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Residents’ associations are a way for people who own park homes (also known as static caravans or mobile homes) to meet and share information. If your association meets certain conditions, it can become a ‘qualifying’ residents’ association. Find out what rights qualifying residents’ associations have and how to set one up.
You can set up a qualifying residents’ association to represent home owners in the mobile home park you live on. Qualifying residents’ associations have certain rights and should be consulted when park owners want to spend money on improvements or change how they run the park.
If you have a qualifying residents’ association in the park you live on, the park owner must:
Check the rules below to see what conditions your association must meet to become a qualifying residents’ association.
Your association must only look after the interests of home owners from the park you live in.
Your association must have at least 50 per cent of the home owners in your park as members.
Each home is counted as having one owner. If more than one person lives in your home, the person whose name is listed first on the ‘written statement’ can become a member. Written statements set out the rules (‘terms’) of owning a park home. See ‘Owning a park home’ to find out about more about written statements.
Park owners and their employees can’t be members of a qualifying residents’ association. The association must be independent from the park owner – so the park owner can’t set up the association or have any control over its decisions.
Membership in your association must be open to all home owners in your park. Residents who rent their homes can’t become members.
Your association has to keep certain records and documents and have them ready for anyone to read. These are:
You can contact any of the organisations below for a sample constitution to use for setting up a qualifying residents’ association.
Your members must elect people (who must also be members) for certain roles within your association. These are:
Members in a qualifying residents’ association must be able to vote on all decisions. When there is something to vote on (a ‘ballot’), only one vote for each member (one home) is allowed.
To become a qualifying residents’ association, the park owner will need to ‘acknowledge’ your association. This means that they agree that your association meets all the conditions of being a qualifying residents’ association.
You should write to the park owner explaining how your association meets the set of conditions to qualify. You should ask them to send their acknowledgement in writing to your association’s secretary.
If the park owner does not respond to your letter or does not acknowledge your association, you can apply to a county court. If the court decides that you meet the conditions of a qualifying residents’ association, it will order the park owner to acknowledge your association.
If your association does not meet the conditions to become a qualifying residents’ association, it will not have the same rights. It can continue to meet, but the park owner will not have to talk to the association about park operations and management.
Even if you don’t have a qualifying residents’ association, the park owner must still tell home owners if they plan to spend money on improvements.