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Steps to resolving residential park disputes

If you have a problem with a residential park operator or another homeowner, you can take steps to resolve the problem.

The Manufactured Homes (Residential Parks) Act 2003 outlines the process for managing complaints and resolving disputes between home owners and park owners.

Try to resolve it together first

If a dispute arises, it’s best to discuss any concerns with the other person first.

If the dispute is about a site agreement and your park has a specific informal dispute resolution process, you should use this process.

You can also raise your concern with the home owners committee. The committee may be able to give you information or advice on matters that are causing you concern.

If you can’t resolve your concerns informally, you can report a suspected breach. Alternatively you may decide to seek legal advice or follow the formal dispute resolution process.

Getting legal help

Formal dispute resolution process

Step 1: Negotiation

Starting the dispute resolution process

If you can’t resolve the dispute informally you will need to take the following steps:

  1. Write to the other resident or park owner about your dispute and suggest a time and place for a meeting. You can write a letter, or you can use Dispute Negotiation Notice (Form 11) (PDF, 307KB).
  2. Give the other person at least 14 days’ notice of the meeting.

Responding to a Dispute Negotiation Notice

If you receive a Dispute Negotiation Notice, you must:

  • give a written response within 7 days of receiving the notice
  • confirm the time and place in your response or suggest a more convenient time and/or place
  • ensure that the meeting occurs within 7 days of the date stated in the notice.

Dispute negotiation

When negotiating, you should:

  • meet at least once to try and resolve the dispute during the negotiation stage
  • meet as often as necessary to try to resolve the dispute by negotiation.
  • consider your needs and the needs of the other party and try to reach an agreement that is acceptable to everyone.

Step 2: Mediation

If you can’t reach an agreement, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) registrar to have the matter referred to mediation.

Within 14 days of receiving an application, the registrar will appoint a mediator who will organise a mediation conference with the you and the other person involved.

Mediation conferences are private but may involve other people if the mediator they have an interest in the resolution of the dispute.

Step 3: QCAT hearing

You can apply to QCAT for a hearing if:

  • one party does not attend mediation
  • you can’t settle the dispute within 4 months
  • one party claims the other has not complied with the mediation agreement within the specified time (or within 2 months of the agreement if no time is specified).

QCAT may make an order it considers appropriate to resolve the dispute.

Things to be aware of if you are applying for a hearing:

  • You may have to pay a fee to apply to QCAT. The amount of any possible fee is set by regulation under the Queensland Civil and Administrative Tribunal Act 2009. Information about any fees can be obtained by contacting QCAT.
  • You and the other persons involved will usually have to pay your own costs for a QCAT hearing unless QCAT decides otherwise.
  • You usually conduct your own case unless QCAT allows another person to appear on your  behalf.
  • A group of home owners can make a joint application to QCAT if disputes arise out of the same or similar facts or circumstances.
  • QCAT hearings are open to the public unless QCAT orders otherwise.
Last updated:
10 November 2020
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