Latest news on residential parks act 2007
Speech by the Hon John Darley MLC In the SA Legislative council on 7th February 2022
A week ago, I put before the Legislative Council a private members bill – Residential Parks (Model Agreement) Amendment Bill 2022. The South Australian Residential Parks Residents Association Inc. (SARPRA) were seeking these changes. The Bill clarifies four aspects of the present regulatory regime operating in Residential Parks in South Australia by
1. mandating the terms and conditions of the model residential park agreement,
2. including in the agreement a security of tenure for a term of 20 years with an option of a further 20 years exercisable at the discretion of the tenant, and transferrable to another person with the right of a new lease with a 20 plus 20 option,
3. stipulating rent increase at the annual prescribed rate
These changes allow a potential resident to easily understand all the costs of a particular residential park and compare and contrast the benefits and facilities and costs among the available parks and other options. The Bill will ensure increased certainty, security of tenure, predictable cost-of-living increases and transparency.
Your can see a video of John's speech by clicking here
A week ago, I put before the Legislative Council a private members bill – Residential Parks (Model Agreement) Amendment Bill 2022. The South Australian Residential Parks Residents Association Inc. (SARPRA) were seeking these changes. The Bill clarifies four aspects of the present regulatory regime operating in Residential Parks in South Australia by
1. mandating the terms and conditions of the model residential park agreement,
2. including in the agreement a security of tenure for a term of 20 years with an option of a further 20 years exercisable at the discretion of the tenant, and transferrable to another person with the right of a new lease with a 20 plus 20 option,
3. stipulating rent increase at the annual prescribed rate
- if CPI is 2% or less- CPI plus 1.5% (up to a maximum of 3.5%; or
- in any other case-CPI, and
These changes allow a potential resident to easily understand all the costs of a particular residential park and compare and contrast the benefits and facilities and costs among the available parks and other options. The Bill will ensure increased certainty, security of tenure, predictable cost-of-living increases and transparency.
Your can see a video of John's speech by clicking here
The private members bill had a first and second reading in the Upper House and was sent down to the Lower House to be read and hopefully passed when the new Parliament resumed. Unfortunately this was not possible as both Houses were dissolved pending the State Elections and the Private Members Bill lapsed.
As you are possibly aware John Darley was not re-elected and as a result SARPRA Executive have contacted members of both houses to have the private members bill re-submitted. We have targeted Upper House MLC's that we know supported John Darley's original Private Members Bill.
Two committee members, one from Lakeside, the other from Seachange had a meeting with the Hon. David Basham MP, in his electoral office in Victor Harbor. It was a very productive meeting with David prepared to support the private members bill subject to re-wording of the description of the prescribed rate for rent annual increases. He did advise us to have the amended Act tabled in the Upper House as there is one day a week set aside for private members bills. This is not the case in the Lower House.
Kyam Maher MLC supported the original private members bill, at its first and second reading and has been contacted asking for his support. He replied by saying that he, as Attorney General, could not do this as it was not covered by his port folio. He advised our Secretary, Phil Byrne, to contact Hon Andrea Michaels, Minister for Community and Business Affairs. Our Secretary is in the process of arranging a meeting with a member of her department.
We have since received a letter from the Ministers office suggesting that we meet with the Head of her Department, Dini Soulio to discuss the need for the amended Bill.
A meeting has been arranged for the 24th May 2022, when our President, Secretary and a committee member will meet with Mr Soulio. Their aim will be to persuade the Commissioner that by adopting our request for a state-wide site agreement, with the amended clauses, there will be a reduction in his department workload as it will remove the current ambiguities.
As you are possibly aware John Darley was not re-elected and as a result SARPRA Executive have contacted members of both houses to have the private members bill re-submitted. We have targeted Upper House MLC's that we know supported John Darley's original Private Members Bill.
Two committee members, one from Lakeside, the other from Seachange had a meeting with the Hon. David Basham MP, in his electoral office in Victor Harbor. It was a very productive meeting with David prepared to support the private members bill subject to re-wording of the description of the prescribed rate for rent annual increases. He did advise us to have the amended Act tabled in the Upper House as there is one day a week set aside for private members bills. This is not the case in the Lower House.
Kyam Maher MLC supported the original private members bill, at its first and second reading and has been contacted asking for his support. He replied by saying that he, as Attorney General, could not do this as it was not covered by his port folio. He advised our Secretary, Phil Byrne, to contact Hon Andrea Michaels, Minister for Community and Business Affairs. Our Secretary is in the process of arranging a meeting with a member of her department.
We have since received a letter from the Ministers office suggesting that we meet with the Head of her Department, Dini Soulio to discuss the need for the amended Bill.
A meeting has been arranged for the 24th May 2022, when our President, Secretary and a committee member will meet with Mr Soulio. Their aim will be to persuade the Commissioner that by adopting our request for a state-wide site agreement, with the amended clauses, there will be a reduction in his department workload as it will remove the current ambiguities.