Popular over 50s resorts packed with paperwork

Over 50s resort living arrangements come under the Manufactured Homes Act, and deal with ownership (theoretically) of relocatable homes within a manufactured home park.

The term “over 50s resort” is really a marketing term and doesn’t have any legal definition or meaning.

The crucial difference with manufactured homes is that unlike a retirement village unit, you actually own the home in which you live.

Retirement village units are held as leases or licences.

With manufactured homes you do not own the land and pay a site rental to place your home on the land owned by the operator.

Usually the site rental payment would be higher than the service fees payable for a comparable level retirement village unit.

There are a series of differences between a manufactured home and a retirement village arrangement.

Some of the major differences are:

 Retirement Village        

> You don’t own the home

> You pay service fees

> Usually no capital gain

> Significant exit fees

> Focus on community

> Usually more expensive to “buy”

 Manufactured Home

> You own the home

> You pay site rental

> You get the gain on the home

> No exit fees

> Limited community engagement

> Usually cheaper to buy

In 2019, the State Government brought in significant changes to the legislation in relation to manufactured homes, introducing greater transparency for purchasers, but also very detailed forms to be disclosed.

The forms 1A, 1B, 1C and 2 that must be reviewed, digested and signed can often run to more than 100 pages all up.

Accordingly, the government strongly recommends prospective purchasers obtain experienced independent legal advice prior to entering into this complex contract documentation.

 Don Macpherson is founder of Sunshine Coast and Brisbane Elder Law, experts in the complex documentation required when purchasing a manufactured home. Call 1800 961 622 or visit sunshinecoastelderlaw.com.au or brisbaneelderlaw.com.au