sec.25Requirements for site agreement

### sec.25 Requirements for site agreement The park owner for a residential park must ensure a site agreement— is written to the extent, and in the way, required by this section; and is in the approved form. Maximum penalty—200 penalty units. The agreement must include the standard terms, and any special terms, of the agreement. If, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included. the names of the parties and a description of the site The agreement must— be easily legible; and if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and be written in a precise way; and be clearly expressed in plain language; and precisely identify the site; and state each party’s name and address; and state a phone number, if any, of the home owner; and state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and state the following— the site rent and other charges payable under the agreement; when the site rent and other charges are payable and how they must be paid; how and when the site rent may be varied, including that, under the Act , the tribunal may— make an order increasing the site rent on application by the park owner; or make an order reducing the site rent on application by the home owner; and Part 11 (Varying site rent) states the circumstances in which the orders may be made. state the maximum number of persons who may reside on the site the subject of the agreement; and be signed by the parties; and comply with any other requirement prescribed under a regulation. The park owner must pay the costs of preparing the agreement. Also, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated. Maximum penalty—20 penalty units. Nothing in this section affects the enforceability of a site agreement that is not written. Section 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing. s 25 amd 2010 No. 46 s 9 ; 2024 No. 28 s 32 (sec.25-ssec.1) The park owner for a residential park must ensure a site agreement— is written to the extent, and in the way, required by this section; and is in the approved form. Maximum penalty—200 penalty units. (sec.25-ssec.2) The agreement must include the standard terms, and any special terms, of the agreement. (sec.25-ssec.3) If, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included. the names of the parties and a description of the site (sec.25-ssec.4) The agreement must— be easily legible; and if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and be written in a precise way; and be clearly expressed in plain language; and precisely identify the site; and state each party’s name and address; and state a phone number, if any, of the home owner; and state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and state the following— the site rent and other charges payable under the agreement; when the site rent and other charges are payable and how they must be paid; how and when the site rent may be varied, including that, under the Act , the tribunal may— make an order increasing the site rent on application by the park owner; or make an order reducing the site rent on application by the home owner; and Part 11 (Varying site rent) states the circumstances in which the orders may be made. state the maximum number of persons who may reside on the site the subject of the agreement; and be signed by the parties; and comply with any other requirement prescribed under a regulation. (sec.25-ssec.5) The park owner must pay the costs of preparing the agreement. (sec.25-ssec.6) Also, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated. Maximum penalty—20 penalty units. (sec.25-ssec.7) Nothing in this section affects the enforceability of a site agreement that is not written. Section 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing. - (a) is written to the extent, and in the way, required by this section; and - (b) is in the approved form. - (a) be easily legible; and - (b) if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and - (c) be written in a precise way; and - (d) be clearly expressed in plain language; and - (e) precisely identify the site; and - (f) state each party’s name and address; and - (g) state a phone number, if any, of the home owner; and - (h) state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and - (i) state the following— (i) the site rent and other charges payable under the agreement; (ii) when the site rent and other charges are payable and how they must be paid; (iii) how and when the site rent may be varied, including that, under the Act , the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made. - (i) the site rent and other charges payable under the agreement; - (ii) when the site rent and other charges are payable and how they must be paid; - (iii) how and when the site rent may be varied, including that, under the Act , the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made. - (A) make an order increasing the site rent on application by the park owner; or - (B) make an order reducing the site rent on application by the home owner; and - (j) state the maximum number of persons who may reside on the site the subject of the agreement; and - (k) be signed by the parties; and - (l) comply with any other requirement prescribed under a regulation. - (i) the site rent and other charges payable under the agreement; - (ii) when the site rent and other charges are payable and how they must be paid; - (iii) how and when the site rent may be varied, including that, under the Act , the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made. - (A) make an order increasing the site rent on application by the park owner; or - (B) make an order reducing the site rent on application by the home owner; and - (A) make an order increasing the site rent on application by the park owner; or - (B) make an order reducing the site rent on application by the home owner; and