is an area of land that includes— (a) sites; and (b) common areas; and (c) facilities for the personal comfort, convenience or enjoyment of persons residing in manufactured homes positioned on sites. 13 What is a site A site is land that is available for rent under a site agreement. 14 What is a site agreement A site agreement is an agreement between a park owner and a home owner that— (a) provides for— (i) the rental by the home owner of particular land in a residential park; and (ii) the positioning on the land of a manufactured home; and (iii) the home owner's non-exclusive use of the park's common areas and communal facilities; and (b) includes provision about anything else required or permitted by this Act to be in the agreement. Example for paragraph (b)— provision about how site rent may be increased 14A What is a residential park dispute (1) A residential park dispute is— (a) a dispute about a proposal for a change in a park rule for which a non-resolution notice has been given or a park liaison committee has made a proposal decision; or (b) a dispute between a seller and park owner about the park owner's failure or refusal to consent to the assignment of the seller's interest in a site agreement to a buyer; or (c) a dispute between the park owner and home owner under a site agreement about— (i) the parties' rights or obligations under the agreement or this Act; or (ii) without limiting subparagraph (i), how site rent is to be paid; or (iii) another matter provided for under this Act; or (d) a dispute about a matter relating to the day-to-day running or operation of a residential park (including a failure to communicate or cooperate in dealing with the matter) between— (i) the park owner; and (ii) either— (A) the home owners committee for the park; or (B) if no home owners committee has been established for the park—a home owner; or (e) a dispute between the home owners for 2 or more sites in a residential park about a home owner's rights or obligations under this Act; or (f) a dispute, other than a dispute mentioned in paragraph (b), between 2 or more of a seller, buyer and park owner about the seller's, buyer's or park owner's rights or obligations under this Act relating to an assignment or proposed assignment of the seller's interest in a site agreement to the buyer; or (g) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or (h) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner; or (i) a dispute about whether a seller is entitled to assign the seller's interest in a site agreement to a buyer; or (j) a dispute about whether a buyer is entitled to be assigned a seller's interest in a site agreement; or (k) a dispute between a home owner and a park owner about whether a manufactured home is an eligible home under part 9A; or (l) a dispute between a home owner and a park owner about noncompliance by the home owner or the park owner with their obligations under part 9A. (2) For subsection (1), a dispute about a person's obligation includes a complaint that the person has not complied with the obligation. (3) Despite subsection (1), neither of the following is a residential park dispute— (a) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan; (b) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan. Part 3 Basic responsibilities of park owners and home owners 15 What this part is about (1) This part states some of the basic responsibilities of park owners and home owners. (2) Other parts of the Act deal with more specific rights and responsibilities. (3) This part does not limit a park owner's, or home owner's, rights or responsibilities under this Act. 16 Home owner's responsibilities A home owner under a site agreement has the following responsibilities— (a) to use the site only as a place of residence; (b) to use the residential park's common areas only for a purpose associated with the home owner's residential use of the site; (c) not to use, or allow the home owner's tenant or guests to use, the site or residential park's common areas for an illegal purpose; (d) to comply with the home owner's obligations under section 105; (e) to pay the site rent and other charges payable by the home owner under the agreement; (f) not to intentionally or recklessly damage or destroy, or allow the home owner's tenant or guests to intentionally or recklessly damage or destroy, the residential park's communal facilities; (g) to maintain the manufactured home positioned on the site in a reasonable state of cleanliness and repair, and fit to live in; (h) otherwise, to comply with the agreement and the park rules for the residential park. Note— The responsibilities mentioned in this section are taken to be included as terms of the site agreement under section 19. 17 Park owner's responsibilities The park owner for a residential park has the following responsibilities in relation to a home owner— (a) to take reasonable steps to ensure the home owner or the home owner's tenant— (i) always has access to the home owner's site in the park; and (ii) has reasonable access to the common areas; (b) to maintain the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owner or the home owner's tenant; (c) to ensure the times the park owner or park manager is available to be contacted by the home owner or the home owner's tenant are reasonable, having regard to all the circumstances, including the utilities supplied by the park owner to the site; (d) to the extent it is within the park owner's control, to ensure the continuity of supply of a utility to the park and the site; (e) to comply with the park owner's obligations under section 104; (f) otherwise, to comply with the site agreement for the site and the park rules. Note— The responsibilities mentioned in this section are taken to be included as terms of a site agreement under section 19. Part 4 Residential parks Division 1 Preliminary 18 Definitions for part In this part— information includes a document. registered, in relation to a residential park, means registered under division 2. residential park register see section 18C(1). unregistered residential park means a residential park that is not registered. Division 2 Registration 18A Application for registration of residential park (1) The park owner