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Phil Querin Q and A - Home Not Removed - Storage Agreement About To Expire

Question: A community owner entered into a Storage Agreement on a home in early January 2014. The agreement provides that the home must be removed by November 30th if it does not sell. We are now approaching the end of November, and the community owner does not believe the home will be sold by the end of this month. What's next? Does the community owner take the homeowner to court? Doesn't the landlord have to give one year to the home owner? [1]

Phil Querin Q and A - Home Not Removed - Storage Agreement About To Expire

Question: A community owner entered into a Storage Agreement on a home in early January 2014. The agreement provides that the home must be removed by November 30th if it does not sell. We are now approaching the end of November, and the community owner does not believe the home will be sold by the end of this month. What's next? Does the community owner take the homeowner to court? Doesn't the landlord have to give one year to the home owner? [1]

Important Provisions To Consider In Your Rules and Regulations

Community Rules and Regulations along with your rental agreement are critical for the successful operation and management of your manufactured home community. Here are some provisions that should be part of your community rules. Remember, good rules are the first step in maintaining an orderly relationship with your residents. You must also apply and enforce the rules consistently and fairly.

Here are some suggestions:

Important Provisions To Consider In Your Rules and Regulations

Community Rules and Regulations along with your rental agreement are critical for the successful operation and management of your manufactured home community. Here are some provisions that should be part of your community rules. Remember, good rules are the first step in maintaining an orderly relationship with your residents. You must also apply and enforce the rules consistently and fairly.

Here are some suggestions:

Phil Querin Q and A - How do we get a resident to remove trees they planted?

Question: We have a resident who has about 40 cottonwood trees in her yard. She planted them some time ago. The trees are all about 50 feet in height and very overgrown. I'm pretty sure they've never been trimmed or maintained. We have had complaints recently from a neighbor that they are concerned with the safety of those trees in a storm. We had an arborist inspect the trees and he deemed them a safety hazard and recommended taking them all out, as trimming would only escalate the growth speed of that species of trees.

How do we get the resident to remove all of her trees? My interpretation of the law is that because she is the person who planted them, she is responsible for the maintenance and/or removal of the trees. Is that correct? What if she sold her home and then we wanted the new resident to remove the trees? Could the new resident avoid having to incur the cost of removal because they did not plant them?

I spoke with my insurance agent and they assured me we're not liable to any damage done by a tree falling as that is an act of God. So I guess my follow-up question is, why would we need to demand someone to remove or trim a tree for safety issues if we're not liable for it?

Phil Querin Q and A - How do we get a resident to remove trees they planted?

Question: We have a resident who has about 40 cottonwood trees in her yard. She planted them some time ago. The trees are all about 50 feet in height and very overgrown. I'm pretty sure they've never been trimmed or maintained. We have had complaints recently from a neighbor that they are concerned with the safety of those trees in a storm. We had an arborist inspect the trees and he deemed them a safety hazard and recommended taking them all out, as trimming would only escalate the growth speed of that species of trees.

How do we get the resident to remove all of her trees? My interpretation of the law is that because she is the person who planted them, she is responsible for the maintenance and/or removal of the trees. Is that correct? What if she sold her home and then we wanted the new resident to remove the trees? Could the new resident avoid having to incur the cost of removal because they did not plant them?

I spoke with my insurance agent and they assured me we're not liable to any damage done by a tree falling as that is an act of God. So I guess my follow-up question is, why would we need to demand someone to remove or trim a tree for safety issues if we're not liable for it?

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