CARPRA
Caravan and Residential Parks Residents Association (CARPRA)
Here are the members CARPRA working group holding aloft a copy of the Options paper: Tenancy policy framework for residential parks when it was released in June 2009.
Changes to the Residential Tenancies Act 1997 (the Act) affecting caravan/residential parks came into effect 1 September 2011
Since July 2011 HAAG has been conducting information sessions about changes to the Residential Tenancies Act which affect residents in caravan and residential parks who are owner-renters i.e. those who own a transportable dwelling but rent the land.
The new Part 4A in the Act regulates site agreements between residents who own their dwelling but rent the underlying land (site tenants) and park operators who rent out such sites (site owners).
Part 4A covers instances where the dwelling is:
- fully or partially owned by a site tenant
- designed, built or manufactured to be transported for use as a residence (not including a typical caravan)
- the site tenant’s main residence (not a holiday home)
- in a communal park (not in a park on Crown land).
The changes give greater protection to site tenants, whose dwellings can be quite large, difficult and expensive to move. Without these protections, site tenants are more vulnerable than residents who own traditional caravans, which are relatively easy to move about.
Site owner obligations under Part 4A
Under Part 4A, a site owner has to:
- give a site tenant 365 days’ notice to vacate for ‘no specified reason’ (an increase from the current 120 days)
- ensure site agreements are in writing and within the site agreement, disclose and explain all rents, fees and charges
- give a prospective site tenant 20 business days to consider a site agreement
- provide a five-day cooling-off period after a site tenant signs the agreement
- give a prospective site tenant a copy of the park rules before entry into a site agreement
- consult with site tenants regarding any proposed changes to the park rules.
Further changes include:
- limiting a site tenant’s liability to no more than 12 months rent if they break a fixed-term agreement (a site owner will have to apply to the Victorian Civil and Administrative Tribunal (VCAT) for compensation)
- increasing VCAT’s jurisdiction from $10,000 to $100,000 for disputes relating to Part 4A
- five-year minimum site agreements for new parks (that is, those registered for the first time from the date Part 4A is introduced)
- clarifying the rights and obligations of site tenants and site owners when a dwelling is being sold or assigned
- protecting a site tenant’s right to participate in residents’ committees.
The Current Part 4 of the Act will continue to apply to:
- agreements where the resident rents both the dwelling and the site
- certain agreements where the resident owns their dwelling but rents a site, such as the owner of a traditional caravan.
New site agreements
New site agreements in existing parks (including renewals of existing agreements) will be subject to Part 4A, except for the minimum five-year term requirement. Agreements in new parks will need to conform to all new requirements.
Existing site agreements
Existing agreements will be subject to the new provisions, except for the minimum five-year term requirement. Any term inconsistent with Part 4A will be void to the extent of the inconsistency. For example, if an existing agreement states a 120-day notice to vacate, a site owner must give 365 days’ notice if they issue the notice after Part 4A takes effect.
However, any action taken under an existing agreement before Part 4A came into force will still be valid, provided the action was lawful at the time. For example, if a site owner has served a notice to vacate before Part 4A comes into operation, the notice comes under the old rules, even if the notice expires after the new legislation commences.
Regulation of amendments to the Act
Part 4A of the Act will be regulated by Consumer Affairs Victoria. Further changes to caravan/residential parks will be overseen by:
- the Department of Planning and Community Development, which will be responsible for amendments to Part 14 of the Act concerning fire safety and emergency management planning in caravan parks
- the Department of Sustainability and Environment (amendments concerning access to caravan and camping sites on Crown land).
Related Information
Residential Tenancies Amendment Act 2010 - Victorian Legislation and Parliamentary Documents website

November 2011
A toolkit for residents' committees has been developed by Housing for the Aged Action Group (HAAG) to provide practical information on starting and running a residents' committee.
The law gives residents who have signed a valid site agreement the right to form and take part in residents' committees. The full rights of such residents (who are referred to as site tenants in the law) are covered in Part 4A of the Residential Tenancies Act 1997.
Congratulations CARPRA
At the conclusion of the Annual General Meeting held on Thursday 13th October 2011, HAAG made a presentation and paid tribute to the work of the Caravan and Residential Parks and Residents Association (CARPRA).
On 1 September 2011 Part 4A was introduced to the Residential Tenancies Act 1997 (RTA) focusing on rights and protections for permanent residents of parks and villages who own their dwelling but lease the land on which it stands.
The CARPRA working group played a significant role in bringing out these changes.
**** CARPRA meetings 2011 ***
These are generally held on the 2nd Tuesday of each month
Meeting dates for 2012 will be available shortly.
Click > here to download Working Group - Expression of Interest brochure (790 KB) The HAAG membership form is part of the file download.
History of the working group Caravan and Residential Parks Residents Association (CARPRA). CARPRA was formed in 2005 following a statewide forum held by Housing for the Aged Action Group. On that day, 100 older residents from a number of caravan and residential parks across Victoria came together to discuss their concerns about their accommodation. The response from residents was overwhelming, and the active participation of the large number of people who attended revealed their widespread concern about the difficulties faced by residents in caravan and residential parks in Victoria.

