Disputes in Manufactured Home Parks
To help resolve a residential park dispute, this process can assist in finding your way through it all. You may also contact a Dispute Resolution Centre, which offers free confidential and impartial mediation services to assist in resolving your dispute.
Download Dispute Resolution Services Guide
Step 1 – Negotiation
Firstly, as with most disputes, try to resolve the dispute within the park. Write to the other party stating your dispute and nominating a date for a meeting. To do this, download and print a Form 11 (search term = manufactured homes form 11 or check out our website).
Give notice of at least 14 days, but no more than 28 days. The other party must respond in writing within 7 days of receiving the notice. The other party can nominate another date for the meeting, but it must be within 7 days of the first nominated date. You must then meet to try to resolve the dispute. This is part of the required process and should not be ignored.
If other persons in your park have the same complaint, they can join with you by adding their names to the Form 11. It can be beneficial for groups of residents or home owners who have the same sort of dispute to work together to resolve it. A group may be more effective at negotiating a resolution than an individual because they have better bargaining power, shared knowledge, and influence when they work together. Undertaking dispute resolution as a group also enables the responsibility for legal arguments, preparing written documents, filing fees and other costs to be shared. Finally, any positive outcome from the dispute resolution process will benefit all the individuals who have properly been named as parties on the dispute resolution forms.
Step 2 – Mediation:
If there is no resolution to your dispute through the negotiation in step 1, you may apply to the Principal Registrar of QCAT to refer the dispute to mediation. The fee that you must include with your letter of application at the date of this document being produced was $358.00, but you will need to check this on the QCAT website.
Only one fee is needed if there are multiple applicants. If you are a pensioner or otherwise believe you cannot afford the fee, you can apply to have the fee waived by downloading a QCAT Form 49. Attach this to your Letter of Application which should state:
- Your name and contact details.
- The names and contact details of any other applicants/representatives.
- The type of application you are making (Minor/Civil Dispute under the Manufactured Homes Act), and the reason why you are making it.
- Any relevant legislation references/provisions of the Act under which your application is being made.
- The decision you are seeking from QCAT.
You must then sign this document and post to QCAT, address all correspondence to the QCAT registry.
The Principle Registrar
Queensland Civil and Administrative Tribunal
The QCAT Registry is located on Level 11, 259 Queen Street, Brisbane Queensland
GPO Box 1639 Brisbane Qld 4001
Further information can be obtained through: enquiriesQCAT@justice.qld.gov.au
Phone: 1300 753 228 between 8.30am and 3.00pm Monday to Thursday
A mediator will be appointed, and you will be given notice of the date, time, and location of the mediation. The mediation is held in private.
You may be represented by a lawyer or agent at the mediation unless the mediator is satisfied you should not be represented.
If an agreement is reached at the mediation, the mediator records the agreement in writing, it is signed by the parties, and a copy is given to you and QCAT.
Step 3 – Hearing:
If the dispute is not resolved at mediation you may apply to QCAT for a hearing before the tribunal by writing to the same address as for mediation. The fee previously paid covers the hearing – Only one fee is needed if there are multiple applicants. If you are a pensioner or believe you cannot afford the fee, no additional fees needs to be paid. If you do apply for a hearing, AMHO will assist you in preparing your evidence and statements and any other requirements advised by QCAT.
- Organise your material
The tribunal is a busy place with adjudicators hearing an average of ten matters a days. You will receive a faster, more focussed hearing if the adjudicator can find your supporting evidence quickly. Clients bringing supporting materials are advised to:
- Check you have completed and signed the necessary forms, and if you are unsure, check with QCAT registry staff.
- Index and page number your evidence.
- Put your evidence into a logical order.
- Provide copies or relevant photos in colour and in something bigger than a thumbnail computer printout. Remember, the tribunal will not accept evidence in electronic form..
- Give copies of your documents to the other side at the earliest possible time
A tribunal hearing is not run by the script of a TV crime show. Do not hold onto your evidence until the last possible minute, so that the other side is surprised by it. A hearing may be adjourned, delaying the outcome for everyone, if a party has not had a chance to consider evidence delivered on the day of the hearing.
- Bring your witnesses
If there is a controversial issue, and you have an independent witness who gave a statement about that, they should attend the hearing. The adjudicator may not want to question your witness, but the witness should be available, just in case. If the witness cannot attend personally, you can apply for the person to appear by telephone.
The tribunal does not require affidavits – a signed statement is usually enough. If a witness does give a statement, and appears at the hearing, he or she may be asked to give evidence on oath or by affirmation.
- Use your waiting time productively
Your matter will not necessarily start at the time shown on notice you receive. Use the waiting time productively and talk to the other party. Can you resolve your dispute before going into mediation or conferencing, or reduce the number of issues the adjudicator has to consider? Attendance at the tribunal should mean the other party knows the matter is serious. Click here for information on preparing your case.
(Updated by AMHO December 2023)
