In March ARPRA Mid North Coast Affiliate members Tom Johnson, Gary Martin and myself met with members of the Coalition regarding local issues with Council, Crown Land and Local Government Regulations.  This meeting was successful in the fact that our issues were heard and advice given on actions to take.  As a result of this meeting, the Port News took up the stories and gave the residents a chance to put their issues to the public.

Jock Plimmer has been busy as usual with numerous Tribunal hearings, the Central Coast has their fair share of Tribunal applications and Jock represents them professionally. Jock Plimmer has been busy as usual with numerous Tribunal hearings at both Gosford on the Central Coast and at Newcastle these have mainly involved excessive rent increases with some good outcomes for residents. At Kincumber Nautical Village one of the pleasing aspects of the past repeated applications opposing rent increases is, consequent on the March to March Sydney CPI at a 3% increase, the park owner has been more moderate with its rent increases .Broadlands Estate at Green Point, near Gosford has taken the same approach. The Shell Village residents  at Neath near Cessnock were successful in reaching an agreed settlement in conciliation at the Tribunal to improve the road and drainage within a strict time frame which if not honoured will give residents the right to return to the Tribunal to seek both economic and non economic compensation. At Tuggerah Village after a lengthy hearing last year, when the Tribunal decided that many of the existing park rules were either unfair or not in accordance with the Act, the park owner produced a new set of park rules some of which the residents still oppose with applications currently before the Tribunal.

Incidentally applications to the Tribunal are well on the increase this year with the Consumer Trader & Tenancy Tribunal registering a 100% increase in applications to the Tribunal throughout NSW for the nine month period ending March 2010. (From 731 applications to 1,448 applications).

Gary Martin represented the residents of Palms Oasis at Pacific Palms, south of Forster from ARPRA Mid North Coast Affiliate and successfully conciliated a two year agreement for the residents.  The Member was not able to hear the case as the rent increase notice was invalid because of the method of service and the park owner did not correctly word the rent increase notice also.   Conciliation results were that the rent increase for this year is $3.75 instead of the $5.00 requested by the park owner and that next year’s rent increase is Sydney CPI only.

Gary is also representing the residents of Woronora in the Sutherland Shire on behalf of the Illawarra Affiliate.  The park owner did not appear at the hearing listed last week, the Member put the park owner on notice and Gary is waiting for the next hearing date.  This park has lots of issues regarding the park owner complying with Local Government Legislation and the Residential Parks Act legislation.  The rent increase demand is $63.00 per week!!!

I represented residents of Retreat Village at Port Macquarie regarding waste water charges.  The outcome was that the park owner was ordered to refund just over $3,000.00 between 19 applicants who were able to prove the overcharge by way of invoices and receipts from the park owner and the applicants proving the correct water consumption cost.  The park owner has now adjusted his water consumption rate to the correct rate that does not include waste water.  The Residential Parks Act states that residents only pay for water consumption at the rate of a normal domestic customer.  Park Owners usually include waste water into that rate, under the Act this is not permitted.

Gary and I have been invited to the AGM of the Shoalhaven Affiliate on 8^th June, we will both attend.  This Affiliate has been working very hard during this past year and has achieved great outcomes for their members.  Congratulations to all and we wish the new committee success in the coming year.  A report of this meeting will be in the next newsletter.

Ron McLachlan from Port Stephens Affiliate represented residents of Middle Rock re park rules and OH&S. The Tribunal member declared the new rules invalid. There is also an issue with subsidence at the same park that Ron is addressing through the Tribunal Earlier this year, residents of Middle Rock lost an application on excessive rent, Ron was ill at the time and unable to represent them.  At Anna Bay Village Retreat Ron was successful in assisting a resident mediate on a breach of agreement regarding a visitor’s dog. The park owner at this park is also refusing to accept cheques for payment of rent, this matter is also before the Tribunal.

Andrea Robinson from ARPRA Shoalhaven represented the residents of Rest Point Garden Village at South Nowra with the results being that the park owners decided to reinstate the mowing and garbage collection.   There are still ongoing issues at this park regarding residents being charged a site premium at the time of entering the park.

ARPRA should have some news on the public liability insurance cover for the next newsletter.  We are currently in talks with an insurance company on this matter.  We are seeking legal advice on how to structure the association so that all affiliates can be covered in the one policy.

I travelled to Tweed Heads on Sunday 9^th May to assist a park that has received a $19.50 per week increase.  They are in the process of lodging applications to the Tribunal.  There are 205 homes on this park and in the past the park owner has only increased the rent by CPI (Australian) only.  I was able to advise the residents of their rights and how the Tribunal works, what orders to apply for and why they were applying for those orders.  99% of the residents attended this meeting. 199 of the 205 homes are applying to the Tribunal

As I was in the area, I paid a visit to our Affiliate at Cobaki, Roy assured me that all was well there, however, the very next day the park owner issued them with a $17.00 per week increase as they have just come off a five year fixed contract that allowed CPI increases only.  The park owner wants this increase so that he can “catch up” and then promised that the following 5 years would be CPI only again.  Roy has indicated that he will require our assistance to apply to the Tribunal if talks with Management fail.

