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28.—(1) A residents’ association is a qualifying residents’ association in relation to a protected site if—
(a)it is an association representing the occupiers of caravans on that site;
(b)at least 50% of the occupiers of the caravans on that site are members of the association;
(c)it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;
(d)subject to paragraph (c), membership is open to all occupiers who own a caravan on that site;
(e)it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;
(f)it has a chairman, secretary and treasurer who are elected by and from among the members;
(g)with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each caravan; and
(h)the owner has acknowledged in writing to the secretary that the association is a qualifying residents’ association, or, in default of this, the court has so ordered.
(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), each caravan shall be taken to have only one occupier and, in the event of there being more than one occupier of a caravan, its occupier is to be taken to be the occupier whose name first appears on the agreement.
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