What is a site agreement?
A site agreement is an agreement between a Park Owner and a homeowner which means that the Park Owner:
- rents the land to the homeowner for the home purchased to stand upon;
- agrees to supply and maintain the communal facilities for homeowners use on a non-exclusive basis; and
- provides access to utilities.
Site Agreements and What You Need To Know
There are some Park Owners who are trying to renegotiate site agreements with residents. To address this point, we have set out the facts according to the Manufactured Homes (Residential Parks) Act 2003. The main area that the Act deals with is regarding Terminating a Site Agreement, so we will also address the other area of when the Park Owner wants to change the site agreement, which is not noted in the Act.
Terminating a Site Agreement
Site agreements continue until they are validly terminated.
A site agreement can be terminated only by:
- mutual agreement.
- the home owner.
- the Queensland Civil and Administrative Tribunal (QCAT) on application by the park owner.
By mutual agreement
Mutual agreement is where both the home owner and park owner (or manager) agree to terminate the site agreement.
A Termination notice—by mutual agreement (Manufactured Homes Form 4) (PDF, 199KB) (RTF, 26KB) must be completed by both parties.
It is illegal for a park owner to intimidate or attempt to intimidate you into terminating a site agreement.
If you and the park owner both agree to terminate the site agreement, you must take all of your belongings and move out of the site (this gives the park owner vacant possession of the site). The park owner is not required to pay your moving costs.
A park owner is not allowed to enter into a mutual termination agreement before or on the same day as they enter into the site agreement with a manufactured home owner.