for a residential park may apply to the chief executive to register the residential park. (2) The application must— (a) if there is an approved form for the application—be in the approved form; and (b) be accompanied by the fee prescribed by regulation. (3) Also, the application must include or be accompanied by the following information for the residential park— (a) the name of the park; (b) the address of the park; (c) the name of the park owner; (d) contact details for the park owner; (e) details of the land on which the sites in the park will be located; (f) details of the communal facilities, services and amenities available to home owners and other residents of the park; (g) a list of all proposed bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park; (h) a copy of the emergency plan for the park; (i) a copy of the park rules; (j) any other information prescribed by regulation. (4) The chief executive may, by notice given to the applicant, ask the applicant for further information the chief executive reasonably requires to decide the application. 18B Registration of residential park (1) The chief executive must consider the application and decide to— (a) register the residential park; or (b) refuse to register the residential park. (2) The chief executive's decision must be made within 90 days after the later of the following days— (a) the day the application is received; (b) if the chief executive asks for further information under section 18A(4)—the day the applicant gives the chief executive the further information. (3) The chief executive may register the residential park only if the chief executive is satisfied— (a) the application complies with section 18A; and (b) if the chief executive has asked for further information under section 18A(4)—the applicant has given the chief executive the further information. (4) The chief executive must, after deciding the application, promptly give the applicant notice of the decision. (5) If the decision is to refuse to register the residential park, the notice must be an information notice for the decision. Note— See sections 18P and 18Q for offences in relation to operating, and engaging in other conduct in relation to, an unregistered residential park. (6) If the chief executive fails to decide the application within the period required under subsection (2), the chief executive is taken to have refused the application. (7) If the application is taken to be refused under subsection (6), the applicant is entitled to be given an information notice by the chief executive for the decision. Division 3 Residential park register 18C Residential park register (1) The chief executive must keep a register of residential parks that are registered (the residential park register). (2) The residential park register may include the following information for each residential park that is registered— (a) the name of the park; (b) the address of the park; (c) the postal address of the park; (d) the name of the park owner; (e) contact details for the park owner; (f) the number of manufactured homes positioned on sites in the park; (g) details of the land on which the sites in the park are located; (h) details of the communal facilities, services and amenities available to home owners and other residents of the park; (i) details of all bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park; (j) a copy of the emergency plan for the park; (k) a copy of the park rules; (l) any other information prescribed by regulation. (3) The register may be kept in the way the chief executive considers appropriate, including in electronic form. (4) The chief executive may publish information included in the residential park register at the times, and in the way, decided by the chief executive. 18D Inspecting and obtaining information about residential park (1) A person may, on payment of the fee prescribed by regulation, inspect or obtain a copy of information included in the residential park register for a residential park. (2) The information may be inspected, or a copy of the information may be obtained— (a) at a place decided by the chief executive; or (b) if the register is kept in electronic form—electronically. 18E Changes in information for residential park (1) This section applies if there is a material change in any of the information for a residential park that may be included in the residential park register. (2) The park owner for the residential park must, within 28 days after becoming aware of the material change, give the chief executive notice, in the approved form, of the change unless the park owner has a reasonable excuse. Maximum penalty—100 penalty units. 18F Chief executive may require information (1) The chief executive may, by notice given to the park owner for a residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive stated information about any information for the park that may be included in the residential park register. (2) The park owner must comply with the requirement unless the park owner has a reasonable excuse. Maximum penalty—100 penalty units. Division 4 Park website and comparison document 18G Residential park website (1) The park owner for a residential park must maintain a website for the park. Maximum penalty—50 penalty units. (2) A website maintained under subsection (1) may relate to more than 1 residential park. (3) A regulation may exempt a residential park, or residential parks of a class, in stated circumstances from the requirement under subsection (1). 18H Meaning of comparison document A comparison document, for a residential park, is a document in the approved form that— (a) includes a declaration about site rent under section 70B; and (b) contains details of the following information for the residential park— (i) the communal facilities, services and amenities available in the park; (ii) the frequency of site rent increases in the park; (iii) the bases for increasing site rent in the park; (iv) the services and utilities included in the site rent; (v) any other details prescribed by regulation; and (c) is formatted in the way prescribed by regulation. 18I Requirement to prepare comparison document The park owner for a residential park must prepare a comparison document for the residential park. Maximum penalty—200 penalty units. 