Amendments to The Manufactured Homes (Residential Parks) Act 2003 (MHRP)
AMHO representatives were in attendance on 23 May 2024 when the amendments to the MHRP were passed by the Miles Government. The following amendments came into law in June 2024:
• Removal of the Market Rent review as a method of increasing site fee rent;
• Restrictions on increasing site rent under the site agreement;
• The correct version of the CPI being used in relation to site rent increases;
• The introduction of a Buyback Scheme for homes which take more than 18 months to sell.
AMHO has worked with the Regulatory Services Unit to develop fact sheets to help homeowners understand the changes.
2.Definition of the CPI to be used in the calculation of site fee increases;
3. Restrictions on the method to be used in calculating site fee increases;
4. Removal of the Market Rent Review as a method for increasing site fees;
On 6 December another change will come into law. This relates to the method of payment of site fees for new contracts.
Educating the Politicians and the Public
How The Manufactured Homes (Residential Parks) Act 2003 and subsequent amendments in 2010 and 2017 fails to meet the needs of homeowners in this housing area in the year of 2022
Alliance of Manufactured Home Owners Inc. May 2022
BACKGROUND
The residential parks industry provides housing and accommodation for a significant number of people. While residential parks (and their residents) are increasingly diverse, a notable proportion of people who live in manufactured homes are vulnerable members of the community due to their health, age or income.
The Act that was legislated in 2003, and the subsequent review, amendments in 2010 and 2017 aims to create a regulatory environment that effectively and fairly protects the interests of manufactured home owners, while also supporting the availability of affordable housing options through existing and new residential parks.
The main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks:
(a) to protect home owners from unfair business practices; and
(b) to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners’.
THE BEGINNING
In February 2000, an extensive review was undertaken of the Mobile Homes Act 1989. Considerable community engagement occurred to ensure the interests of both home owners and park owners were fully canvassed and considered. This resulted in the Manufactured Homes (Residential Parks) Act 2003 (the Act) commencing in March 2004 and replacing the Mobile Homes Act 1989.
The key provisions of the Act were implemented to retain existing consumer protections, clarified existing definitions and introduced standard contract requirements, disclosure requirements and sought to improve dispute resolution processes. One of the objects of the new Act was to encourage the continued growth and viability of the residential park industry by providing a clear regulatory framework.
It has been evident that since 2003 the industry has evolved with a marked increase in the development of residential parks. Current estimates indicate that approximately 45,000 Queenslanders are now living in 250 residential parks across the state.
THE PROGRESS
3 Review of the Act 2007
3.1 Requirement for review
Section 145 of the Act requires the Minister to start a review of the Act within three years of commencement. The purpose of the review is to ensure the Act is adequately meeting community expectations and that its provisions remain appropriate. As soon as practicable after the review is finished, a report of the outcome of the review must be tabled in the Legislative Assembly.
2010 Amendments
Manufactured Homes (Residential Parks) Amendment Act 2010
Page 2 2010 SL No. 314
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