Qualifying Residents’ Association – Park Law
The Mobile Homes Act 1983, when it was amended in 2006, introduced an obligation on the part of the park owner to consult a Qualifying Residents Association (QRA), if one exists on the park, in certain prescribed circumstances.
In this blog, we share the answers to some frequently asked questions.
What is a Qualifying Residents’ Association?
A QRA is an association which represents homeowners on the park, generally referred to as ‘occupiers’. A QRA has certain rights such as the right to be consulted on proposed changes to the operation or management of the park.
Who can join a QRA?
Members of a QRA consist of occupiers of mobile homes on the park. The park owner and their agents and representatives cannot join the QRA.
How is a Qualifying Residents’ Association formed?
The QRA has an obligation to ensure that it meets the conditions to become a Qualifying Residents Association, which are set out in the Mobile Homes Act. If they do not meet the conditions, then it is not incumbent on the park owner to consult with the Association.
When a Residents’ Association considers it meets the conditions to become a QRA, it must write to the park owner seeking recognition as a QRA, explaining how it meets the conditions of qualification.
The park owner is entitled to request to see the Association’s constitution, rules and membership list before deciding whether to acknowledge the Association as a QRA. If the Residents’ Association meets the qualifying criteria, then the park owner must recognise it as being a Qualified Residents’ Association and consult accordingly.
What are the conditions to be become a QRA?
- A QRA must consist of at least 50 percent of occupiers of the park. One occupier per mobile home is counted for this purpose, although more than one occupier per mobile home can become a member.
- It must maintain a list of current members which must be made available for public inspection, together with the Association’s rules and constitution.
- It has a chairman, secretary and treasurer who are elected by and from among the members
- It has been recognised by the park owner formally in writing or in the absence of such, has been determined as being a QRA by the Tribunal.
In what circumstances must a park owner consult a QRA?
A park owner must consult a QRA about:
- Any matter relating to the operation or management of the park, for example, a proposal to introduce, amend, or delete park rules.
- Any improvements to the park.
If you have any further questions about Qualifying Residents' Associations or park owner obligations, please contact our Park Law specialist, Melanie Burton on 01752 292358 or firstname.lastname@example.org.