Park rules set out expectations for park operators, tenants and their visitors for the use, enjoyment, control and management of the park. The rules form part of the long-stay agreement and must be given to the long-stay tenant in advance of the agreement being entered into (along with other required documents, see Managing site agreements for more information). If the long-stay agreement is site-only, the park rules and other required documents must be provided at least five working days before the agreement is signed unless the parties agree otherwise in writing.
Park rules must not require long-stay tenants to undertake significant works (unless the works are required for health and safety), be clearly expressed, fair and reasonable and cannot be applied retrospectively.
Park rules must cover the following:
- noise restrictions
- motor vehicle parking;
- conduct and supervision of children in the park;
- use and operation of common facilities;
- storage of goods by tenants (outside the dwelling);
- park’s office hours;
- gutter cleaning;
- tree maintenance;
- emergency procedures; and
Where a park is covered by a Strata Title or Community Title scheme, and existing by‑laws cover one or more of the above matters, park rules are not also required for those matters.
When do I have to comply with the park rules requirements?
Parks have 12 months from 31 January 2022 to ensure their park rules comply with the above requirements. Penalties can be applied where a park operator fails to ensure park rules comply with the prescribed requirements.
Who do the park rules apply to?
Both park operators and tenants must comply with park rules. Tenants must also make reasonable efforts to ensure their visitors comply with the rules.
A park operator must ensure that park rules are applied and enforced reasonably, fairly and equitably. If there is a Park Liaison Committee (PLC), it is also responsible for ensuring the park rules are observed.
What is the new process to make or change a park rule?
A park operator must give notice to all tenants of any proposed new rule or changes to an existing rule. The park operator is now required to consult with long-stay tenants regarding proposed changes.
The required process must be followed for implementing a new rule or making a change to an existing rule. The Park operator chart - Making or changing a park rule shows the steps park operators can follow to meet this obligation.
Problems with a prosed rule or change to a rule
Tenants can raise concerns about a proposed rule during the consultation period. If tenants from at least 10 per cent of the long-stay sites object to the proposed rule, the park operator must consult with those tenants during the consultation period as to whether any changes should be made.
If a tenant is concerned about a park rule, they should discuss the issue with the park operator, or the PLC (if there is one).
If you or the PLC are unable to resolve the issue with the park operator you can contact Consumer Protection on 1300 30 40 54 or email us for advice and/or assistance.
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