Before signing up
Before your tenancy begins, it is important to be clear about your rights and obligations. The laws are designed to ensure that both you and the park owner know what to expect from each other right from the start. Making the rules clear from day one helps to avoid disputes down the track.
What paperwork is necessary before you sign up?
Before you sign an Agreement, the park owner must give you the following items:
An Agreement which includes a premises or site condition report. The terms of the Agreement and the condition report must be already filled out by the park owner, so you may read it and seek advice before signing.
- A copy of the Residential Park Living booklet
- A list of park rules
- A list of all fees and charges (eg. entry costs) that you will have to pay upon signing the Agreement, and
- The answers to a set of questions listed below
- A document explaining that the occupation involves a tenancy which may come to an end at some time in the future.
Important: If any of these items are not provided, you should first approach the park owner. Do not sign the Agreement until you have received each of the above items. If there is something you don't understand, you should seek help.
You should make sure that you have the right kind of Agreement for your tenancy. Before you sign, read thoroughly the terms and conditions of the Agreement.
Disclosing false or misleading information to incoming or existing residents is an offence and carries a maximum penalty of $2,200. Any advertising material directed to prospective park residents must spell out the tenancy nature of the arrangement and the fact that there are no perpetual occupation rights.
Questions and answers you must be given
The purpose of these questions and answers is to highlight important details for you as a prospective park resident. It enables you to make a quick comparison between what is being offered by a number of residential parks in the area you want to live.
Before you enter into either a Residential Site Agreement or Moveable Dwelling Agreement, the park owner must give you written questions and answers about the following:
1. What restrictions are there about:
- having someone else live in the premises
- having visitors, including overnight or short-stay guests
-
car parking
- pets
- other?
2. Are there any restrictions on the type of home I might like to put in the park?
3. What can I put on the site besides my home, eg. carport or garden shed? The answer to this should take into account:
- what the owner allows
- what the local council allows
- what the Local Government Regulations allow
4. If the park is sold, what protection do I have?
5. Will I have to pay any additional charges and, if so, what are they?
6. If I wish to sell my home at a later date, will there be any restrictions on the sale process, in particular any prohibition on sale?
7. Is the park currently authorised under the Local Government Act and, if so, are there any restrictions?
8. What facilities are available for the delivery of my mail?
9. Are there any restrictions on the use of common facilities? If so, what hours are they available and who may use them? Are there any other restrictions on the use of these facilities?
10. Is the park owner aware of any arrangement or restriction on the use of the park by the owner or resident either now or in the future?
11. What is the size of the relevant residential site?
12. Has any development application been made during the past 5 years under the Environmental Planning and Assessment Act 1979 for the redevelopment of the park or for a change of use of the land on which the park is situated?
13. Have notices of termination been given to any residents during the past 12 months in connection with any proposed redevelopment of the park or any proposed change of use of the land on which the park is situated?
14. Would the park owner be prepared to buy the resident’s moveable dwelling if the resident were to decide to live elsewhere?
15. Is the park situated within a Crown reserve or a National Parks and Wildlife reserve?
16. What arrangements exist for the supply of energy to the residential site, and at what cost to the resident will energy be supplied?
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