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Residents of Beauty Point caravan park say they are subject to restrictive rules

Residents of Beauty Point caravan park say they are subject to restrictive rules

Residents of a caravan park in northern Tasmania say restrictive rules, recent evictions and rent increases at the park are causing them constant anxiety and nightmares.

Beauty Point Tourist Park made headlines this year when it was investigated by the local council for potential non-compliance and for issuing eviction notices to three residents who allegedly “brought into disrepute » the reputation of the park.

Anne is one of about 60 residents the park calls “guests.” She has her own cabin but pays fortnightly site fees to management.

She uses a pseudonym to avoid any potential risk of expulsion if she speaks out.

At first, Anne loved living at the park.

“I walked in and said, ‘what a fantastic setting, what a fantastic location,’” she said.

“It’s not too big, it’s quite small, there aren’t a lot of vacationers.

“I could buy a cabin and own it, I would have my own place, but yes, I would have to pay rent, it was great.

“It wasn’t too expensive, $85,000… but to walk away from it is a lot to lose.”

There are about 60 residents of Beauty Point Tourism Park in northern Tasmania. (Facebook: Beauty Point Tourist Park Residents Association)

Anne regrets not having left the park even though she considered doing so a few years ago.

The park has not allowed residents to sell their cabins and caravans on site since February this year – when West Tamar Council said it was investigating allegations of long-term residence at the park.

And this, even though the park has welcomed long-term residents for decades. He argued to the ABC that there were no permit restrictions on how long guests could stay.

From now on, residents must take their homes with them when they leave, or risk having them destroyed.

Anne’s cabin isn’t portable like a caravan, so she said leaving would mean losing her home completely.

Residents at Beauty Point Tourist Park have been unable to sell their cabins and caravans on site since February, when West Tamar Council said it was investigating allegations of long-term residence. (Provided: Tourist Park Residents Association Facebook/Beauty Point)

New park rules described as “draconian”

In July this year, the park introduced new rules described as “draconian” by the park’s residents’ association on social media.

A rule states that guests of residents are not allowed on site between 9 p.m. and 7 a.m.

Anne said her son had previously stayed with her while she recovered from surgery.

She needs a follow-up operation, but her son will no longer be able to stay with her under the new rules.

“I postponed my surgery because we can’t have anyone here after nine at night,” she explained.

The regulations stipulate that the park management can change the site rates at any time.

In October, residents were informed that pitch fees would increase from $162 to $213 per week starting in January.

In the notice, park management said the increase reflected market and local conditions, and said the fees remained at the lower end of the caravan park scale.

No visitors are allowed at Beauty Point Tourist Park between 9 p.m. and 7 a.m. (Provided: Tourist Park Residents Association Facebook/Beauty Point)

For Anne, the increase is difficult to take.

“I have a pension, I’m not a self-funded retiree,” she said.

She thinks the park is trying to drive people away.

“(The park) keeps harassing us with all these rules and regulations,” she said.

The park’s general manager, Joshua Manticas, denied this information.

“The conditions are in no way designed to move people forward,” he said.

“These are standard terms and conditions that you will find at any tourist park in Australia. There is nothing new or strange about the rules themselves,” he said.

“You feel anxious all the time”

Maria is an elderly resident who has lived in the park for over a decade.

She also uses a pseudonym to avoid any risk of expulsion.

Maria said life in the park was “gradually getting worse”.

She said she needed to make the necessary modifications to her home, but the park refused permission.

“It’s beyond a joke,” she said.

Mr Manticas said only emergency and urgent repairs were permitted, due to the compliance inquiry raised by the council.

“What people need to realize and understand is that this is our business and our land, and they are just our guests in a trailer and an annex,” he said.

“We allow emergency and time-sensitive repairs, but we do not allow modifications.

“We are still in contact with the council on a number of issues.”

For Maria, living in the park has become stressful.

“I’ve had nightmares and you feel anxious all the time,” she said.

“You feel so helpless.”

Supreme Court issues temporary injunction to stop evictions

John Lowe formed the Beauty Point Tourist Park Residents Association in March this year.

He raised concerns about the management of the park on social media and advocated to the media and politicians for the legal rights of residents of the caravan park.

Shortly after the new park rules took effect, he and two other residents received eviction notices.

John Lowe formed the Beauty Point Visitor Park Residents Association earlier this year. (ABC News: Ashleigh Barraclough)

One of the park’s new rules states that visitors must “not act in a manner that brings the park or our staff into disrepute, or in a manner that brings their reputation into disrepute.”

In a letter to other park residents, Mr. Manticas claimed that those evicted had “been actively engaged in a personal smear campaign against our directors.”

“On multiple occasions, they leaked private information about our directors to other people,” he said.

“Furthermore, they made what may be considered defamatory references to members of staff and directors.”

Mr Lowe decided to take his case to the Tasmanian Supreme Court, which issued an urgent temporary injunction preventing his eviction or the destruction of his property.

Outlining the reasons for the decision in a court document, Associate Justice Michael Daly said the case had “serious issues to be decided”.

Following this decision, two other evicted residents also successfully requested a temporary injunction.

Three park residents who received eviction notices successfully petitioned the Supreme Court for temporary injunctions preventing their eviction. (ABC News: Ashleigh Barraclough)

Tenants’ union calls park rules ‘concerning’

Tasmanian Tenants Union senior counsel Ben Bartl said people living in caravan parks who rented out their caravan or cottage within the park were covered by the Residential Tenancies Act.

But the residents of Beauty Point Tourist Park own their homes and therefore have no legislative rights.

“We believe there need to be more meaningful and substantial protections for long-term residents of caravan parks,” Mr Bartl said.

“In general, we are talking about disadvantaged people, that is, people who cannot afford to rent accommodation in the private rental market and who risk becoming homeless in the event of eviction.”

Ben Bartl says protections for long-term residents of caravan parks need to be more substantial. (ABC News: Luke Bowden)

Mr Bartl said new rules imposed by Beauty Point Tourism Park, allowing evictions without cause, restrictions on visitors and unlimited rent increases, were concerning and would not be allowed under the Conservation Act. residential tenancy – which does not apply to park residents.

Mr Manticas said that in practice the park was already applying “some of the best principles of the Residential Tenancies Act”.

“Right now, we generally give people plenty of notice if they need to leave,” he said.

“We limit the surcharges we charge on our caravan pitches on an annual basis.”

Lobbying for legislative rights

Tasmania is the only Australian jurisdiction that does not have legislation regulating long-term living in caravan parks.

There have been numerous calls for legislation to establish the rights and responsibilities of caravan park residents and owners, including from the Tenants’ Union, Beauty Point Tourist Park residents and Mr Manticas.

In May, the state government said it had heard the concerns and was committed to consultation to determine whether Tasmania needed legislation and what it might look like.

The community consultation has now concluded and Consumer Affairs Minister Felix Ellis said he was considering the comments.

Anne said she hoped this would lead to change.

“It doesn’t just protect us here, it’s all of Tasmania. What’s taking them so long?”