MHCO Legal Counsel

Phil Querin Q&A: Air Conditioners

Question: We have been informed by the State that it is illegal to have air conditioners in the windows of a home in our community. We are concerned that many residents in the community are unable to put a unit in a window that is not visible from the street or neighbors. Many of our residents are senior citizens that cannot afford to replace window units with portable inside units. As management can we allow air conditioning units in the window? Is there a state law governing this?

 

 

 

Phil Querin Q&A: Rules Changes in Manufactured Housing Communities

 

Question: In regards to rules changes, I see two problematic scenarios: (1) Parks that post a new rule in a common area that either overrides an existing rule or is an additional rule not covered in residents' current rules and regs; and (2) Parks that send residents a new set of rules and regs without providing any notice about resident opportunity to object to such new rules and regs. In both scenarios, management fails to give notice required under 90.610. In the first scenario, management not only fails to inform residents of their opportunity to object, they are not even complying with the basic notice requirement in 90.155since they are only posting in a common space where residents hopefully will see it. Can you comment?

 

 

 

Phil Querin Q&A: Pictures of Prospective Tenants

 

Question: We always ask for a picture of the prospective tenant and all occupants, their RV (if applying to our RV portion of the park), their pets, and the tow vehicle prior to looking at an application. Is this legal? If not, should I destroy all the pictures we have on file? Is it ever legal to have pictures of residents etc. in the files? Would it be better if we did it after the application was reviewed and accepted?

 

 

 

Phil Querin Q&A: Common Area Pass-Throughs

 

Question: We have submeters to all of the resident spaces in our community for sewer and water. But common area sewer/water was not submetered. We would like to do so now. We are planning to look at the trailing 12 months' numbers in each of these three categories, and dividing those numbers by 12 months, and then dividing those number by the number of sites in our community (175). So my question is: How much notice do we have to give our residents in order to pass this amount thru to them?

 

 

 

Phil Querin Q&A: Family Feud After Resident Dies

 

Question: A resident died last month in our community, leaving three adult daughters. Two of the daughters have been issued "No Trespassing" notices from management because of past bad behavior. One of the daughters barred from the community is the executor of the will. The manager has changed the locks on the home. The three daughters have demanded entry to remove items and provided our manager with the will. The daughters do not get along. What can our manager do? Set specific times for them to enter and remove items? The daughters are angry at our manager and each other - accusing the manager of removing items from the home as well as blaming each other. Last night they surrounded our manager and verbally abused her. What are the manager's rights? Does she have to let them on the property? Does she need to record everything that is removed from the home? How does she handle the two daughters who have been trespassed from the community?

 

Phil Querin Q&A: Late Rent Payment Agreements and Bounced Checks

 

Question: I have made an ongoing accommodation to a tenant that he can pay his rent on the 11th of the month. Because of a pension from the employer he retired from, funds are deposited to his bank on the 10th of every month. Earlier this month, we accepted his personal check and that check bounced. That is the 3rd time in the past 13 months that his rent checks have been returned to me. This tenant is otherwise a good resident, but the frustration has brought me to ask the following questions:

 

  • Have I created a problem for myself by agreeing to rent being due on the 11th of the month instead of the 1st of the month?
  • Is there an MHCO form that can address this problem?
  • Can I charge this tenant a late fee for bounced checks along with the NSF fee (This is not addressed in my park rules and regulations but is addressed in the MHCO rental agreement 5A)?
  • Can I insist that this tenant pay his monthly rent by Certified Check or Money Order?

 

 

 

Subscribe to MHCO Legal Counsel