
Park Rules
Reference: Park rules | Department of Energy, Mines, Industry Regulation and Safety (commerce.wa.gov.au)
Park Rules are a common source of disputes between park management and residents. Some older parks may have an unwritten set of practices dating back decades, and older residents will quote "rules" that others, including management, are not familiar with. Management may sometimes change rules on the fly, with little or no notice or consultation.
Fortunately, the regulations now ensure that Park Rules must be clearly defined for all and the process of changing rules or implementing new ones is a formalised one.
Park rules set out expectations for park operators, tenants and their visitors for the use, enjoyment, control and management of the park. The rules form part of the long-stay agreement and must be given to the long-stay tenant in advance of the agreement being entered into.
Park rules must not require long-stay tenants to undertake significant works (unless the works are required for health and safety), be clearly expressed, fair and reasonable and cannot be applied retrospectively.
Both park operators and tenants must comply with park rules. Tenants must also make reasonable efforts to ensure their visitors comply with the rules. A park operator must ensure that park rules are applied and enforced reasonably, fairly and equitably. If there is a Park Liaison Committee (PLC), it is also responsible for ensuring the park rules are observed.
Changing a Rule - A park operator must give notice to all tenants of any proposed new rule or changes to an existing rule. The park operator is now required to consult with long-stay tenants regarding proposed changes.
The required process must be followed for implementing a new rule or making a change to an existing rule. The Park operator chart - Making or changing a park rule shows the steps park operators can follow to meet this obligation.
