Park rules
What are the rules about park rules?
The park owner may make park rules about the use, enjoyment, control and management of the park. All park rules must be in writing, and the law requires the park owner to give you a copy of any park rules at or before the time you sign the Agreement.
Park rules may be about:
- noise limits
- motor vehicle speed limits within the park
- parking
- garbage disposal
- pets
- playing games and other sporting activities
- the use and operation of park facilities
- maintenance standards for a home you own yourself
- reasonable landscaping rules for the site
- waste recycling
- safety of persons and property within the park
- storage and repair of motor vehicles, boats and trailers
- means of transportation within the park.
Important. Park rules form part of the Agreement. Like any other additional terms they must not conflict with the standard terms of the Agreement or residential park laws.
Top of pageCan a park owner change a park rule and what rights do residents have?
From time to time, the park owner may wish to change the park rules by, for example, adding one, amending an existing rule or deleting it altogether. The proposed change should first go to the Park Liaison Committee. It is in the owner's interest to consult with residents before giving notice about any change to the park rules.
The park owner must give the residents written notice of any proposed park rule change. The change can take effect only if the following notice is given:
- 7 days written notice if the change to the park rule affects the recreational facilities such as a pool or tennis court
- 60 days written notice if the change affects any other park rules.
How can residents dispute a park rule change?
A park rule change may be disputed by a resident of the park concerned by making an application to the Consumer, Trader and Tenancy Tribunal within 30 days after receiving notice of the park rule change or new rule.
How can residents get individual mail facilities?
If a majority of the permanent residents agree that they want individual mail facilities, they can make a request to the park owner. The park owner must then install the mail boxes in a central location in accordance with Australia Post requirements.
The Commissioner for Fair Trading has published Guidelines relating to the process to request the installation of individual mail facilities. These Guidelines are not mandatory and may be varied to suit individual park circumstances. They have been prepared after consultation with the relevant interest groups. The Commissioner’s guidelines on individual mail facilities are available from Fair Trading Centres.
Who pays for individual mail boxes and how secure must they be?
The park owner may pass on the cost of buying and installing the mail boxes to residents with a one-off charge. The park owner is responsible for the cost of maintaining the mail facilities.
The mail boxes must allow the fitting of individual locks by residents. It is an offence for park owners to interfere or gain access to private mail boxes without the prior consent of the resident.
How are disputes about mail facilities resolved?
The Tribunal can deal with disputes relating to individual mail facilitites including disputes about the reasonableness of the one off fee, replacement keys and the replacement or repair of locks.