18J Requirement to publish comparison document If a park owner is required under section 18G to maintain a website for a residential park (the park website), the park owner must— (a) publish the comparison document for the residential park on the park website; and (b) ensure the comparison document for the residential park, or a link to the comparison document, appears prominently on the park website; and (c) ensure any advertisement on the park website for the sale of a manufactured home in the residential park— (i) states that the manufactured home is a manufactured home regulated under the Manufactured Homes (Residential Parks) Act 2003; and (ii) includes a link to the comparison document for the residential park. Maximum penalty—20 penalty units. 18K Park owner or sales person to give copy of comparison document on request (1) This section applies if a person asks either of the following persons, in writing, for a copy of the comparison document for a residential park— (a) the park owner for the residential park; (b) a person engaged in the sale or marketing of manufactured homes in the residential park. (2) The park owner, or other person, of whom a request is made under subsection (1)— (a) must, within 7 days after the request is made, give the home owner a copy of the comparison document; and (b) must not charge a fee for the comparison document that is more than the amount prescribed by regulation. Maximum penalty—10 penalty units. 18L Changes to comparison document (1) The park owner for a residential park must, immediately after becoming aware of a material change in any of the information in the comparison document for the residential park, amend the comparison document to include the correct information. Maximum penalty—50 penalty units. (2) Within 28 days after amending a comparison document under subsection (1), or updating a comparison document to include a declaration about site rent under section 70B, the park owner must give the chief executive— (a) notice of the amendment or declaration; and (b) a copy of the amended or updated comparison document. Maximum penalty—200 penalty units. Division 5 Cancelling registration 18M Cancelling registration at request of park owner (1) The park owner for a residential park may ask the chief executive, in writing, to cancel the registration of the residential park if the park owner— (a) has stopped operating the park; or (b) proposes to stop operating the park. (2) The chief executive may cancel the registration of the residential park if the chief executive is satisfied that cancelling the registration of the park is appropriate. 18N Cancelling registration on chief executive's own initiative (1) The chief executive may, by notice given under this section to the park owner for a residential park, cancel the registration of the residential park if the chief executive is satisfied the park owner— (a) has stopped operating the park; or (b) proposes to stop operating the park. (2) The chief executive must, before cancelling the registration of the residential park under this section, give the park owner a notice stating— (a) that the chief executive proposes to cancel the registration of the residential park under this section; and (b) the day (the proposed cancellation day), at least 30 days after the day the notice is given, on which the chief executive proposes to cancel the registration of the residential park; and (c) that the park owner may provide evidence to the chief executive, within the stated period ending not earlier than 14 days after the day the notice is given (the submission period), that the park owner is continuing to operate the residential park. (3) The chief executive must consider any evidence provided by the park owner within the submission period and decide to— (a) cancel the registration of the residential park; or (b) not cancel the registration of the residential park. (4) If the decision is to cancel the registration of the residential park, the chief executive must promptly give the park owner an information notice for the decision that states the day the registration of the residential park is cancelled. (5) For subsection (4), the stated day must be a day that is not earlier than— (a) the day the information notice is given to the park owner; or (b) the proposed cancellation day. (6) If the decision is not to cancel the registration of the residential park, the chief executive must give the park owner notice of the decision. 18O Updating residential park register on cancellation of registration of residential park If the registration of a residential park is cancelled under section 18M or 18N, the chief executive may record in the residential park register— (a) that the registration of the residential park has been cancelled; and (b) the date the registration was cancelled; and (c) whether the registration was cancelled at the request of the park owner or on the chief executive's initiative. Division 6 Offences relating to unregistered residential parks 18P Offence to operate unregistered residential park A person must not operate a residential park that is an unregistered residential park. Maximum penalty—540 penalty units. 18Q Offence to induce or invite person to reside in, purchase or rent in unregistered residential park (1) A person must not, in relation to a residential park the person knows, or ought reasonably to know, is an unregistered residential park— (a) induce or invite another person to do any of the following things— (i) reside in a manufactured home positioned on a site in the park; (ii) purchase a manufactured home positioned on a site in the park; (iii) enter into a site agreement in relation to land in the park; (iv) pay site rent under a site agreement in relation to land in the park; or (b) use a document, or publish an advertisement, to induce or invite another person to do a thing mentioned in paragraph (a). Maximum penalty—540 penalty units. (2) However, a person does not contravene subsection (1) if the person, or the document or advertisement, only invites expressions of interest in the residential park. (3) In this section— advertisement includes an advertisement made by publishing a statement or claim— (a) in a document, including a newspaper or magazine; or (b) by broadcast, electronic communication, telecommunication, video or film. induce includes attempt to induce. 