A residential park can have one home owners' committee. The committee is formed by an election organised by home owners of the park. There usually is about 5 – 8 members.
A member of the committee holds office for no more than 1 year, but may be re-elected and may be removed, at any time, by special resolution at a meeting of the home owners.
A majority of home owners may adopt a constitution governing the performance of the committee and the committee must comply with it. The committee may determine its own procedures and form sub-committees. The committee can choose to use a constitution however they can also operate without one.
- Members must be elected (s100)
- There is no minimum and it constitutes a committee if 2 or more manufactured home owners (MHOs) are elected – MHOs can nominate themselves for HOC membership
- Park owner (or its representatives) by law, may not interfere with the formation of a HOC
- Park owner (or its representatives) may only attend meetings of the HOC by invitation
- preferably become incorporated for this will be required to obtain a liquor licence, and limit personal liability of committee members.
- arrange to give the committee a legal name of identity for all document matters, such as bank accounts and incorporation
- The HOC can set limits on its functioning and while it cannot dictate how park owners or other residents act, it is a powerful tool for causing adherence to the Act (s102)
- Determine who will nominate to be a HOC member
- Determine who will be Chairperson and Secretary
- Publish a notice of a meeting of MHOs in a manner which allows all MHOs to be aware of the time, place and purpose of the meeting e.g. park newsletter, on the park notice board or by distribution of notices to letter boxes
- Any interference with the process should immediately become the subject of a complaint to the OFT
- It is essential that a PO or its representative NOT be present at this meeting – if such occurs adjourn to a private home if numbers are small, or adjourn to a new time in a place outside the park
- At the meeting explain the purpose and function of the HOC (see below) and this should later be published in a manner that allows all MHOs to be aware of these, together with names of the HOC members AND the means by which the HOC should be contacted (as at arms length as possible)
- Send the PO a formal letter informing it of the elected HOC members and the means of contact
Purpose and Function of the HOC:
It IS NOT the purpose of the HOC to:
- Supplant existing social, or purpose developed committees or groups
- Dictate actions of PO or its representatives
- Dictate actions of MHOs
- Develop agendas to cause problems for the PO or its representatives
- Force MHOs to act in any manner with which they disagree or with which they are not comfortable
It IS the purpose of the HOC to:
- Hold regular, advertised meetings, at which MHOs (not on the committee) may express concerns and suggestions
- Assist any MHO who contacts the HOC when in need of advice or assistance with a perceived problem concerning any aspect of the park
- Write to the PO, in a businesslike and impersonal manner, if a request or complaint made to it is considered valid by the HOC, expressing the concern and asking that it be rectified
- Insist that a reasonable written reply is received within 21 days
- Put reasonable suggestions that would benefit MHOs to the PO
- Provide an “arms length” means by which MHOs can approach the PO or its representatives, without the concerns and anxiety often experienced in face to face meetings.