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Wednesday, 3 October 2023

Park homes - setting up a qualifying residents' association

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.

The advantages of having a qualifying residents’ association

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:

  • write to your association about any changes they plan to make (like cutting down trees) at least 28 days beforehand
  • explain what changes they want to make and how they may affect home owners
  • tell you when and where your association can meet with them to talk about the changes they want to make
  • take your association’s concerns into account before they make changes

Rules for setting up a qualifying residents’ association

Check the rules below to see what conditions your association must meet to become a qualifying residents’ association.

Your association must only represent home owners from your park

Your association must only look after the interests of home owners from the park you live in.

Half of the home owners in your park must be members

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 can’t be members of the association

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.

All home owners in your park can become members

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 must have a constitution and list of members

Your association has to keep certain records and documents and have them ready for anyone to read. These are:

  • an up to date list of members
  • a constitution – this explains how your association is run (like how often it will meet) and its goals (for example, to improve park safety)
  • any other rules of the association

You can contact any of the organisations below for a sample constitution to use for setting up a qualifying residents’ association.

Your association must have a chairman, secretary and treasurer

Your members must elect people (who must also be members) for certain roles within your association. These are:

  • a chairman – this is someone who runs meetings and is the spokesperson for the association
  • a secretary – this is someone who keeps records up to date (like a members list) and organises meetings
  • a treasurer – this is someone who handles any money the association raises from members or events

Your association must take decisions by voting

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.

You must get the park owner’s ‘acknowledgement’ of your association

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 residents’ association is not a qualifying residents’ 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.

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