18R Order to stop contravention of s 18P or 18Q (1) This section applies if the chief executive considers, on reasonable grounds, that a person is contravening section 18P or 18Q. (2) The chief executive may apply to the District Court for an order requiring the person to stop contravening the section. (3) The court may make any order, including an interim order, it considers appropriate. Part 5 Site agreements Division 1 General 19 Terms of site agreement include responsibilities under Act etc. The following are taken to be included as terms of a site agreement— (a) the home owner's responsibilities under section 16; (b) the park owner's responsibilities under section 17; (c) the park rules for the residential park; (d) the terms of any tribunal order in force about the agreement; (e) other duties imposed on, or entitlements given to, the park owner or home owner under this Act. 20 Standard terms (1) A regulation may prescribe terms for inclusion in a site agreement. (2) The terms prescribed for this section are the standard terms of a site agreement. 21 Special terms The special terms of a site agreement are the terms of the agreement that are not— (a) standard terms; or (b) terms taken to be included in the agreement under section 19. 22 Variation of special term (1) A special term of a site agreement may be varied at any time while the agreement is in force. (2) A variation of a special term of a site agreement is void unless it is written and signed by the parties to the agreement. (3) If a party to a site agreement (the first party) proposes a variation of a special term of the agreement and the other party does not agree to the variation, the first party may, subject to section 116, apply to the tribunal for an order under subsection (4). (4) If a party applies under subsection (3), the tribunal may make the order the tribunal considers appropriate about the proposed variation. 23 Contracting out prohibited (1) An agreement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a site agreement. (2) A person must not enter into an agreement with the intention, directly or indirectly, of defeating the operation of this Act. Maximum penalty—200 penalty units. (3) In this section— agreement includes arrangement. defeating includes evading and preventing. 24 Inconsistency (1) If a provision of this Act is inconsistent with a special term of a site agreement, the provision prevails and the term is void to the extent of the inconsistency. (2) If a standard term of a site agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency. 25 Written agreement (1) The park owner for a residential park must ensure a site agreement is written to the extent, and in the way, required by this section. Maximum penalty—200 penalty units. (2) The agreement must include the standard terms, and any special terms, of the agreement. (3) If, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included. Example of information— the names of the parties and a description of the site (4) The agreement must— (a) be easily legible; and (b) if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and (c) be written in a precise way; and (d) be clearly expressed in plain language; and (e) precisely identify the site; and (f) state each party's name and address; and (g) state a phone number, if any, of the home owner; and (h) state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and (i) state the following— (i) the site rent and other charges payable under the agreement; (ii) when the site rent and other charges are payable and how they must be paid; (iii) how and when the site rent may be varied, including that, under the Act, the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made. (j) state the maximum number of persons who may reside on the site the subject of the agreement; and (k) be signed by the parties; and (l) comply with any other requirement prescribed under a regulation. (5) The park owner must pay the costs of preparing the agreement. (6) Also, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated. Maximum penalty—20 penalty units. (7) Nothing in this section affects the enforceability of a site agreement that is not written. Note— Section 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing. 25A Plain language for special term of site agreement (1) This section applies if a home owner under a site agreement proposes that a special term of the agreement be varied because it is not clearly expressed in plain language and the park owner does not agree about the language, or proposed variation, of the special term. (2) The home owner may, subject to section 116, apply to the tribunal to consider whether the special term is not clearly expressed in plain language. (3) If the home owner applies under subsection (2) and the tribunal considers the term is not clearly expressed in plain language, it may do 1 or more of the following— (a) make an order varying the terms of the site agreement in the way the tribunal considers appropriate; (b) make an order prohibiting the park owner from using the same or a similar term in any other site agreement entered into after the order. 25B Prohibited terms of site agreements and prohibited park rules (1) A regulation may prohibit— (a) a stated type of special term in a site agreement; or (b) a stated type of park rule. (2) A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1). Maximum penalty—100 penalty units. (3) A park owner must not make a type of park rule that is prohibited under subsection (1). Maximum penalty—100 penalty units. (4) A park owner must not attempt to enforce— (a) a special term in a site agreement that is prohibited from being in a site agreement under subsection (1); or (b) a park rule of a type that is prohibited under subsection (1). Maximum penalty—100 penalty units. (5) A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1). (6) Subsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree. (7) The home owner may, subject to section 116, apply to the tribunal to consider whether part or all of the special term is void under subsection (5). (8) If a home owner applies under subsection (7), the tribunal may do 1 of the following— (a) declare that a stated term of the site agreement is void; (b) declare that a stated term of the site agreement is not void; (c) declare that a stated term of the site agreement is void to a stated extent; (d) make an order varying a stated term of the site agreement. 