Park liaison committee members
Where there is a park liaison committee (PLC), it is the responsibility of the park operator to ensure elections are held to select the tenant representatives. However it is an offence for a park operator to unduly interfere with how the tenant representatives are chosen and penalties apply to breaches of this provision.
Nominating tenant representatives
In order to hold an election for tenant representatives the park operator must give each eligible tenant written notice including:
- they may nominate themselves or another tenant to be a member of the park liaison committee;
- the date by which such a nomination must be received, which must be at least seven (7) days after the day on which the notice is given; and
- how to lodge the nomination.
Where a residential park has 100 or less long-stay sites and nominations are received for five (5) or less nominees, those nominees are taken to be elected. Where six or more nominations are received, the five (5) nominees receiving the highest number of votes at the meeting are elected.
Where a residential park has more than 100 long-stay sites and nominations are received for eight (8) or less nominees, those nominees are taken to be elected. Where nine (9) or more nominations are received, the eight (8) nominees receiving the highest number of votes at the meeting are elected.
Electing tenant representatives
The vote is to be conducted at a meeting the park operator has invited all tenants to attend by giving them at least seven (7) days’ written notice.
Prior to undertaking the formal election of representatives, the residents should first agree on the number of representatives to elect. This will largely depend on the size of the park and will need to be of sufficient number to ensure the PLC can conduct its business in the absence of one or more members.
The vote must occur by a show of hands of those eligible to vote, unless a majority of the tenants present at the meeting agree to a secret ballot.
If two (2) or more nominees receive an equal number of votes, the park may hold another vote for the nominees with the equal number of votes. If the number of votes remains equal after the secondary vote, the election of a member may occur by random draw from the nominees with the equal number of votes.
In the event of a secret ballot, the park operator must keep the ballots for 14 days after the vote was held.
Term of office
A long-stay tenant representative holds office for a term not exceeding two (2) years, but is eligible for re-election.
The removal from office of a member of the PLC can only occur by a vote at a meeting. The park operator must invite all tenants to this meeting by the giving of at least seven (7) days written notice. The vote is by a show of hands unless a secret ballot is agreed to by a majority of tenants present at the meeting.
A person ceases to be a member of the PLC if:
- there is a vote to remove the person from office;
- the person’s term as a member ends;
- the person resigns;
- the person ceases to be a tenant of the residential park; or
- the person dies.
An election is required to fill a vacant tenant representative position.
The PLC may decide to elect office bearers. It is not required and may not be necessary. Members can choose to rotate the tasks for each meeting, including the chair and the minute taker, between them. The park operator or its representatives may be able to assist with some of the administrative requirements.
If a PLC decides to elect office bearers, the following recommendations may assist.
Functions of the chairperson
If elected, the role of the chairperson is to:
- chair meetings of the committee and meetings of all long-stay tenants;
- rule on procedural matters raised at these meetings; and
- seek clarification, where necessary, on behalf of the PLC from Consumer Protection or other bodies about the rights and obligations of tenants.
The chairperson should not be a park operator, a park operator’s representative or an associate of a park operator.
Functions of the secretary
If elected, the role of the secretary is to manage the administrative requirements of the PLC. This includes:
- keeping a register of PLC members, including their election date;
- ensuring the PLC has a list of the names, site numbers and known email addresses of all long-stay tenants;
- keeping a written record of decisions made at meetings of the PLC or meetings of residents, in particular the votes on any matter requiring the consent of residents;
- notifying the PLC members of the date, time and venue for meetings;
- notifying all long-stay tenants of the date, time and venue for general meetings;
- handling correspondence on behalf of the PLC and table copies at each meeting; and
- maintaining a current copy of the rules of the PLC.
The PLC may consider it appropriate for one of the park operator representatives to fulfil this function.
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