well I got myself a copy of the Manufactured Homes (residential Parks) Act 2003 ..well what an interesting read , a pretty well thought out piece of legislation IMHO.
Even covers things like the size of font required in all corro with park residents so they can read it.
so I have spoken with the real estate and given her some info from the Act, so now I have the MIL and the real estate lady all lined up to act in a proper fashion according to the act and let the manager and owner act in direct breach of the act and then I can begin documenting the actions , send letters of intent and then finally lodge formal proceedings if it gets there, but my experience tells me a letter of intent asking for a cease and disist quoting a few sections will generally bring about a change in attitude.
the act is very strong in relation to the actions of the park owner/manager at a time of sale and gives good examples in laymans terms (not often seen)
I would encourage any one with a elderly family member in a similar housing situation to have a read of it as knowledge is power.
Pretty much he is just trying to make himself richer and trying to slip an increase in at point of sale which is not on under the act and if a sale is lost because of his conduct he can be liable so i think once he knows we know our rights they will back off. Any increase places the onus on him if the resident disputes it, a few calls today established that no single park within 100klm of this charges that amount so his chances of winning a dispute are zero, he will have to show cause as to the increase, esp now that water is charged to the resident as well, so less services being provided.
in short they are shonkey and trying to benefit off the elderly and disadvantaged, when the unit next to MIL sold he told the new occupants that they had to pay $25 more than the prev tenant and they did not know any better and agreed, thus after 28 days their right to dispute was gone.
Also states that the exact rent being paid at time of contract is to be clearly annotated for the incoming buyer and inform them of their rights which i am sure he does ...yeah right...so just because its being sold and the assignment of MIL interest is being transferred to new person he is still bound by the price increase rules , got told today if he simply uses a sale as out of cycle reason to hike up rent on just the place being sold he will be in hot water. and that $5 is about what the increase should be this year if keeping with other parks in the area.
So things looking alright and sect 50 is called hindering a sale ..think he might get a link to that very soon
Jet
