park homes policy forum

RESIDENTS ASSOCIATIONS

 

 

You can set up a qualifying residents association to represent home owners in the mobile home park where you live.

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Qualifying residents’ associations have certain rights and park owners should consult the residents’ association when they want to spend money on improvements or change how they run the park.

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Park owners must give at least 28 days’ notice of any changes and take the association’s concerns into account before they make changes

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.Under the Mobile Homes Act 1983 (as amended), park owners must consult with residents (and any qualifying residents’ association) about proposed improvements to the site. If they fail to consult properly, they cannot generally recover the costs of those improvements through an increase in the pitch fee. 

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Key Legal Requirements for Site Improvement Charges:

• Consultation Requirement: Site owners are required to consult on improvements and take into account representations made by residents.

• Recovery of Costs: Costs for improvements can only be added to the annual pitch fee review if the improvements benefit the residents, were consulted on, and were agreed to by the majority of residents.

• Objections: If a majority of residents object to the costs, they can only be added to the pitch fee if authorized by a First-tier Tribunal (Property Chamber).

• Independent Advice: If a site owner attempts to charge for improvements without consultation, residents can challenge the charge through a tribunal. 

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Setting up a qualifying residents’ association

Your association must include at least half of the home owners in your park. Residents who rent their homes cannot join.

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You’ll have to keep certain records and documents, like:

• an up-to-date list of members

• a constitution ( see k link below )

• any other rules of the association

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You’ll have to elect a:

• chairman

• secretary

• treasurer

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The chairman, secretary and treasurer can make administrative decisions. Members should vote on all other decisions.

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You need to ask the park owner to ‘acknowledge’ your association. You can apply to a tribunal if they refuse. They can order the park owner to acknowledge your association.

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Your association can continue to meet if it does not meet the qualifying conditions but the park owner will not have to talk to the association about park operations and management.

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LINK TO MODEL CONSTITUTION

 

https://www.naphr.co.uk/wp-content/uploads/2018/06/MODEL-CONSTITUTION-2012.pdf