Legislation update

First stage of manufactured homes amendments to commence on 31 October 2018

By Anthony Pitt / 16 October 2018

The first stage of the manufactured homes amendments introduced by the Housing Legislation (Building Better Futures) Amendment Act 2017 will commence on 31 October 2018.  

Park owners will recall that only the new behavioural standards for park owners and home owners commenced on assent (10 November 2017); and that the balance of the amendments would commence in two stages.  

The first stage of amendments that commences on 31 October 2018 concerns site rent increases, dispute resolution, emergency and visitor access, limitations on utility charging, and home owners committees.  

Specifically, these amendments are as follows:

  • Section 9 - amendment to Objects of the Act
  • Section 12 - amendment of site agreement dispute
  • Sections 16-18 - special terms 
  • Section 24(3)-(6) - to the extent it introduces the new dispute resolution procedures 
  • Section 30 - assignment 
  • Sections 33-36 - site rent increases 
  • Section 37 - site rent decreases  
  • Sections 38-39 - utility costs in site rent 
  • Sections 40-42 - park rules 
  • Sections 44-45 - access to park  
  • Section 46 - noticeboard 
  • Section 47 - trees 
  • Section 48 - alteration or addition to home 
  • Section 49 - charges for utilities  
  • Sections 50-52 - home owners committee  
  • Section 53 - to the extent that it inserts the new dispute resolution provisions in part 17 of the Act 
  • Section 54 - site agreement dispute 
  • Section 55 - applications by a group of home owners 
  • Section 56 - to the extent that it inserts transitional sections 176 and 181-185 into the Act that are relevant to the provisions that are commencing
  • Section 58 - to the extent it inserts into the dictionary certain definitions that are contained in the provisions that are commencing 

Park owners should familiarise themselves with the new provisions moving forward so that they are complied with from 31 October 2018.  

Should park owners require any more information or advice with respect to the new amendments and what they mean for the operation of your park, please contact HopgoodGanim Lawyers’ Special Counsel, Anthony Pitt, of our Manufactured Homes team.  

Anthony Pitt
Special Counsel
Anthony is a Special Counsel in our Dispute Resolution practice who specialises in property-related litigation for his client base of property owners and developers, landlords, manufactured home park owners and bodies corporate.
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