Buying Into A Village - Information Sheet B2
Site Agreements and Legislation
Under the Residential Tenancies Act 1997 (Part 4A), and the Residential Tenancies Amendment Act 2018, when you buy into a Land-Lease village in Victoria, you will need to sign a written contract with the site owner, commonly known as a Site Agreement.
Part 4A Site Agreements only apply to homes that are specifically manufactured to be relocatable. These homes may be in dedicated Land-Lease villages or in mixed-use caravan parks. Site Agreements do not apply to other types of movable accommodation that can be registered with Vic Roads, such as caravans, camper trailers, or motor homes.
Site Agreements must explain all necessary definitions used in the document and how the Act will be applied. The Agreements also cover the rights and obligations of both the village owner and the site tenant on such matters as rents, fees, and charges; length of lease; behavioural standards for site owners and site tenants; maintenance responsibilities of site tenants and site owner; access by site tenants to facilities and activities, and the sale of the home.
A site tenant can request that the person they live with or intend to live with (such as a partner or relative) be listed as an additional site tenant on the Agreement. The site owner cannot unreasonably refuse such a request, but they can ask to be reimbursed for reasonable expenses incurred to accommodate the additional person.
You are allowed 20 days to review the Site Agreement before deciding whether to sign and there is a 5 day ‘cooling off’ period allowed if you change your mind, after you sign the Agreement.
The Site Agreement must not include any prohibited terms. For more information, refer to the Consumer Affairs Victoria website, listed below, or our Information Sheet B3.
Important additional reading – MHOA suggests reading the Checklist: Signing a site agreement on the Consumer Affairs Victoria website www.consumer.vic.gov.au
It is important that those considering buying a manufactured home seek legal advice, so they can make an informed decision.
