Under the Residential Parks Act 2007 (SA), a resident must:
More requirements and obligations can be found in the Residential Parks Act 2007 (SA). Some of these requirements carry a penalty for non-compliance.
It is an offence for a resident to intentionally cause serious damage to the rented property or common property, with a maximum penalty of a fine of up to $2,500 [Residential Parks Act 2007 (SA) s 36(2)].
Alterations to the rented property
The resident cannot alter the rented property without seeking written permission of the park owner. This applies to both residential park tenancies and the exterior of dwellings installed under residential park site agreements [Residential Parks Act 2007 (SA) ss 37 and 38].
Vicarious liability
The resident is vicariously liable for the behaviour of a person who is on the rented property through their invitation or with their consent. This means that the behaviour of visitors is treated as being the behaviour of the resident and can result in a breach of the agreement [see Residential Parks Act 2007 (SA) s 44].
Serious acts of violence
If a resident or one of their visitors is reasonably suspected of committing a serious act of violence or the safety of any person in the park is in danger, the park owner may give them notice (using Form E for the resident or Form E1 for the visitor) to leave immediately. It is an offence to give such a notice if there are no reasonable grounds for doing so [s 95].
The exclusion period is for 2 business days or, if the park owner makes an urgent application to terminate the residential park agreement, 4 days or until the South Australian Civil and Administrative Tribunal determines the application [s 96]. It is an offence to enter or remain in a residential park contrary to an exclusion notice [ss 95(6), 96(1)].
The residents of a residential park may elect residents from at least 5 different occupied sites in a residential park to form a residents committee to represent the residents' common interests [s 7]. Only a resident may be a member of the committee, and each resident has a right to nominate for election and participate in the election. A resident who is employed or engaged by the park owner to help with the management of the residential park cannot be a member of the committee [s 7(1)(c)]. Only one residents committee may be formed in a residential park [s 7(2)].
A park owner of a residential park with more than 20 fixed term site agreements in place must ensure that the park has a residents committee [s 7(1b)]. A park owner must not unreasonably interfere with a resident’s rights to participate in a residents committee [s 7(1a)], and must reasonably allow the use of a room within the residential park for the purposes of committee meetings [s 7(5)].
If there is more than one committee purporting to exist for a particular residential park, the park owner may apply to the South Australian Civil and Administrative Tribunal for an order as to which committee (if any) is the residents committee [s 7(3)].
A residents committee may make representations to a park owner about a matter the committee has considered. The park owner must consider the representations and respond in writing as soon as practicable and in any case within one month or longer period as allowed by the committee [s 7(6)]. A response to any member of the committee is sufficient [s 7(7)].
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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