Manufactured Homes

Expertise in the legalities of owning and operating caravan, tourist and manufactured home parks.

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Manufactured home parks offer Australia’s population an affordable alternative in residential accommodation. With a sophisticated understanding of property market trends in Queensland and across Australia, HopgoodGanim has significant expertise in the legal requirements and legislative boundaries specific to the manufactured homes sector.

Our manufactured homes experts provide detailed and commercial advice to all stakeholders in the sector (including park owners and managers, land owners and industry representative bodies) on the legalities of developing, owning and operating a caravan/tourist park or a manufactured home park.

We were responsible for drafting the initial site agreement documentation for the Caravan Parks Association of Queensland and its members when the industry was first the subject of significant regulation under the Manufactured Homes (Residential Parks) Act 2003, as well as preparing submissions to the Queensland Government on behalf of the Association before that legislation received assent. Since then, we have advised the large majority of manufactured home park owners and operators in South East Queensland on their legal responsibilities.

A full service law firm, we provide tailored and commercial advice to help you not only run your park - but also build a strong, successful business.

Areas of expertise

  • Drafting site agreements and park rules 
  • Drafting contracts for the sale of manufactured homes
  • Implementing site rent increases 
  • Recovering utility costs 
  • Drafting agreements to comply with competition and consumer protection laws 
  • Planning, development and environmental compliance and dispute resolution 
  • Buying and selling caravan/tourist parks and manufactured home parks 
  • Litigation and dispute resolution for disputes with regulatory authorities, home owners and tenants 
  • Infringement matters the subject of investigation by the Office of Fair Trading 
  • Tax obligations and exemptions, including obtaining exemptions under the Land Tax Act 
  • Employment law, including age discrimination exemptions 
  • Estate planning and business succession issues for park owners
  • Advising Ingenia Communities Group in their extensive due diligence enquiries and subsequent acquisition of manufactured home parks at Chambers Flat and Tewantin for the continued operation and further development of their first manufactured home parks in Queensland.
  • Advising the Caravan Parks Association of Queensland on the Manufactured Homes (Residential Parks) Amendment Bill introduced to Parliament in June 2010, including advising on the contents and progress of the Bill and making detailed submissions (both before and after the Bill was released) to the Office of Fair Trading and the Scrutiny of Legislation Parliamentary Committee. 
  • Advising on the sale and purchase of numerous manufactured home parks. 
  • Acting for park operators to successfully apply for continuing exemptions from land tax. 
  • Advising park owners on employment law matters, including drafting workplace agreements, arrangements with live-in workers, unfair dismissals, managing workplace disputes and complying with the Fair Work Act. 
  • Advising park owners on drafting site agreements, notifying market site rent increases and recovering utility costs, as well as advising on Tribunal proceedings concerning these issues. 
  • Advising park owners on drafting contracts for the sale of manufactured homes, for the sale of a new home (by a park owner) and also for subsequent sales (by a home owner).
  • Acting for a park owner to successfully appeal a decision of the Commercial and Consumer Tribunal to the District Court of Queensland. 
  • Acting in litigation brought by a home owner who disputed the park owner’s decision to refuse consent for the assignment of their site agreement. We successfully appealed the decision to the Queensland Court of Appeal. 
  • Advising park owners on their obligations when a home owner or resident dies, loses capacity or becomes seriously ill.