This regulation may be cited as the Manufactured Homes (Residential Parks) Regulation 2017.
(1)This regulation, other than section 3, commences on 1 September 2017.(2)Section 3 commences on 1 October 2017.
3Particular types of special terms prohibited in site agreements—Act, s 25B
For section 25B(1)(a) of the Act, the types of special terms that are prohibited are special terms that—(a)calculate site rent increases in a misleading way; ora special term that states that a rental increase is calculated in accordance with the consumer price index, but the rental increase includes an additional charge(b)require a home owner to pay other charges but does not fully explain the charges; or(c)require a home owner to gain the consent of the park owner before the home owner complies with a requirement under law; or(d)state that if the seller assigns the seller’s interest in a site agreement to a buyer, the site agreement between the seller and the park owner does not end until the buyer enters into a site agreement with the park owner; or(e)require the home owner to give a current building inspection certificate to the park owner; or(f)restrict or prohibit an alteration to the home that is not visible from the outside of the home; or(g)allow the park owner to consent to the alteration to the exterior of a home or addition to the home in a way that is contrary to section 98 of the Act; or(h)require the home owner to indemnify the park owner and the park owner’s employees, contractors or agents for loss that was not caused by the home owner, a guest of a home owner, or a home owner’s contractors or agents; or(i)give the park owner either of the following rights, however described—(i)a right to buy a home before another person may be offered the home;(ii)a right to make a final offer to buy a home after all other offers have been made to buy the home; or(j)state site rent will not be reduced if there is a decrease or reduction in the standards, amenity or community facilities or services, including if—(i)there is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72(1)(a) of the Act; or(ii)a communal facility or services mentioned in section 72(1)(b) of the Act has been withdrawn; or(iii)a communal facility or services mentioned in section 72(1)(c) of the Act has not been provided; or(k)state that the park owner does not warrant that the site is suitable for use as the site of a manufactured home; or(l)state that the park owner may exclude a person from the residential park without having reasonable grounds for the exclusion; or(m)appoint, or require the home owner to appoint, the park owner as an attorney for the home owner; or(n)state that the seller is liable for the actions of a buyer after the seller assigns the seller’s interest to the buyer; or(o)state that referring to the site agreement is a sufficient way to explain how an increase in site rent is calculated for the Act; or(p)purport to exclude legislation from affecting the site agreement, unless the legislation provides that it may be excluded; or(q)impose a monetary penalty on a home owner if the home owner breaches the site agreement; or(r)remove a park owner’s liability for negligence or a breach of a contractual duty of care if the negligence or breach is caused by an act or omission of the park owner or the park owner’s employees, contractors or agents; or(s)prohibit or prevent the park owner from reducing the site rent for any reason.
4Maximum fee under selling authority—Act, s 61
For section 61 of the Act, the prescribed amount is—(a)if the sale price of the manufactured home is not more than $18,000—5% of the sale price; or(b)if the sale price of the manufactured home is more than $18,000—$900 plus 2.5% of the part of the sale price over $18,000.
5Manufactured Homes (Residential Parks) Regulation 2003 references
A reference in any document to the Manufactured Homes (Residential Parks) Regulation 2003 may, if the context permits, be taken to be a reference to this regulation.