26 Duration of site agreement A home owner's right under a site agreement to position a manufactured home on a site continues until the agreement is terminated. 27 Successor in title of park owner A successor in title of the park owner under a site agreement obtains the benefits, and is subject to the obligations, of the park owner in relation to the agreement. 28 Notice to be given by successor in title of park owner to home owner A person must, within 14 days after becoming a successor in title of the park owner under a site agreement, give the home owner under the agreement a notice— (a) stating the person's name and business address; and (b) directing the home owner to make all future payments of site rent payable under the agreement to the person. Maximum penalty—10 penalty units. Division 2 Entering into site agreements 29 Disclosure documents to be given to prospective home owner (1) The park owner for a residential park must not enter into a site agreement for a site in the park with a prospective home owner unless the park owner has complied with subsections (2) and (3). Maximum penalty—200 penalty units. Note— For another possible consequence of not complying with this section, see section 33. (2) Subject to subsection (3), the park owner must give the prospective home owner— (a) the documents mentioned in schedule 1, part 1 (the initial disclosure documents) for the site at least 21 days before entering into the site agreement (the default notice period); and (b) the following documents (the supplementary disclosure documents) for the site at least 14 days before entering into the site agreement (also the default notice period)— (i) the documents mentioned in schedule 1, part 2; (ii) 2 copies of a proposed site agreement. (3) If, under section 29A, the prospective home owner waives the right to be given the initial disclosure documents and the right to be given the supplementary disclosure documents for the site in the default notice period, the park owner must give the prospective home owner the documents at least 7 days before entering into the site agreement. 29A Waiver of disclosure of documents in default notice period (1) The prospective home owner may, by notice to the park owner, waive the right under section 29(2)(a) to be given the initial disclosure documents and the right under section 29(2)(b) to be given the supplementary disclosure documents for the site in the default notice period. (2) The notice must— (a) if there is an approved form for the notice—be in the approved form; and (b) state that the prospective home owner— (i) has obtained independent legal advice from a Queensland lawyer about entering into the site agreement for the site; and (ii) agrees to receive the initial disclosure documents less than 21 days but at least 7 days, and the supplementary disclosure documents less than 14 days but at least 7 days, before entering into the site agreement; and (c) be signed by the lawyer and include the lawyer's name and contact details and the date the legal advice was given. 30 Obtaining independent legal advice about site agreement The park owner for a residential park must not, at any time, restrict a person's right to obtain independent legal advice about a site agreement, including independent legal advice mentioned in section 29A(2)(b)(i). Maximum penalty—100 penalty units. 31 Home owner's copy of site agreement (1) This section applies if the park owner for a residential park— (a) has received 2 copies of a proposed site agreement for a site, signed by a prospective home owner for the site; and (b) has signed both copies. (2) The park owner must, within 10 days after signing both copies, return a copy to the other party to the agreement. Maximum penalty—100 penalty units. Part 6 Termination of site agreements Division 1 Introduction 32 No other way of terminating site agreement A site agreement may be terminated only under this part or part 8. Division 2 Termination within cooling-off period 33 Cooling-off period (1) This section applies if the park owner for a residential park and a prospective home owner for a site enter into a site agreement for the site. (2) The home owner may, within the cooling-off period, terminate the site agreement by giving a signed notice of the termination to— (a) the park owner; and (b) if the home owner has granted a person a security interest in the manufactured home positioned on the site—that person. (3) The notice must state the day, within 28 days after the notice is given, the termination is effective (the termination day). (4) The home owner may terminate the agreement under subsection (2) even though— (a) the home owner has affirmed the agreement; and (b) the agreement has been fully executed. (5) If the agreement is terminated under subsection (2), the home owner is not liable to pay any amount otherwise payable under the agreement by the home owner to the park owner. (6) If the agreement is terminated under subsection (2), the park owner must, within 14 days after the termination day, refund any amount received under the agreement from the home owner. Maximum penalty—100 penalty units. (7) An amount payable to the home owner under subsection (6) is recoverable as a debt. (8) In this section— cooling-off period means the following period after the day the last person signed the site agreement— (a) if the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29—28 days; (b) otherwise—7 days. 34 Automatic ending of sale agreement (1) This section applies in relation to a site agreement if— (a) in conjunction with the agreement, the parties to the agreement enter into an agreement (the sale agreement) for the sale of a manufactured home positioned on the site; and (b) the home owner terminates the site agreement under section 33. (2) The sale agreement is taken to be at an end on the day the