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:”
It’s okay to enforce reasonable rules, especially in common areas, where the community has a legitimate interest in maintaining the property, ensuring safety, and protecting the right of all residents to peaceful enjoyment of their homes.
State legislation requires manufactured home park and floating home landlords to amend Rental Agreements to provide for a Mandatory Mediation Policy (Oregon Revised Statute 90.767). The policy must include an explanation of the process and format for mediation and provide information on mediation services available. Statute currently calls for…
Take steps to enforce rules to prevent harassment or other misconduct by or against residents. If a resident complains about being harassed by other residents based on his race or other protected class, then you should take the complaints seriously. Fair housing experts advise that you should investigate the complaints and, if true, take action to…
It’s particularly challenging to handle requests for assistance animals by residents who’ve been caught violating your pet policies. The longer the resident has been breaking the rules, the more you may wonder whether he’s unfairly trying to pass off his pet as an assistance animal.
This article is informational only and is not intended as legal advice. Always consult with a competent attorney before undertaking any legal action.
The question often arises whether and how RV park landlords can change and update their park rules. For manufactured home parks, the answer is clear – landlords can issue a rule change notice that…
Focus on fairness and consistency when dealing with residents who break the rules. It’s unlawful to treat residents differently because of their race, color, religion, sex, familial status, national origin, disability—or any other characteristic protected under state or local fair housing law. That means you can’t single anyone out for breaking…
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…
Be prepared to handle requests for reasonable accommodations when residents are caught breaking the rules. It may sound like an excuse, but it should alert you to your obligations under fair housing law to provide reasonable accommodations to individuals with disabilities. The FHA requires communities to make exceptions to rules and policies as…
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…