What are ‘park rules’ according to the Residential Tenancies and Rooming Accommodation Act?
The Residential Tenancies and Rooming Accommodation Act 2008 starts out by establishing what the manager/owner of a caravan park can do – 'make rules about the use, enjoyment, control and management of the park.'
However, the rules may only be made about:
the use and operation of communal facilities
the making and abatement of noise
the carrying on of sporting and other recreational activities
speed limits for cars
parking of cars
disposal of refuse, and
keeping of pets.
So, if the manager/owner proposes to change a park rule, they must:
give notice of the proposed rule change (in writing) to each resident
fix a date by which residents may object, and
tell them how the objection can be made.
If no-one objects to the rule change, or if there are not enough objections made by the tenants to meet minimum requirements, the new rule will begin on the date given on the notice.
If the residents believe the proposal is unreasonable, they must supply specifics in writing before the deadline.
If at least 5 different residents from 5 different sites object (or a majority if a park has less than 10 sites), the tenants and the manager/owner will need to set up a park liaison committee to consider the objections.
The committee then has to declare if the proposal is reasonable or unreasonable and if so, what changes should occur.
If there’s no resolution, the case may be taken to the tribunal for a judgement, taking into consideration the specifics of the park.
If a proposal to a park rule is overruled by the tribunal, the status quo remains. If the proposal is ordered to take effect, a set formula works out how it is to take place.
More information about caravan park tenancy responsibilities is available by contacting the RTA direct on 1300 366 311.
The RTA is the Queensland Government statutory authority that administers the Residential Tenancies and Rooming Accommodation Act 2008. They provide tenancy information, bond management, dispute resolution, investigation, and policy and education services.