The Forum and the subsequent report, Living in Limbo emphasise the needs of older people who, in the main, have chosen caravan and residential park living as a lifestyle option.
The minutes of the forum and report are available from links at the bottom of this page.

The working group of the Caravan and Residential Parks Residents Association, (CARPRA) has produced a newsletter outlining who they are and some of the issues faced by residents in Caravan Parks and Residential Parks.
To go to the CARPRA Newsletter page, click >here
Residents not sold on reports
BY SARAH O'CONNOR
04 Apr, 2011 Greater Dandenong Weekly - Your Community Voice
RESIDENTS at Willow Lodge in Bangholme are unhappy with new rules that force them to pay thousands of dollars for safety reports before they can sell their homes.
Willow Lodge comprises about 400 relocatable homes and comes under the Caravan Park Act. Residents own their homes, but not the land they're on.
Residents committee president Eunice Walters said the changes meant residents - many elderly and on the pension - faced paying out thousands of dollars to obtain the necessary reports before they could sell.
Follow the link to the article in full: click >>here
Not Happy Campers
What's the point in owning your own home when the land beneath it can be sold out from under you? This is just one of the many problems faced by thousands of elderly Victorians living in purpose-built retirment villages classified as caravan parks.

Read an article by Geoff Strong, The Age, Friday March 18, 2011.
Follow the link to the article in full: click >>here
Paying a high price to retire
by Geoff Strong, senior writer, the Age
Residents of retirement villages can find themselves hopelessly entangled in a complex web of charges and contract conditions. Should they wish to sell their unit, the costs can be staggering.

Click > here for the link to the article in Insight the Age Saturday 22nd January 2011.
Howard Campey, at left, former president of a pressure group called Residents of Retirement Villages Victoria.
New Laws Recognise Owner-renters in Caravan Parks and Residential Villages
From the Minister for Consumer Affairs
Monday, 20 September 2010
New laws passed by Parliament will enhance the tenancy rights of Victorians who own homes erected on rented sites in caravan parks and residential villages.
Consumer Affairs Minister Tony Robinson said the Residential Tenancies Amendment Act 2010 recognised “owner-renters” as a specific class of resident and afforded them targeted protections.
**** ***
Below is an article from The Senior (Victoria) November 2010 which talks of the changes.
Legislation recognises owner-renters
Owner-renters have been recognised as a specific class of resident under new laws passed by State Parliament.
The Residential Tenancies Amendment Act 2010 affords residential park residents protections including extending the time a park owner must give a resident to vacate for no specified reason from 120 days to 365 days.
The minimum site lease at new parks has been increased to five years and park operators will be required to make full disclosure of rent, fees and other charges, when they are payable, and how rent increase will be calculated.
All site agreements must be in writing and residents will have a five-day cooling off period after signing.

