Part 2Park rules and residents committees

Part 2—Park rules and residents committees 6—Park rules (1) The park owner of a residential park may make rules about the use, enjoyment, control and management of the park. (2) However, rules may be made only about any of the following: (a) the use of common areas and the operation of common area facilities; (b) the making and abatement of noise; (c) the carrying on of sporting and other recreational activities; (d) the speed limits for motor vehicles; (e) the parking of motor vehicles; (f) the disposal of refuse; (g) the keeping of pets; (h) maintenance standards for dwellings installed or located in the residential park by residents, as they affect the general amenity of the park; (i) the landscaping and maintenance of sites for dwellings; (j) the terms of any sub-tenancy managing agent agreements between the park owner and residents; (k) limiting who may become residents to persons who are over the age of 50 years; (l) guests or visitors of residents; (m) other things prescribed under a regulation. (3) Park rules relating to the terms of sub-tenancy managing agent agreements must include any rules approved by the Commissioner as model rules for the purposes of this subsection. (4) A park rule will be void for the purposes of this Act to the extent that it is inconsistent with— (a) this Act; or (b) a model rule approved under subsection (3); or (c) any other Act or law. (5) The Legislative Instruments Act 1978 does not apply to park rules. 7—Residents committees (1) The residents of a residential park may elect residents from at least 5 different occupied sites in the park to form a residents committee to represent the interests they have in common as residents of the park, on the basis that— (a) only a resident may be a member of the committee; and (b) except as provided in paragraph (c), each resident has a right to nominate for election to the residents committee and to participate in the election of members of the residents committee; and (c) any resident who is employed or engaged by the park owner to assist in the management of the residential park may not be a member of the committee. (1a) A park owner or park owner's agent who unreasonably interferes with a resident's rights under subsection (1) is guilty of an offence. (1b) A park owner of a prescribed residential park must ensure that the park has a residents committee (in accordance with subsection (1) and any other requirements prescribed by the regulations). (1c) It is a defence to a charge of an offence against subsection (1b) if the defendant proves that the defendant took reasonable steps to ensure that a residents committee was elected but an insufficient number of residents nominated for election to the committee. (2) Only 1 residents committee may be formed under this section in relation to the same residential park. (3) If more than 1 body or committee (regardless of its name) purports to be the residents committee for a particular residential park, the owner of the park or a resident of the park may apply to the Tribunal for, and the Tribunal may make, an order determining which body or committee (if any) is the residents committee for the residential park. (5) A park owner must, insofar as is reasonable after taking into account the facilities located at the residential park and any other relevant factor, allow the use of a place within the residential park for the purposes of a meeting of residents called by a residents committee which must, insofar as is reasonable, be an enclosed area. Expiation fee: $750. (6) If the residents committee for a residential park makes representations to the park owner in relation to a matter that has been considered by the committee, the park owner must consider the representations made and provide a written response to the residents committee as soon as practicable (and in any case within 1 month after receiving the representations or such longer period as may be agreed by the residents committee). (7) For the purposes of subsection (6), a response will be taken to have been provided to a residents committee if it has been provided to any member of that committee. (8) The regulations may make provision for or with respect to the election, term of office, functions and procedure of residents committees. (9) In this section— prescribed residential park means a residential park that has more than 20 fixed term residential park site agreements in force. 8—Amendment of park rules (1) A park owner may make written amendments to park rules for a residential park. (2) An amendment does not have effect unless each resident of the residential park has been given 14 days written notice of the amendment. (3) If a residents committee has been established for the residential park, the park owner must consult, and consider the views of, the committee in relation to the amendment of park rules. (4) In this section— amendment to park rules includes— (a) a variation of a park rule; or (b) the addition to the park rules of a new rule; or (c) the revocation of an existing park rule. 9—Application to Tribunal if park rules are considered unreasonable (1) An application may be made to the Tribunal to declare a park rule for a residential park unreasonable if a joint application is made by residents from a majority of the occupied sites in the park. (2) An application under this section is not affected if, after the date of the application, the applicants cease to consist of residents from a majority of the occupied sites in the park. (3) When an application is made to the Tribunal about the reasonableness of park rules, the Tribunal may make any of the following orders: (a) an order declaring the rule or proposed rule to be reasonable or unreasonable; (b) an order changing the rule in a way it considers appropriate to make it reasonable. (4) A park rule is void if the Tribunal makes an order that the rule or proposed rule is unreasonable.