Under the Residential Parks Act 2007 (SA), all residential park agreements must [s 10]:
The park owner is responsible for complying with these rules and faces an expiation fee of $1,200 or a fine of up to $25,000 for nom-compliance [s 10(5)].
The park owner must provide the resident with a copy of the agreement after it is signed [s 11]. Failure to do so can result in an expiation fee of $2,000 or a fine of up to $35,000.
The park rules are automatically considered part of any residential park agreement and the park owner must ensure that a copy of the rules is included with the residential park agreement [s 12]. Failure to do so can result in an expiation fee of $1,200 or a fine of up to $25,000.
The park owner is responsible for any costs incurred in preparing an agreement [s 13].
Pro-forma residential park agreements are available from the SA Government - Forms and factsheets for residential park tenancies website.
Disputes
A resident may apply to the South Australian Civil and Administrative Tribunal to change or remove a term of a residential park agreement if the term is harsh or unconscionable [Residential Parks Act 2007 (SA) s 45].
Discrimination against residents with children
It is an offence to refuse to enter into a residential park agreement with a person on the basis that it is intended that a child will live on the rented property [s 17]. This is punishable by a fine of up to $25,000.
However, this prohibition does not apply if