ARPRA.org.au | Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS

"I have a residential site agreement issued under the Residential Parks Act 1998. If my community operator asks me to sign a new agreement after November 1st 2015, what should I do?"

There is no requirement for you to enter into a new site agreement. Your current site agreement continues on regardless of the new legislation.

If you wish to enter into a new agreement, seek advice first.

If you currently have no physical copy of your site agreement, you are deemed to have one under law.

"My park owner has issued a rent increase notice before the new legislation starts. Which legislation would the rent increase be dealt under if I apply to the Tribunal?"

If you have already received a rent increase notice and have already lodged an application to the Tribunal, your matter will be dealt with by the Residential Parks Act 1998.

If your park owner has issued a rent increase notice and you apply to the Tribunal on or after November 1st 2015, your matter will be dealt with under the Residential (Land Lease) Communities Act 2013.

"I have an order from the Tribunal that was made prior to the Residential (Land Lease) Communities Act 2013 starting. Which Act applies to those orders after the start of the new legislation?"

Any order made in the Tribunal prior to the new legislation starting shall still be in force after the new legislation starts and will continue to be in force for the duration of the order despite the old legislation being repealed.

"I have a movable dwelling agreement or a NPWS Agreement issued under the Residential Parks Act 1998. What happens to my agreement once the new legislation starts?"

After commencement of the Residential (Land Lease) Communities Act 2013, it is taken that your prior agreement will become a Residential Site Agreement between the home owner and the community operator. Excluded agreements are those in which the resident rents both the home and site, and these agreements will be a Residential Tenancies Agreement under the Residential Tenancies Act 2010.

"I’m selling my home. Does the new legislation affect the sale?"

No. The new legislation has no effect on your ability to continue to sell your home.

"I am on the Liaison Committee. What happens to the Committee after the new legislation begins?"

If there is only a Liaison Committee in the community, then that Liaison Committee will become a Residents Committee, and any representatives from the community owner on that committee shall not be able to continue as part of that committee.

If there is only a Residents Committee, then there will be no change.

If there is a Residents Committee and a Liaison Committee, then the Liaison Committee shall be dissolved.

"I noticed there are some new fees and charges that may be applicable under the new legislation. Can my community owner charge those retrospectively?"

No. Any new charges that may be permitted under the Residential (Land Lease) Communities Act 2013 cannot be charged to an agreement made before the commencement of the new legislation.

Further, any outstanding utilities charges that have not been paid at the commencement of the new legislation cannot be charged a late fee.

"What happens to the park rules after the new legislation begins?"

Any park rules that have been made under the Residential Parks Act 1998 will be known as Community Rules under the Residential (Land Lease) Communities Act 2013 and will remain valid.

Importantly, any park rule that formed part of your agreement under the old Act will be taken to no longer be terms of the agreement under the new legislation.