QLDIn ForceAct
Manufactured Homes (Residential Parks) Act 2003
sec.104Park owner to respect rights of home owners and other residents
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### sec.104 Park owner to respect rights of home owners and other residents
The park owner for a residential park must respect the rights of home owners and other residents of the park.
Without limiting subsection (1) , the park owner—
must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and
must take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and
must use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and
must not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and
must not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and
must, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent ), give the correspondent a complete response to the relevant correspondence.
However, if under subsection (2) (f) , the park owner gives a correspondent a complete response to relevant correspondence (the previous response ), the park owner is not required to give the correspondent another complete response addressing the same, or substantially the same, complaint, proposal or question addressed in the previous response.
In this section—
complete response , to relevant correspondence, means a written response addressing each complaint, proposal and question in the relevant correspondence.
relevant correspondence means a written complaint, proposal or question about the operation of the park.
representative , of a home owner or other resident, means an entity—
established to represent the interests of the home owner, resident or home owners and residents generally; and
that is authorised by the home owner or resident to give relevant correspondence to the park owner.
s 104 prev s 104 om 2014 No. 8 s 134
pres s 104 ins 2017 No. 42 s 53
(sec.104-ssec.1) The park owner for a residential park must respect the rights of home owners and other residents of the park.
(sec.104-ssec.2) Without limiting subsection (1) , the park owner— must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and must take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and must use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and must not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and must not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and must, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent ), give the correspondent a complete response to the relevant correspondence.
(sec.104-ssec.3) However, if under subsection (2) (f) , the park owner gives a correspondent a complete response to relevant correspondence (the previous response ), the park owner is not required to give the correspondent another complete response addressing the same, or substantially the same, complaint, proposal or question addressed in the previous response.
(sec.104-ssec.4) In this section— complete response , to relevant correspondence, means a written response addressing each complaint, proposal and question in the relevant correspondence. relevant correspondence means a written complaint, proposal or question about the operation of the park. representative , of a home owner or other resident, means an entity— established to represent the interests of the home owner, resident or home owners and residents generally; and that is authorised by the home owner or resident to give relevant correspondence to the park owner.
- (a) must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and
- (b) must take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and
- (c) must use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and
- (d) must not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and
- (e) must not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and
- (f) must, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent ), give the correspondent a complete response to the relevant correspondence.
- (a) established to represent the interests of the home owner, resident or home owners and residents generally; and
- (b) that is authorised by the home owner or resident to give relevant correspondence to the park owner.