Note: Before you sign a site agreement, ensure that the park owner gives you a copy of Manufactured Homes Form 1—Home owners' information document .
A site agreement is an agreement between a park owner and a home owner that allows a home owner to rent particular land in a residential park for the positioning of their manufactured home and also gives the home owner non-exclusive use of the park's common areas and communal facilities.
The following are considered to be terms of a site agreement:
- standard terms and any special terms of the agreement
- the home owner's responsibilities under the Act
- the park owner's responsibilities under the Act
- the park rules for the residential park
- the terms of any Queensland Civil and Administrative Tribunal (QCAT) order in force about the agreement.
Under the Manufactured Homes (Residential Parks) Act 2003, the park owner must supply prospective home owners with two copies of the proposed site agreement. Park owners may choose to use the approved Manufactured Homes Form 2—Residential parks site agreement .
Site agreement details
The site agreement must:
- be written clearly and precisely
- clearly identify the site where the manufactured home is or will be positioned
- state each party's name, address and telephone number
- state the site rent and other charges payable under the agreement, and when and how the home owner will pay them
- state how and when a park owner can vary the site rent
- specify the maximum number of people who can live on the site
- be signed by both parties.
The site agreement might also contain special terms which are negotiated by both parties. Special terms may include, for example, who is responsible for maintaining the site land, fencing or trees.
While the agreement is in force, the parties can vary the special terms if both parties agree to the change in writing and sign it. If not written and signed, the variations will be void.
In addition, either party to a site agreement may make an application to the QCAT for an order about a proposed variation.
Disputes and inconsistencies
If a manufactured home owner in a residential park does not have a written site agreement, the park owner must give them one. If either party disagrees with the agreement terms, they can apply to the QCAT for a resolution.
If any term of an existing site agreement, or a special term in a new site agreement, is inconsistent with the Act or the Manufactured Homes (Residential Parks) Regulation 2003, the Act or Regulation applies and the term is void to the extent of the inconsistency.
For more information on resolving disputes about agreements, see dispute resolution.
Terminating an agreement
A home owner's right to locate a home on the site continues until the site agreement is terminated. See terminating an agreement.