Living in a residential park

The resident and the park operator in a residential park can decide on the most appropriate way to share the space. But these decisions will need to follow the legal requirements for renting in a residential park.

Repairs and maintenance

If damage occurs to the rented property or common areas, the park operator should be informed as soon as possible. Residents are responsible for repairing any damage they or their visitors cause.

The park operator is responsible for repairs caused by normal wear and tear or circumstances beyond a resident's control - eg after a severe storm.

If the resident isn't able to contact the park operator or if nothing's been done after the operator is informed, the resident can:

• have emergency repairs carried out by a licensed tradesperson - they must get a written report from the tradesperson.
• apply to SACAT for the repairs to be carried out.

Residents committees

A park owner must take reasonable steps to form a residents committee in parks with at least 20 fixed term site agreements. This can ensure the common interests of all the residents are represented. Smaller parks don't have the same legal requirement  but committees are an efficient way for park operators and residents to work together.

Set up and run a residents committee

Park rules

Park rules are for residents and park operators. They must be followed and include how everyone can use and enjoy the space. Rules also outline how the park is managed.

Rules could include:

• the use of common areas like the laundry
• vehicle speed limits and parking
• noise limits and recreational activities
• rubbish disposal
• keeping a pet
• the age group of residents - eg residents must be aged 50 years and older
• sub-letting
• the number of people who can live at the property
• running a business from the property.

Prospective residents should receive a copy of the rules at least 14 days before they sign an agreement.

The park operator must consult with the park’s residents committee before changing any park rules. Then all residents must be given at least 14 days’ written notice of the agreed changes.

Right of entry

In an emergency, a park operator can enter a site or a site and dwelling without permission, For example, to prevent danger to lives or to valuable property.

The park operator will need to give written notice or gain permission from the resident to enter the site. This can include:

• to read the meter if the resident pays for things such as water
• to check that legal requirements are met - eg safe distances between structures on neighbouring sites or to remove hazardous materials
• to maintain the grounds.

They can't enter a rented property to take possession before or after an agreement ends unless:

• it's been abandoned
• the resident has voluntarily given up possession
• South Australian Civil and Administrative Tribunal (SACAT) has given an order of possession.

An operator will need permission to enter a rented property and usually, written notice is required. This can include:

• to collect the rent - at an agreed time but not more than once a week
• to inspect the property - at an agreed time, and not more than once every 3 months
• to do repairs or maintenance, giving at least 48 hours’ written notice
• to show the property to prospective residents. This needs to be:
  • at a reasonable time
  • on a reasonable number of occasions
  • after giving reasonable notice.
  This can only be done during the last 14 days of an agreement
• to show the property to buyers. This needs to be:
  • at a reasonable time
  • after giving reasonable notice
  • on a reasonable number of occasions
  • for another purpose after giving written notice, stating:
    • the purpose
    • the date
    • time
  • if they believe the rented property has been abandoned
  • the resident has voluntarily given up possession
  • an order for possession has been given by SACAT.
• Operators must give 7 to 14 days’ notice before entering a dwelling

Safety evacuation plan

There must be a safety evacuation plan for the park. The plan must be:

• given to the residents or made available for them to view
• reviewed at least once a year.

If the park has a residents committee, they must be consulted in relation to the plan.

Related information

Renting in a residential park

Rent and other charges