termination of the site agreement is effective. (3) Also, on the ending of the sale agreement under subsection (2), ownership of the home reverts to the park owner. (4) Subsections (2) and (3) apply even though— (a) the home owner has affirmed the sale agreement; and (b) the sale agreement has been fully executed. (4A) Subsection (4B) applies if the home owner has granted a person (a financier) a security interest in the home and the financier has been given notice of the termination of the site agreement under section 33(2) or otherwise knows about the termination. (4B) The financier must, within 7 days after the ending of the sale agreement under subsection (2), give the park owner a notice stating the amount owing under the security interest. (5) The park owner must, within the refund period, pay the refundable amount as follows— (a) first, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest; (b) second, in payment of any balance to the home owner. Maximum penalty—100 penalty units. (5A) For subsection (5)(a), the amount owing under the security interest is the amount stated in a notice given by the financier to the park owner. (6) A term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of subsection (5). (7) In this section— refundable amount means the total of the following— (a) the amount paid to the park owner, or at the park owner's direction, under the sale agreement; (b) if the park owner did not give the home owner the disclosure documents for the site as required under section 29—the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement. refund period means the period— (a) if subsection (5)(a) applies, starting— (i) when the financier gives the park owner the notice as required under subsection (4B); or (ii) 7 days after the ending of the sale agreement under subsection (2); and (b) ending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2). 35 Compensation may be payable to home owner (1) This section applies if— (a) the home owner under a site agreement terminates the agreement under section 33; and (b) the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29; and (c) the home owner removes the manufactured home positioned by the home owner on the site from the site and relocates it to another place; and (d) the home owner and park owner do not agree about compensation payable to the home owner for the removal and relocation of the home. (2) The home owner may, subject to section 116, apply to the tribunal for an order under subsection (3). (3) On application by the home owner, the tribunal may make an order (the compensation order) that the park owner pay the home owner an amount of compensation to cover the reasonable costs of removing the home from the site and relocating it to another place. (4) The application must be made within 6 months after the termination of the agreement is effective. (5) In making the compensation order, the tribunal may have regard to the following— (a) the costs of removing the home from the site; (b) the costs of transporting the home and the home owner's personal effects to the other location; (c) the costs of positioning the home at the other location; (d) the costs of repairing any damage to the home arising from its removal and relocation; (e) whether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation. (6) In making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (5)(b)— (a) if the distance of transport was less than 300km—relating to the actual distance of transport; or (b) if the distance of transport was 300km or more—relating to a distance of transport of 300km. (7) The compensation order must not be for an amount that is more than the market value of the home. (8) In conjunction with the compensation order, the tribunal may make any other order the tribunal considers appropriate. Division 3 Termination of site agreement in other circumstances 35A Definitions for division In this division— compensation order see section 39C(2). termination day see section 39A(1). termination order see sections 38(1) and 39(3). 36 Termination of site agreement by agreement between home owner and park owner (1) The parties to a site agreement may agree, in the approved form, to terminate the site agreement. (2) If a site agreement is terminated under subsection (1), the home owner must give the park owner vacant possession of the site on or before the day it is agreed by the parties the termination is effective. (3) The park owner under a site agreement must not coerce, or attempt to coerce, the home owner to agree to terminate the agreement under subsection (1). Maximum penalty—200 penalty units. (4) A park owner must not— (a) enter into a prohibited agreement; or (b) vary a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement. Maximum penalty—200 penalty units. (5) A prohibited agreement is void. (6) A variation of a site agreement as mentioned in subsection (4)(b) is void. 37 Termination of site agreement by home owner (1) The home owner under a site agreement may terminate the agreement by notice, in the approved form, given to the park owner. (2) The notice must state the day, not later than 28 days after the notice is given, the agreement is terminated. (3) The home owner must give the park owner vacant possession of the site on or before the stated day. 38 Termination of site agreement by tribunal—conduct of home owner etc. (1) On application by the park owner under a site agreement, the tribunal may make an order (a termination order) terminating the agreement on any of the following grounds— (a) the home owner— (i) has contravened a term of the agreement; and (ii) has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given; (b) the home owner has assaulted a person who was lawfully in the residential park; (c) the home owner has wilfully destroyed property, other than the home owner's property, on the residential park or site; (d) the home owner is using the site other than as a place of residence; Example of the home owner using the site as a place of residence— the home owner using the site as rental accommodation (e) the home owner, or the home owner's tenant or guest— (i) repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park's residents; and (ii) continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour. (2) In this section— assault includes threaten to assault, procure someone else to assault and attempt to assault. 