In 2018 SARPRA worked with the State Government to update the 2007 Residential Parks Act. SARPRA saw the need for a standard Residential Parks Site lease to be included in the amended Act. We would then come into line with other States.
In 2019 the Residential Parks (Miscellaneous) Amendment Bill 2018 was passed into law, but without the requested standard Site lease inclusion. The Attorney Generals Department view was the Consumer & Business Services (CBS) had a standard lease available so it had not considered our request. The SARPRA view was the CBS standard Site lease is suitable if adopted as the compulsory site lease. Our argument is that with the adoption of CBS standard site lease agreement will be suitable as the standard lease for all types of parks, to suit each different Parks situation via Park Rules as an addendum. As long as such rules do not contravene the Act. See letter from Attorney Generals Office.
This was proven to be the case when residents at one village took a building issue to the South Australian Civil and Administrative Tribunal (SACAT) who were unable to make a decision on how to proceed due to the wording of the residents lease. CBS stated the lease is a combination of different Act lease agreements. making it hard for them to proceed. Owners of the village have denied this and maintain that the lease was drawn up by their legal adviser. See reply to the AGD from SARPRA.
It has also come to SARPRA's attention that the management of two villages may be in breach of the 2007 Residential Parks Act in that one has charged exit fees to a resident who has sold her house. And the second village is offering "shared equity" where they subsidise a percentage of the house price and the purchaser repays the amount when they sell. This is classed as an exit fee and although legal in NSW is not in South Australia. See attached documents
SARPRA have a copy of a letter, from management to residents, in a NSW Village, explaining that new 5 year leases with an annual increase of CPI only will be issued to them. See attached letter.
In early 2021 a petition was circulated through out SA Residential villages requesting the creation of a standard Residential lease, it was found that owner/managers of most parks also supported this iniative. Unfortunately on the 1st April SARPRA were informed that the signed petition was not in acceptable format and was not processed.
The office of Jon Gee MP then assisted SARPRA in the drafting of a suitably worded petition. This was then re-circulated, but this time, was also sent to all registered residential parks so that they could be involved.
On the 15th June 2021 an email was sent to a number of Upper and Lower house MP's asking for their support for our Petition that would be presented to Parliament by the Honourable Jon Gee MP. The Petition is scheduled to be presented to SA Parliament by the Honourable Jon Gee MP on the 21st July 2021.
Copy of email and supporting documents