The residents of Newport Village in Port Macquarie are preparing to lodge applications to the Tribunal on an excessive rent increase, the park owner has explained that he cannot operate his park on just CPI increase only, he needs more.  He also gave the residents who purchased homes when the park was first set up an extra increase so that over a 4 year period they can “catch up” to the higher rents that the newer residents are paying.  Park owners are setting artificial market levels within the park by this practice.   29 of the 31 residents will be applying to the Tribunal.

This is a busy time of the year for Tribunal applications as park owners tend to increase their rents in July.

It is now coming to light that a park owner in Port Macquarie at the time of building their parks connected the street lights to the residents electricity supply.  This practice is not permitted under the Residential Parks Act and our association will be assisting the residents of those parks to take the necessary action to ensure that the residents receive compensation by way of a refund for monies illegally paid under the Statute of Limitations Act that allows refunds back to 6 years providing the applicants have the necessary receipts as evidence of payment of these charges.

It amazes me that park owners continually ignore their responsibilities and expect the residents to pay for services that the park owner is clearly responsible for.  One wonders how many park owners are doing this.  We have one park owner on the mid north coast who opened a residents rubbish, found a prescription bottle (empty) with his name on it, photographed it and sent him a letter telling him to use the correct garbage bin.  We have park owners ignoring Local Government orders to remove parts from homes on their parks that are not permitted and they just ignore those orders.  The job of ARPRA is becoming increasingly more difficult with limited resources and manpower to visit all parks and ensure that the park owner is complying with legislation.  There are parks out west that have never had a visit from any association and are in desperate need of assistance.

As a matter of courtesy I would ask that ARPRA affiliate members respect the committee’s dedication and refrain from making phone calls to them on week-ends and limiting your phone calls to between 8.00am and 7.00 pm.  As ARPRA committee members spend a lot of time assisting residents be it at tribunals or by just giving advice during the week by doing ancillary work necessary to keep ARPRA and its Affiliates functioning effectively, it would be nice to be able to spend our week-ends with our families without interruption.  Unless the matter is extremely urgent, please wait until Monday to phone.

These last two months have been really busy for the ARPRA executive.  In early February Shadow Minister for Fair Trading Greg Aplin requested a meeting with me and Jock Plimmer who was unable to attend, Gary Martin took his place.  Gary’s previous experience in policy making is a great advantage to our Association and is an asset at these meetings.    Shadow Minister Aplin met earlier in the day with several Tenants Advocacy Services, PAVS together with Northern Alliance and Andrea Robinson from the Shoalhaven affiliate.  Greg is interested in our proposed changes to the Residential Parks Act regarding the onus of proof on rent increase matters, harassment (bullying) and fair compensation on park closures/change of use. His office has spent a great deal of time on research of these issues and has come up with several ideas.  Our Association will continue to liaise with his department in the coming months.

Shadow Minister Aplin was also involved in a Forum held in Batemans Bay on 15^th February 2010.  This Forum was addressed by Di Evans from PAVS, Andrea Robinson from the host affiliate (Shoalhaven) Kay Ransome, Chairperson CTTT,  Julie Lee from Illawarra Tenants Advocacy Service, Phil Nossiter from MHIA Insurance and Mr. Costello from Eurobodalla Shire Council.  This Forum was a great success with over 120 residents in attendance together with owners and management from Batemans Bay North Park whose attendance was not well received by residents from his park, however, I think that in the end, the residents managed to name and shame them.  The Shadow Minister spoke to several residents and heard their concerns regarding bullying and non-compliance with the Local Government Regulations for Caravan Parks.   ARPRA has since been informed by Eurobodalla Council the unhealthy water issues at Batemans Bay North Caravan Park are being addressed. A great result as these residents had been complaining to Council and the Park Owners for over a year.  One front page photo of Shadow Minister Greg Aplin holding up a jar of dirty water ensured quick action by those concerned.