39 Termination of site agreement by tribunal—residential park land to be used for other purpose (1) The park owner for a residential park may apply to the tribunal to terminate a site agreement on the ground the park owner wishes to use the residential park land, or a part of the residential park in which the site is located, for another purpose stated in the application (the stated purpose). (2) The application must be accompanied by a document certified by the local government for the local government area in which the residential park is situated stating it is lawful for the residential park land, or a part of the residential park in which the site is located, to be used for the stated purpose. (3) On application by the park owner under this section, the tribunal may make an order (a termination order) terminating the site agreement. 39A Termination day for termination order (1) A termination order in relation to a site agreement must state the day (the termination day) the termination of the site agreement is effective. (2) The termination day must be a day, not later than 1 year after the day the termination order is made, that the tribunal considers just and equitable in the circumstances. Examples of circumstances for subsection (2)— • the home owner's personal and financial circumstances, including the home owner's health, age and mobility • the availability and location of alternative accommodation at a similar cost • the financial effect on the park owner of deferring the termination day 39B Termination order must include order for vacant possession of site or transfer of manufactured home (1) A termination order in relation to a site agreement under which a manufactured home is positioned on the site must include 1 of the following orders— (a) an order requiring the home owner to give the park owner vacant possession of the site on or before the termination day; (b) an order requiring the home owner to do both of the following on or before the termination day— (i) transfer ownership of the manufactured home to the park owner; (ii) give vacant possession of the manufactured home to the park owner. (2) However, an order under subsection (1)(b) may be made only with the consent of the home owner. (3) In deciding whether to make an order under subsection (1)(a) or (b), the tribunal must consider the following matters— (a) the cost and practicality of relocating the manufactured home to another location; (b) submissions by the home owner about whether the home owner intends to relocate the manufactured home to another location; (c) submissions by the park owner and the home owner about whether the manufactured home should be resold in the residential park; (d) the availability of alternative locations to position the manufactured home within a reasonable distance from the residential park; (e) the condition and saleability of the manufactured home, and the likelihood of the manufactured home being resold in the residential park; (f) the amount paid by the home owner for the manufactured home, and the amount of any reduction in the value of the home if the home owner is required to give vacant possession of the site; (g) what the tribunal considers to be fair and reasonable in the circumstances. (4) The tribunal may make any other order the tribunal considers appropriate. 39C Compensation order (1) This section applies if the tribunal makes a termination order under section 38 or 39 in relation to a site agreement. (2) The tribunal may, as well as making the termination order, make an order (a compensation order) that the park owner pay the home owner compensation in relation to the termination of the site agreement. (3) The tribunal may have regard to the matters mentioned in subsection (4) or (5) in making the compensation order. (4) If the termination order includes an order under section 39B(1)(a), the matters are as follows— (a) the estimated costs of dismantling the manufactured home from the site; (b) the estimated costs of transporting the manufactured home and the home owner's personal effects to another location; (c) the estimated costs of positioning the manufactured home at another location; (d) the amount the home owner paid for the manufactured home; (e) the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site; (f) whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; (g) the amount of any arrears in site rent owed by the home owner under the site agreement; (h) what the tribunal considers is otherwise fair and reasonable in the circumstances; (i) anything else the tribunal considers relevant. (5) If the termination order includes an order under section 39B(1)(b), the matters are as follows— (a) the amount the home owner paid for the manufactured home; (b) the market value of the manufactured home if it is sold on site and the residential park remains operational; (c) whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; (d) if the termination order is made under section 38—the likely time and expense for the park owner to resell the home; (e) what the tribunal considers is otherwise fair and reasonable in the circumstances; (f) anything else the tribunal considers relevant. (6) The maximum distance for which transport costs mentioned in subsection (4)(b) may be allowed in the compensation order is the lesser of— (a) the estimated distance of the transport; or (b) 300km. 39D Compensation amount recoverable as debt The amount payable to a home owner under a compensation order is recoverable as a debt. 39E Appointment of valuer for making compensation order (1) For the purposes of making a compensation order, the tribunal may appoint an appropriately qualified and independent registered valuer to assist the tribunal to decide the market value of a manufactured home positioned on a site in a residential park. (2) If the tribunal appoints a valuer under subsection (1), the park owner must pay the valuer's costs of assisting the tribunal, including— (a) the costs of preparing any written valuation required by the tribunal; and (b) the fees and allowances for giving evidence, if required, in a proceeding. (3) However, subsection (2) applies only if, before appointing the valuer, the tribunal— (a) informs the park owner of the amount the park owner is likely to be required to pay under subsection (2); and (b) gives the park owner the opportunity to be heard on the matter of appointing the valuer. 