The Leasehold Advisory Service’s Antony Tregenna explains the correct legal procedure you should follow in order to establish a Qualifying Residents’ Association
This article describes the conditions and steps that are required to set up a Qualifying Residents’ Association (QRA).
A QRA can operate in a number of ways including consulting with the park owner about issues which are affecting the residents on the park and arranging social activities.
HOW DO YOU FORM A QRA?
It would be advisable to arrange a meeting with other residents to obtain interest in forming a QRA.
Once this has been established, it would be important to consider the conditions. These are set out within the Implied Terms of the Written Statement. Implied Terms cannot be changed in law and are binding between the park owner and the resident.
● The QRA must represent the interests of residents on the park.
● The membership of the QRA must be open to all residents who own a mobile home on the park.
● The membership of the QRA must comprise of at least 50 per cent of residents who own mobile homes on the park.
In establishing the percentage of residents in the QRA, each mobile home is to be taken as having only one resident. If there is more than one person living in a mobile home, it is possible for both of the residents to join the QRA but the individual whose name appears first on the written statement is the relevant individual for the purposes of establishing the 50 per cent.
● The QRA must have no link to the park owner. In particular, the park owner, any employees on the park, agents or family members of the park owner cannot be members of the QRA. This is an important condition to consider in circumstances where a resident may assist a park owner by acting as a warden on the park.
● The QRA must keep an up-to-date list of its members which is open to public inspection. This means that the park owner is entitled to receive a copy of the membership list.
● The QRA must have a constitution. The British Holiday & Home Parks Association (BH&HPA) has prepared a model constitution which should be adopted by a QRA to ensure that it meets the relevant criteria.
If you require any further information, please do not hesitate to contact LEASE’s telephone advice line on 0207 832 2525. This article is not meant to describe or give a full interpretation of the law; only the courts can do that. If you are in any doubt about your rights and duties then seek specific advice. The law discussed covers matters pertaining to the English jurisdiction.
To read more about this issue read the February 2017 issue of Park Homes and Holiday Caravan
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