Deferred Management Fees (DMFs)
Aslo known as Exit Fees
A Total Rip Off?
Purchasers of homes in a land-lease village are very likely to have included in their Site Agreements, a clause that requires them to forfeit a large percentage of their capital gains when they decide to sell and move out of the village.
Based on either the purchase or sale price of the home, the amount can be tens of thousands of dollars and is paid to the site owner even though the site owner has not contributed one cent to the upkeep or upgrade of the home.
MHOA has sent a submission to the Victorian State Government, requesting this abhorrent practice be ruled out, as is the case in other Australian states.
Legislative Changes to RTA 4A
Submission for Legislative changes to the Residential Tenancies Act 1997 – Part 4A
MHOA is actively seeking changes to the current legislation and formation of a separate Act for land-lease villages and a review and change to the sections of the current legislation which fail to meet the requirements of this housing sector and fail to provide acceptable protection of the rights of the homeowners.
Elder Abuse
Submission dated 13 September, 2022
Abuse of Older Australians Living in Manufactured Home Villages
“Elder abuse” is becoming a more widely recognised and publicised form of control by one or more human beings over another.
Manufactured Home Villages are an increasingly popular choice for thousands of older Australians and, sadly, elder abuse is not uncommon in these environments.
Unconscionable Contracts
Submission dated 9th December, 2022
Unconscionability Under The Australian Consumer Law (ACL)
The ACL deals with unconscionability under ss20 and 21. In ACCC v Get Qualified Australia Ltd (No. 2)[15] Beach J outlined the approach to be taken in order to understand the concept. He noted at para [60] that: ‘“unconscionability” means something not done in good conscience or conduct against conscience by reference to the norms of society’. The test is high. In determining whether conduct is unconscionable.
Retirement Village Review
Submission dated 27th April, 2023
Retirement Village Review
In April 2023, MHOA (Vic) forwarded a submission to the Retirement Villages Amendment Bill, from the perspective of the owners of homes in Victorian Land-Lease villages. While the Land-Lease villages are not covered under this Act, the issues being reviewed for this Bill, mirror similar ones experienced by the owners of manufactured homes.