The legislation comes after Queensland also recognised the rights of residential park home owners with tough new laws protecting their rights.
Consumer Affairs Minister Tony Robinson said growing numbers of Victorians, particularly seniors, were choosing residential parks as a long-term housing option.
“There are more than 4200 Victorian who own their home but rent a site in a residential caravan park,” he said.
“In particular, more retires and pensioners find home ownership in residential caravan parks an attractive lifestyle option.
“While their homes are technically classified as moveable, they are often difficult and expensive to demount.
“These homes can cost up to $300,000 and are often the owner’s principal asset.”
Liberal Member for Bass Ken Smith said while he welcomed the benefits the new Residential Tenancies Amendment Bill provided for manufacture home residents in new parks, people in existing parks could still be asked to remove their homes within 120 days.
This was often an unrealistic request.
MPs praise the work of the Housing for the Aged Action Group in lobbying for legislative change.
Anyone needing advice on residential parks legislation can contact the group’s Retirement Housing Information and Support Service, which provides information on matters including financial and health issues for people living in retirement housing including residential parks.
HAAG's submission to the Department of Planning and Community Development on the Residential Tenancies Caravan Parks and Movable Dwellings Registration Standards Regulations 2010. This response was lodged April 2010. To read the submission, click > here 54 KB
In June 2010, the CARPRA working group was thanked for the submission made to the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 Consultation.
Click > here to read the letter of acknowlegement from the Department of Planning and Community Development 325KB
Click > here to download and view a table of the issues raised in the submission and the changes made to the draft Regulations by the Department of Planning and Community Development as a result. 400KB
Long-term lease battle not over
An article by Lee Opitz, The Senior (Victoria) May 2010.
Security of tenure was the number one priority for Helen Dakers, who lives in a residential village in Inverloch.
"We are not all fit enough, and in some cases not financial enough, to continue to live in large homes on large blocks, so we have no choice but to make the seemingly sensible decision to move into a village.
"Security plays a huge part in making this decison, especially for women who live alone. "Think of the ramifications if two or three villages closed down. As one resident here said: 'I just want to know I can live her until I die'."
To read the full article click >here
Invy's Shifting Sands
An article by Matthew Dunn in The Star newspaper on Tuesday 30 March 2010 looks at a failed four year battle by a group of Inverloch residents to see out their retirement in a residence of their choice.
To read the full article click >here
Stability urged for movable home residents
An article by Dewi Cooke, City Reporter, appeared in the Age on Saturday 27 March 2010. Dewi met with members of the CARPRA working group in March and listened to their concerns on the review of consumer protections for park residents which is currently under way. >> read more
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Residential Accommodation Options Paper - Tenancy Policy Framework for Residential Parks July 2009
HAAG's submsission to the Consumer Affairs Victoria on Residential Accommodation Options Paper - Tenancy Policy Framework for Residential Parks was made July 2009. The two-part submission is available by contacting the HAAG office.
The Minister for Consumer Affairs, the Hon Tony Robinson MP, wrote to Jeff Fiedler, HAAG, in September 2009 and acknowledged the work and number of submissions from residents and members of the working group.
Click > here to download and view the letter from the Hon Tony Robinson 338KB
Caravan Parks and Villages - a report on the issues and problems faced by communities in three Local Government Areas (LGA's) of Victoria.
Click > here to download a copy (2.3MB)
Options paper: Tenancy policy framework for residential parks This paper released by Consumer Affairs Victoria in June 2009, provided an opportunity for park operators, residents, advocacy groups and other interested stakeholders to contribute to improving the legal framework for tenancy arrangements in residential parks.

Click > here to download Options Paper: Tenancy policy framework for residential parks 312KB
Over the past 10 years, residential parks have emerged as an important form of long term accommodation, particularly for retirees and pensioners. With these new forms of accommodation, issues arise which may not be adequately addressed by the existing legislative framework.
This Paper sets out a series of options to address the following issues:
- security of tenure
- internal dispute resolution
- resident participation in decision making
- contractual issues relating to resale and disclosure conditions
- deferred management fees
- resale arrangements
- park rules
- rent increases
- capital replacement
- energy charges
- information disclosure, and
- repairs and maintenance
Written submissions to the Options Paper closed on Friday 10 July 2009.
Congratulations to the HAAG working group, CARPRA - Caravan and Residential Park Residents Association - for their valuable contributions.
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The 'Caravan Parks or Villages?' forum was held on Thursday 16 October 2008 at the Australian Centre for the Moving Image (ACMI) Federation Square, Melbourne.
Background to forum

Caravan and Residential Parks are a central part of a rapidly changing housing environment, particulary for older people. With an ageing population and reductions in Commonwealth Government expenditure on public housing, huge demand has been created for decent housing to assist older people on low incomes and those reaching retirement.

There have been two main trends in the caravan and residential park sector in Victoria in recent years: many caravan parks have closed due to increasing land values.

Other caravan parks are gradually transforming into residential parks for people wanting to live permanently in this form of accommodation. In addition there are also new multi-residential developments of 200 - 300 dwellings that have services linked to community facilities. Many of these are like retirement villages in appearance and function.
This forum provided background information on the changes that are occuring within caravan parks. It highlighted major issues and brought people together to contribute to a reform of the current legisislation by Consumer Affairs Victoria of the Residential Tenancies Act and the Retirement Villages Act.
To see further images of the range of homes and housing styles within Caravan and Residential Parks, go to the images page, click >here
Living in Limbo - Caravan and Residential Park Residents Statewide Forum Report
On Wednesday 29th June 2005, Housing for the Aged Action Group held a statewide forum. On that day, 100 older residents from a number of caravan and residential parks across Victoria came together to discuss their concerns about their accommodation. The response from residents was overwhelming, and the active participation of the large number of people who attended revealed their widespread concern about the difficulties faced by residents in caravan and residential parks in Victoria.
The Forum and this report, emphasise the needs of older people who, in the main, have chosen caravan and residential park living as a lifestyle optiion.
This report is a snapshot of many of the issues that residents faced and it became a stepping stone towards a comprehensive enquiry into this housing sector.
Download the >Living in Limbo report 2MG
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Read of a group in South Australia with very similar aims and objectives.

Click > here to download and view the Aims and Objectives of SARPRA 994 KB


