Park Owners Rights and Responsibilities
The park operator is required to:
- provide the rented property in a clean and reasonable state;
- allow the resident peace, comfort and privacy;
- keep the common areas of the park and any garden or other areas in the park in a reasonable state of cleanliness;
- arrange for the regular collection of the resident’s garbage and any other garbage in the park;
- maintain and repair the rented property and common areas of the park (having regard to their age, character and prospective life);
- maintain all trees in the park in a condition that does not create any unreasonable risk to the safety of residents or their property;
- have a written plan for the safe evacuation of the park in case of emergency [s 138A];
- provide and maintain locks and other devices to ensure the rented property is reasonably secure;
- provide the resident with 24 hour vehicular access to the rented property, bathroom and toilet facilities and reasonable access to other common areas;
- provide a copy of a key or the information required to open any security device that restricts access to the park;
- give proper receipts for any money received from the resident, except if rent is paid into a bank account and a written record containing the same information is maintained;
- provide the resident with a copy of the residential park agreement;
- provide the resident with a copy of the information notice from the Tenancies Branch of Consumer and Business Services, the park rules and any other information required as listed above.
See Residential Parks Act 2007 (SA) ss 11, 24, 28, 31-35.
If the park owner does not comply with some of these responsibilities then they can be fined, see the Residential Parks Act 2007 (SA) for more detail.
NOTE: The above details are not a complete list of the park operator's rights and obligations under the Residential Parks Act 2007 (SA)
A park owner is under an obligation to repair and maintain the rented property and common areas in a reasonable state. Any damage from ordinary wear and tear is the park owner's responsibility to repair.
The resident must notify the park owner of any damage that has occurred, whether it be their fault or through ordinary wear and tear. A resident must not deliberately or negligently cause damage to either the rented property or common areas and if they do the repairs must be paid for by the resident. This applies to damage caused by themselves or their visitor. The resident can be refunded for emergency repairs that are undertaken by a licensed tradesperson as long as the damage was not their fault and they attempted to contact the park owner [see Residential Parks Act 2007 (SA) ss 35 and 36].
What can be in the Park Rules?
The Residential Parks Act 2007 (SA) specifies what rules the park owner may make about the use, enjoyment, control and management of the park. The park owner or operator of a residential park may make rules about [s 6]:
- the use of common areas and the operation of common area facilities;
- the making and reduction of noise;
- the carrying on of sporting and other recreational activities;
- the speed limits for motor vehicles;
- the parking of motor vehicles;
- the disposal of rubbish;
- the keeping of pets;
- maintenance standards for dwellings installed or located in the residential park by residents, as they affect the general amenity of the park;
- the landscaping and maintenance of sites for dwellings;
- the terms of any sub-tenancy managing agent agreements between the park owner and residents;
- limiting who may become residents to persons who are over the age of 50 years;
- guests or visitors of residents;
- any other matter allowed under the Residential Parks Regulations 2022 (SA).
Under the regulations, the park owner may make rules about how many people may reside on the rented property with the resident and the use of the rented property for business purposes [reg 6].
A park owner may change the park rules. A change only takes effect when each resident has been given 14 days written notice of the change. If there is a residents' committee, the park owner must consult and consider the views of the committee in relation to any proposed rule change [see Residential Parks Act 2007 (SA) s 8].
A resident may make an application to the South Australian Civil and Administrative Tribunal SACAT for an order declaring a park rule to be unreasonable. This application must be a joint application made by residents from a majority of the occupied sites in the park [see Residential Parks Act 2007 (SA) s 9].
Right of entry of park owners
A park owner has different rights of entry to the rented property depending on whether the agreement is a residential park tenancy agreement or a residential park site agreement.
Residential park tenancy agreement rights of entry
The park owner can only enter the rented property:
- in the case of an emergency (including to carry out urgent repairs or avert danger to life or valuable property)
- at a time previously arranged with the resident to collect the rent but not more than once every week (if the resident has agreed that the park owner can collect the rent from the rented property)
- for the purpose of reading the relevant meter if the resident is required to pay that utility
- at a time previously arranged with the resident to inspect the rented property but not more than once every 3 months,
- to carry out necessary repairs or maintenance at a reasonable time giving at least 48 hours written notice
- to show the rented property to prospective residents at a reasonable time and on a reasonable number of occasions during the last 14 days of the agreement, after giving reasonable notice to the resident
- to show the rented property to prospective purchasers at a reasonable time and on a reasonable number of occasions, after giving reasonable notice to the resident
- for any other purpose not listed here and the park operator gives the resident written notice stating the purpose and specifying the date and time of the proposed entry between 7 and 14 days before entering the rented property
- with the consent of the resident
- the park operator believes the resident has abandoned the rented property.
See Residential Parks Act 2007 (SA) s 40.
Residential park site agreement rights of entry
The park owner can only enter the rented property:
- to avert danger to life or valuable property
- for the purpose of reading the relevant meter if the resident is required to pay that utility
- to ensure compliance with statutory requirements relating to separation distances between structures on neighbouring sites and removal of hazardous materials, only at a reasonable time and on a reasonable number of occasions
- to maintain a lawn or for grounds maintenance, at a reasonable time and on a reasonable number of occasions as agreed when the residential park agreement was entered into
- with the consent of the resident
- in accordance with the regulations.
See Residential Parks Act 2007 (SA) s 41.
NOTE: A park operator does not have any other rights of entry to the rented property.
Park Owners Rights and Responsibilities : Last Revised: Fri Aug 9th 2019
The content of the Law
Handbook is made available as
a public service
for information purposes only
and should not be relied upon
as a substitute for legal
advice. See
Disclaimer for
details. For free and
confidential legal advice
in South Australia call 1300
366 424.
.png)
.jpg)
.jpg)
.jpg)
.png)
.png)
