MHCO Legal Counsel

Phil Querin Article: Making (and Keeping) Your Rules and Regulations Enforceable

 

 

By:  Phillip C. Querin, MHCO Legal Counsel

The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted.  Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:”

Phil Querin Q&A: Use of Storage Agreements

Question:  A contractor has been buying homes in the community, placing them on Storage Agreement and flipping after improvements.  Can a park owner deny a contractor a storage agreement based on a previous bad track-record in the community - shoddy improvements, bad dealings with new purchasers etc.  Are there any grounds to deny a contractor a storage agreement?  Can the park owner increase the storage fee during the contract and if so with how much notice?  If the property is not being maintained, how does the park owner terminate the storage agreement?

 

Phil Querin Q&A: Landlord Pass-Throughs of Public Service Charges

 

Question: As a park owner we pass through the sewer and water charges to our residents. Currently, they are on 5-year leases, all expiring at various times. The leases address our right to pass through utilities. However, fire and police fees have been attached to the water/sewer bills we receive from the city. May we pass those additional fees through, and if so, how much notice must we give to the residents?

 

Phil Querin Q&A: Tenants Rent Tenders After Eviction Filed

Question: Landlord sent a 10-day nonpayment of rent notice to a resident.  The night before filing the FED the landlord called the resident to remind them to pay - hoping to resolve it before filing and paying the filing fee.  Landlord did not hear back from the resident, so he filed the FED and paid the filing fee of $143.00.  Several days later the resident shows up at the park office and offers to pay the rent.  Landlord refused to accept the rent tender since the resident would not also pay the filing fee.  Can the landlord decline the rent tender after filing the FED if the resident refuses to pay the filing fee? What happens in court?

 

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