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Insights

Qualifying Residents’ Associations

Posted on 01st November 2013 in Parks

Posted by

Melanie Burton

Partner and Chartered Legal Executive
Qualifying Residents’ Associations

Since 2006 the Mobile Homes Act 1983 (as amended) has included a specific role for qualifying residents’ associations on mobile home sites. An association that meets specific conditions must be recognised by a park owner and will have certain consultation rights under the implied terms of the Written Statement.

There are several conditions that an association must meet before they can be recognised as a qualifying resident’s association. Until they meet those conditions the park owner is not obliged to acknowledge their association as a qualified resident’s association.  One of the conditions they must be able to meet is that they have at least 50% membership of the residents of the mobile homes on the park. When calculating the percentage of residents each mobile home is treated as having one person living there.

If an association meets the relevant conditions the park owner must acknowledge them as a qualifying resident’s association. If a park owner fails to acknowledge the association then the residents’ may apply to the Tribunal for a declaration that their association is a qualifying residents’ association.

Once an association has been acknowledged the park owner will be obliged to consult them on all matters which relate to the operation or management of the site or about improvements which affect the occupiers directly or indirectly, in addition to consulting all residents individually.

If an association does not meet the relevant conditions they will still be able to continue as a residents’ association but the park owner will have no legal obligation to consult with them on the operations and management of the site.

If you have any questions relating to a qualifying residents’ association contact the parks team on telephone 01392 207020 or email parks@tozers.co.uk

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