The Executive Committee has been busy with Tribunal representations.  Jock Plimmer represented the residents of Kincumber Nautical Village on excessive rent increases, Gary Martin represented the residents of Crystal Waters Estate on an excessive rent application that the residents have received a reduction in the rent.  Although the amount ($4.50) is higher than we would have liked, it is a reduction. Gary is also meeting with the residents of Palms Oasis in the Forster area to assist and represent if needed in an application on excessive rent increase. Ron McLachlan represented the residents of Middle Rock Park on park rules which the park owner withdrew. It would appear that the CCIA is keen to impose the Occupational Health & Safety Act incorporated into park rules in order to cut down on the park owners insurance costs. Ron was successful on another matter relating to a visitor’s dog where the park owner claimed was a breach of the park rules.   Andrea Robinson from the Shoalhaven affiliate represented park residents on an excessive rent increase matter, however the matter was thrown out because of the rent increase notice being invalid.  Edgewater Holiday Park at Port Macquarie had their rent increase withdrawn by the park owner as it was invalid, however the Tribunal ruled that the previous rent increase notice was also invalid and awarded a refund on overpaid rents to those residents who had provided the relevant information on the overpayment.  The park owner was ordered to only charge his residents the domestic rate for water usage and not the amount that he was charging that included sewerage waste.    Four residents from the same park were awarded an order that the park owner cannot charge them extra to use the amenities as this is part of the facilities provided by the park owner. These four residents do not have their own toilet/shower facilities and the park owner was attempting to charge them more rent to use these facilities.  Colonial Waters at Harrington attended a hearing on 9^th March 2010 on an application on excessive rent.  Mr McMillan ruled that the rent increase notice was invalid, however, he urged the residents to conciliate which they did and have set in place a $3.00 increase this year and $2.50 next year.  The residents were happy about this decision. The residents were represented by Gary Martin.  The residents of Taskers Residential Village in Port Macquarie represented by Lesley Wakeling, had a win regarding excessive rent increase with increases of between $3.50 and $5.50 ordered by the Tribunal. The park owner requested increases from $6.00 to $12.70. The park owner was also ordered to reinstate the lawn mowing service to 12 residents who have a fixed rent increase term on their site agreements.  The park owner had stated that because they paid a lower rent than those residents who did not have a fixed term on their agreements, then he would withdraw this service.

Residents of two parks in Port Macquarie have conciliated with their park owners and have been successful in having the waste water charge being dropped as a result of previous Tribunal rulings.  Retreat Village park owner agreed to charge the correct amount for water usage and offered every resident a $25.00 refund towards the overcharge.   At this stage, I have no information as to how many will accept this offer and how many will challenge the full overcharge through the Tribunal.  Melaleuca’s park manager agreed to refund in cash the full overcharged amount.    We believe that a third park is to reduce their water charge also.  In all fairness to park owners in the Port Macquarie area, Port Macquarie Hastings Council has issued a letter to them telling them that they are able to charge $2.89 per kilolitre for water, however, the Residential Parks Act does not allow this.  There is no meter to measure the waste component and the amount of waste is a “guess” of 75% of intake.   ARPRA will write to Port Macquarie Council advising them of what the Residential Parks Act states.

Gary Martin I attended the Illawarra affiliate’s meeting on 27^th February, Gary addressed the meeting on how to best use the media.  We also spoke with residents from Jetties by the Lake regarding their concerns on their shared equity contracts.  Many of the residents from that park have grave concerns regarding the terms and conditions on their contracts.  As we have stated before, these contracts are heavily weighted in the favour of the park owner.  This meeting was very well attended and all indicated that they were kept up to date on what is happening regarding shared equity agreements and other matters.

We have date of 9^th August 2010 for the AGM, it will be held at the Gosford Leagues Club at 10.30 a.m.

Our homes for sale on the Web Site is dong extremely well, we have sold some homes and are getting new listings every month.  This site is set up to show your home at it’s best and give prospective purchasers a good idea of what your home looks like, both inside and outside.

Many issues pop up for the Committee to deal with on a regular basis such as the shared equity contracts at Jetties by the Lake Windang and Crystal Waters at Tuncurry.  Many complaints regarding bullying by park owners/managers, in one particular case, a resident was abused by the park manager because she wrote a letter to the managers regarding payment of fencing.  We have had reports of bullying from this particular park manager before.  All the more reason for our push to have park managers accredited.

Because of the behaviour of some park owners/managers it has been suggested that perhaps we should have a name and shame section on our web site.   There should also be a section for those park owners/managers who do the right thing by their residents.  Unfortunately, they do not get much of a mention as we are so busy with those who bully and ignore legislation and conduct their business in an unsavoury way.  However this may not eventuate due to legal issues and the chance of being sued.

We will be shortly be issuing Affiliates with their lobbying kits in readiness for the 2011 State Election.  It is important that each affiliate member supports ARPRA in this lobbying, we will get nowhere without your assistance.  You need to show the candidates that you are a voter and advise them that your vote will depend on what is best for you and your lifestyle.  It is Important to know that there are between 80, 000 to 90,000 residents living permanently in parks in NSW, that is a lot of votes. You can make a difference, and candidates need to know this.

Until next time

Lesley Wakeling

Lesley Wakeling JP

State President

ARPRA