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How do we start a residents' association?


I have been approached by the residents on our park home site about forming a residents’ association. As far as I can see there has never been one on the park before. Could you give me some guidance about how to set up an association. We have been taken over recently by new owners and we are a bit concerned as to what could happen. I buy the magazine regularly and have read many interesting points of view. As a result, we think that an association is a good thing.

Answer

I agree with you. A qualifying residents’ association would put all of the residents in a much stronger position.

To set one up, firstly note that any residents’ association must comply with paragraph 28 of schedule 1 to the Mobile Homes Act 1983. You will find information about this on the ‘notice board’ page of my website (www.phls.net). You might also, if you have not already obtained it, acquire a copy of the Government’s factsheet available on the website: www.communities.gov.uk.

If you do not have internet access, then you can call 020 7944 6226 and ask for a factsheet to be posted on.

In actual fact, there are no specific documents available to my knowledge covering all the practical aspects of forming an association. However, I believe the most important document is the constitution, which will be the rules of how the association will operate on a day to day basis, plus its aims etc.

In essence, it must provide a democratic system where those who support the association are given every opportunity to have their say in affairs affecting their rights and importantly their park.

I cannot over-emphasise that if you have any doubts about your new owners, and in particular whether they will willingly acknowledge any qualifying residents’ association you form, it is imperative you get the constitution right before proceeding any further.

If you need any direct help with any documents or a draft constitution, you can call our legal helpline on 01275 373762, fax 01275 371789, email specialist@phlslaw.co.uk or visit www.phls.net.

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