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Where there is a park liaison committee (PLC), it is the responsibility of the park operator to ensure elections are held to select the tenant representatives. However it is an offence for a park operator to unduly interfere with how the tenant representatives are chosen and penalties apply to breaches of this provision.
In order to hold an election for tenant representatives the park operator must give each eligible tenant written notice including:
Where a residential park has 100 or less long-stay sites and nominations are received for five (5) or less nominees, those nominees are taken to be elected. Where six or more nominations are received, the five (5) nominees receiving the highest number of votes at the meeting are elected.
Where a residential park has more than 100 long-stay sites and nominations are received for eight (8) or less nominees, those nominees are taken to be elected. Where nine (9) or more nominations are received, the eight (8) nominees receiving the highest number of votes at the meeting are elected.
The vote is to be conducted at a meeting the park operator has invited all tenants to attend by giving them at least seven (7) days’ written notice.
Prior to undertaking the formal election of representatives, the residents should first agree on the number of representatives to elect. This will largely depend on the size of the park and will need to be of sufficient number to ensure the PLC can conduct its business in the absence of one or more members.
The vote must occur by a show of hands of those eligible to vote, unless a majority of the tenants present at the meeting agree to a secret ballot.
If two (2) or more nominees receive an equal number of votes, the park may hold another vote for the nominees with the equal number of votes. If the number of votes remains equal after the secondary vote, the election of a member may occur by random draw from the nominees with the equal number of votes.
In the event of a secret ballot, the park operator must keep the ballots for 14 days after the vote was held.
A long-stay tenant representative holds office for a term not exceeding two (2) years, but is eligible for re-election.
The removal from office of a member of the PLC can only occur by a vote at a meeting. The park operator must invite all tenants to this meeting by the giving of at least seven (7) days written notice. The vote is by a show of hands unless a secret ballot is agreed to by a majority of tenants present at the meeting.
A person ceases to be a member of the PLC if:
An election is required to fill a vacant tenant representative position.
The PLC may decide to elect office bearers. It is not required and may not be necessary. Members can choose to rotate the tasks for each meeting, including the chair and the minute taker, between them. The park operator or its representatives may be able to assist with some of the administrative requirements.
If a PLC decides to elect office bearers, the following recommendations may assist.
If elected, the role of the chairperson is to:
The chairperson should not be a park operator, a park operator’s representative or an associate of a park operator.
If elected, the role of the secretary is to manage the administrative requirements of the PLC. This includes:
The PLC may consider it appropriate for one of the park operator representatives to fulfil this function.
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