40 [Repealed] 40A Other orders (1) This section applies if the tribunal makes a termination order under section 39 in relation to a site agreement. (2) With the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home. (3) However, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available. (4) If the tribunal makes an order under subsection (2), the tribunal— (a) must make an order varying the site agreement to identify the comparable site; and (b) may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site. (5) Subsection (2) does not prevent a compensation order being made in favour of the home owner. 40B Extension of period for complying with termination order (1) This section applies if the tribunal has made a termination order in relation to a site agreement. (2) The home owner may apply to the tribunal, before the termination day, for an order extending— (a) the period for complying with an order made under section 39B(1)(a) or (b); or (b) the period for complying with another order made by the tribunal in the termination order. (3) On the making of an application under subsection (2), the termination order is suspended until the application is decided. (4) The tribunal may— (a) extend the period mentioned in subsection (2)(a) or (b) by the period (the extension period) the tribunal considers reasonable; and (b) make any other order the tribunal considers appropriate. (5) If the tribunal makes an order under subsection (4)(a), the termination day under the termination order is taken to be changed to the last day of the extension period. 41 Apportioning payments on termination of site agreement (1) If a site agreement is terminated under this division, the home owner is not liable to pay to the park owner a part of a payment payable under the agreement that relates to a period after the day the termination is effective. (2) If a site agreement is terminated under this division, the park owner must, within 14 days after the termination is effective, refund to the home owner a part of any payment received under the agreement from the home owner that relates to a period after the day the termination is effective. Maximum penalty—100 penalty units. (3) An amount payable to the home owner under subsection (2) is recoverable as a debt. Part 7 Assignment of home owner's interest in site agreement Division 1 Introduction 42 Application of pt 7 This part applies if the home owner for a site in a residential park (the seller) on which a manufactured home is positioned proposes— (a) to sell the home to a person (the buyer); and (b) to assign the seller's interest in the site agreement for the site (the seller's interest) to the buyer. 43 Hinder proposed assignment (1) The park owner under the agreement must not hinder the proposed assignment of the seller's interest. Maximum penalty—100 penalty units. (2) The park owner does not contravene subsection (1) if, under this part, the park owner reasonably refuses to consent to a proposed assignment of the seller's interest. Division 2 Requirements for assignment of seller's interest 44 Assignment only by assignment agreement (1) The seller may assign the seller's interest to the buyer only by written agreement (the assignment agreement) with the buyer. (2) A term in the assignment agreement is void to the extent it purports to exclude, change or restrict the operation of section 46, 47, 48, 48A or 51A. 45 Notice of proposed sale and assignment The seller must give the park owner notice, in the approved form, of the proposed assignment of the seller's interest. 45A Disclosure documents to be given to buyer (1) The park owner for a residential park must, within 7 days after receiving the notice mentioned in section 45, give the documents mentioned in schedule 1 for the site to the buyer. Maximum penalty—20 penalty units. Note— See also section 48A under which the park owner is required to give the disclosure documents for the site to the buyer within a stated period before consenting to the assignment of the seller's interest. (2) To remove any doubt, it is declared subsection (1) applies even if the park owner intends to refuse, or refuses, to consent to the proposed assignment of the seller's interest. 46 Obtaining independent legal advice about assignment of seller's interest The park owner or seller must not restrict the buyer's right to obtain independent legal advice about the assignment of the seller's interest, including independent legal advice mentioned in section 48B(2)(b)(i). Maximum penalty—100 penalty units. 47 Form of assignment (1) The assignment of the seller's interest must be in the approved form (the form of assignment). (2) The seller and buyer must each sign 2 copies of the form of assignment. 48 Park owner's consent required (1) The assignment of the seller's interest is not effective unless the park owner has consented to the assignment. (2) The park owner may give the consent only by signing both copies of the form of assignment. 48A Buyer to be given disclosure documents before park owner consents The park owner must not consent to the assignment of the seller's interest to the buyer unless the park owner has given the buyer the disclosure documents for the site— (a) at least 21 days before giving the consent (the default notice period); or (b) if under section 48B the buyer waives the right to be given the disclosure documents in the default notice period—at least 7 days before giving the consent. Maximum penalty—200 penalty units. Note— For another possible consequence of not complying with this section, see section 51A. 48B Waiver of disclosure of documents in default notice period (1) The buyer may, by notice to the park owner, waive the right under section 48A to be given the disclosure documents for the site in the default notice period. (2) The notice must— (a) if there is an approved form for the notice—be in the approved form; and (b) state that the buy