Queensland Consolidated Acts

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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 25B

25B Prohibited terms of site agreements and prohibited park rules

(1) A regulation may prohibit—

(a) a stated type of special term in a site agreement; or
(b) a stated type of park rule.

(2) A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1).

Maximum penalty—100 penalty units.

(3) A park owner must not make a type of park rule that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(4) A park owner must not attempt to enforce—

(a) a special term in a site agreement that is prohibited from being in a site agreement under subsection (1); or
(b) a park rule of a type that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(5) A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1).

(6) A home owner may apply to the tribunal to consider whether part or all of a stated term of a site agreement is void under subsection (5).

(7) On application under subsection (6), the tribunal may do 1 of the following—

(a) declare that a stated term of the site agreement is void;
(b) declare that a stated term of the site agreement is not void;
(c) declare that a stated term of the site agreement is void to a stated extent;
(d) make an order varying a stated term of the site agreement.


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