Question:  Can management require of a resident selling their home in the community that the space be removed of all attachments and outbuildings that were added upon initial occupancy? E.g. the removal of all decking, sun rooms etc.?  What kind of notice does the landlord give while the home is up for sale with potential buyers are considering the home with these amenities?  Can the landlord restrict colors for the home and even restrict the size and type of fencing?  How does this all fit into the new law on disrepair and deterioration passed by the legislature in 2017 (SB277)?

In the diverse and varied lifestyles we are seeing in our manufactured housing communities today, resident relations can be a key element in helping to run a successful community.  Whether you own or manage an all-age community or a community for older persons (age 55 or over), the importance of good resident relations cannot be overestimated.

Question:        A landlord served a resident a 30 day notice (MHCO Form 43) for driving their motorcycle through the park and creating a lot of noise that disturbed the other residents.  The landlord served the resident (who was driving the motorcycle) with a 30 notice for violation of the rules.  Now that same resident is driving even louder through the park to spite the landlord.  What can the landlord do?  Can he evict sooner, since the same violation has occurred before the 30 notice expired?  How do you handle a violation within this 30 day period?  I understand that after 30 days you can give a 20 day notice (MHCO Form 44) that is non curable if substantially the same violation occurs again within 6 months. 

Question No. 1.  Our community recently had a rule that permitted street parking from 7:00 AM to 10:00 PM). The rule was changed and now prohibits any street parking at any time.  The reason for the new rule was due to the narrowness of the streets which prevented emergency vehicles clear access.  The rule change passed with no objections. Since the adoption of the new rule we have had a handful of residents and their guests who refuse to follow the new policy and a few residents who have hinted that they need a reasonable accommodation. 

The first reasonable accommodation request is from a resident who says it “inconvenient” for herself and her caretaker(s) to shuffle cars in the driveway.  The driveway accommodates two vehicles.  The resident has one car and the caretakers and they must park end-to-end.  Since the caretakers alternate shifts, there are only two vehicles in the driveway at the same time. 

One caretakers seems to abide by the rules but the other will not.  The caretaker who refuses to follow the rule says she is handicapped and has a handicap parking permit. She says we must allow her to park on the street.  Are we required to provide on-street parking spot for a nonresident, handicapped or not?  If there are two spots available in the resident’s driveway can they refuse to park in the driveway just because they don’t want to move vehicles and say that’s a reasonable accommodation?

Question No. 2. The other potential request for an accommodation is from a resident who only has room for one vehicle in her driveway because she installed a handicap ramp that took away her second parking spot.  The resident parks in the driveway and the caretaker parks on the street in front of the house because it is more “convenient” than using the guest parking which is a little walk away. 

If this resident requests a reasonable accommodation for her caretaker or herself to park on the street do we have to designate another street parking spot? 

It seems like both these requests are for the benefit of the caretakers not the residents. Do we have to accommodate the non-resident caretakers, handicapped or not, because it’s requested?    

Criminal background checks—always a popular issue.  Of course you can use them to screen prospective applicants, right?  You may be surprised.

The use of criminal background checks in the residential housing rental and lease application process has recently become a hot button issue.  Back on April 4, 2016, the U.S. Department of Housing And Urban Development’s (“HUD”) General Counsel issued a 10-page memorandum on “Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions” (“Guidance”). 

Q:        After filing a 72-hour notice for nonpayment of rent, the landlord obtained a judgement of restitution by default, since the tenant failed to appear in court.  The tenant has now abandoned the home.  Is it necessary for the landlord to have the sheriff issue a writ of execution at the home?