Frequently asked questions

Questions and Answers

Welcome to our Questions and Answers. Here you will find answered questions that have been asked by our members.

Click on the + icon next to the question to reveal the answer. 

Can you advise if Park Site Fees for Homeowners include GST? If so should GST be shown on receipts? I was given a receipt by a home owner from the previous Park Owner for January 2019 which shows the amount of GST included in the fortnightly site fee.

GST is not charged on residential rents of any type so this includes site rents at residential parks.

Under this act our homes are defined as being able to be moved!! A laugh really the homes here at Mareeba are slab on ground steel framed and all but impossible to move. Yet the act clearly defines them as movable with clauses governing their being able to be moved by the park owner. This really is ridiculous. Has any thought been given to this?

The wording in the legislation continues from when the industry was caravan park based and homes were  towed in on their own wheels, prebuilt. The legislation was designed to allow park owners to get rid of manufactured homes easily if they wished to use the land for another purpose.  Many parks and villages still contain truly relocatable homes and some park owners use the parts of the Act you allude to, to actively try to get rid of these for more profitable development.

Though you won’t hear anything on this officially, there is a proposal on the Govt. table that would see the purpose-built villages like yours, moved under a modified Retirement Villages Act while mixed use parks would retain the present (possibly somewhat modified) Act.

Our park has a number of caravans converted into homes. Are the owners of these able to join QMHOA? If not, is there an organisation that looks after them.
QMHOA looks after people who live in manufactured homes under a Manufactured Homes (Residential Parks) Act 2003 Site Agreement. This does not cover people in caravans, even if converted to home-like structures. These people have Tenancy Agreements under the Residential Tenancies Act. People under Tenancy agreements can get advice and assistance from Tenants Qld and you can learn more about them by going to” style=”color: rgb(17, 85, 204); font-family: Arial, Helvetica, sans-serif; font-size: small; background-color: rgb(255, 255, 255);”>  

 If the park owner is willing to give a caravan owner a Manufactured Home Site Agreement, then they can join QMHOA

I want to put a rolla-door on my carport for security. I have asked the manager here if I can do so as dictated by my lease agreement but he will not give me permission. My argument is that a lot of other people in the park have rolla-doors on their carports and were obviously permitted to do so by the previous Managers I feel that he’s being unreasonable. Do I have a case for adding the rolla-door to my carport as I understand that he cannot reasonably refuse my request and what could happen if I just go ahead and do it? Also, do I have to prove that I have had it certified?

The situation is that you must get written permission to install the door from the park owner or manager BUT as you said, this permission cannot be unreasonably withheld. From what you write, to withhold permission would be unreasonable. So, in order to install the door, unfortunately you will have to jump through a few hoops. This is the process:
1. print a Form 11 from the Dept. of Housing – Manufactured Homes Forms (conference with park owner to formally request permission) and use it to arrange a meeting.
2. If permission not given, IMMEDIATELY apply for mediation (see QCAT website for details)  Mediation tries to get the 2 parties to come to an agreement)
3. If mediation fails, you may then apply for an order from QCAT. If this is necessary, QMHOA will assist you with the application process and other matters if you wish.

To ask for certification would be unreasonable.  In the first instance ignore such a demand and refer it back to QMHOA for further advice.

When a site rent increase is calculated using the CPI increase, which CPI should be used – Queensland or Australia?

There is no Queensland or Australian CPI as such. They are calculated on capital cities. Because all parks under the Manufactured Homes Act operate only in Queensland, the logical CPI is the one shown for Brisbane (even if you live in Cairns). However, the rule is consistency. If a park owner has always used the Australian (All Capital Cities) CPI, then they should continue using this. A park owner who shops around in order to get the highest CPI, is playing the system and an order could be obtained to require consistency. FYI – the Brisbane CPI to June 2019 was 1.7 while the All Capital Cities CPI was 1.6.

I have listed my home for sale. The park manager has told me I cannot put up a ‘For Sale’ sign in front of my home. This seems most unfair and I would like to know if the manager can actually forbid a sign, and if so what I can do about it.

When you bought your home and entered the park, you would have signed a Form 2 Site Agreement. If you check Section 16 of this agreement, you will see whether the park owner agreed that for sale signs could be erected, or whether you agreed that no for sale sign could be erected. As both you and park owner signed this agreement, the terms of section 16 are binding. If you wished to have this term changed to allow a sign to be put up you would either need to have the park owner agree to this request, or you would need to prove to the Tribunal that the term was unfair and explain why you agreed to this term initially.

All purchasers of a Manufactured Home have the right to negotiate with any item in the Site Agreement, hence why so important to  very clearly read the wording and the future consequences of every section.

Can you tell me if the tribunal makes a charge for hearing a complaint about a park owner?

Yes – at the time of writing the current fee for an application for orders is $367.00. If a group makes a joint application, only the one fee applies. If an applicant, or a group of applicants, rely on a pension or something similar, they may be able to have this fee waived by filling out a QCAT Form 49 (Application for Waiver of Fees).

I own my home in a residential village but I may have to go into hospital and then recuperation care for quite a long time. Do I still have to pay rent on my home during this period as it will be vacant all the time I am away?

Yes, site rent must be paid for every week that you are the owner of the home, irrespective of whether or not it is vacant.

My daughter lives in a manufactured home village in Victoria. Is there a Victorian Association like QMHOA that looks after residents in home villages?

We believe that there is a newly formed group called MHOA (VIC). 

The contact details we have for them are: 

Phone: 0431 347 797   Email: