Last updated 11 August 2016
The Manufactured Homes (Residential Parks) Act 2003 (Qld) (Manufactured Homes Act) provides that a site agreement is one that provides for the use and enjoyment of a site, but it does not specify the type of tenure the homeowner receives when they take up residence in a mobile home park.
The Manufactured Homes Act provides that a site agreement will continue where there is a transfer of ownership from park owner to park owner or until the site agreement is terminated (ss 26–27). The Manufactured Homes Act provides that a site agreement can be terminated by a homeowner but also by the park owner on application to the Queensland Civil and Administrative Tribunal (QCAT) (ss 37–38).
It is an offence for a park owner to coerce or attempt to coerce a homeowner to agree to terminate the site agreement. A site agreement will continue where a purchaser purchases a homeowner’s interest in the home park, but only where the assignment of a homeowner’s interest under the site agreement is in writing and the park owner has consented (s 48 Manufactured Homes Act).
The Manufactured Homes Act also sets out many grounds upon which an application can be made by the park owner to QCAT for a termination order including that the park owner wishes to use the park for another purpose (s 38).