Residential park operator responsibilities
The responsibilities of a park operator include:
- providing the property and all common areas in a clean and reasonable state
- allowing the resident to live in peace, comfort and privacy
- organising the regular collection of rubbish
- maintaining and repairing the rented property and common areas
- maintaining trees so they aren't a risk to the safety of residents or their property
- providing and maintaining locks and other security devices to make sure the property is reasonably secure
- providing residents with 24 hour access to the park and rented property, including providing keys, other opening devices or information needed to access the park
- giving proper receipts and maintaining proper records for any money received from residents
- providing residents with a copy of the residential park agreement, park rules and the information notice at the start of their residential park agreement. For an alternative version of this document contact Consumer and Business Services - Tenancies.
- providing the use of a place in the park, as far as is possible, for residents' committee meetings
- consulting with, and considering the views of, a residents' committee when changing the park rules.
A park operator's right to enter a rented property
Your right to enter a rented property depends on the residential park agreement and whether the resident is renting a site only or a site and dwelling.
In some cases written notice of entry must be given to the resident. The amount of notice needed can vary depending on the situation - eg in an emergency no notice is required. For an alternative version of this document contact Consumer and Business Services - Tenancies.
Right to enter property when a site and dwelling is rented
You can only enter a rented site and dwelling:
- in the case of an emergency - no written notice is required
- to inspect the property - requires 7-14 days' written notice and can't be more frequent than once every three months
- to read the meters for services a resident is to pay for - eg water meter
- to carry out necessary repairs at a reasonable time after giving at least 48 hours' written notice
- to collect rent no more than once a week at a time previously agreed to by the resident
- to show the rented property to prospective residents at a reasonable time on a reasonable number of occasions and only during the last 14 days of the agreement after giving reasonable notice
- to show the property to prospective buyers at a reasonable time on a reasonable number of occasions and after giving reasonable notice
- if you believe that the property has been abandoned
- with the resident's consent given immediately before entering
- for any other purpose after giving the resident 7-14 days' written notice stating the purpose, date and time of the visit.
Right to enter property when a site only is rented
You can enter a rented site only:
- to avert danger to life or valuable property
- to read meters for services a resident is to pay for - eg water
- to ensure compliance with statutory requirements relating to distances between structures at a reasonable time on a reasonable number of occasions
- to maintain the lawn or for other ground maintenance at a reasonable time on a reasonable number of occasions provided this has been included in the residential park agreement
- at any time with the resident's consent given immediately before entry.
You can't enter a rented property to take possession before or after the end of an agreement unless:
- it has been abandoned
- the resident has voluntarily given up possession
- an order of the South Australian Civil and Administrative Tribunal (SACAT) has been given.
Making and changing park rules
You can make rules around the use, enjoyment and management of the park.
Rules may be about:
- the use of common areas and their operation - eg laundry
- sporting and other recreational activities
- speed limits and parking for vehicles
- disposal of rubbish
- maintenance standards for dwellings owned by residents
- landscaping and maintenance of sites for dwellings
- limiting who may become park residents to persons over the age of 50
- guests and visitors of residents.
Park rules can be changed provided that they comply with the Residential Parks Act 2007 and residents are given 14 days' written notice of the changes.
If a residents' committee is active in the park they must be consulted and their views taken into account when changes are made.
Residents can apply to SACAT if they believe a park rule to be unreasonable.