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:”

  1. Avoid Ambiguity.  When writing a rule, make sure that it is understandable.  If a court or jury were called upon to enforce it, would they be able to understand it?  Is it fair?  Is the rule capable of different interpretations?  Is it too vague so as to give little or no guidance to the tenant?  Avoid using general terms which are so subjectiv

DO Enforce Rules Governing Common Areas - DON’T Unreasonably Limit Children’s Activities

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.

Just make sure that the rules don’t unfairly target families with children—or anyone else protected under fair housing law. You may have legitimate concerns about outdoor play activities that could disturb neighbors or damage your property, but avoid rules that specifically target children’s behavior.

What You Need to Know About Oregon Mandatory Mediation and Dispute Resolution in Manufactured and Marina Communities Resource Center

 

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 establishment of an “Informal Dispute Resolution”, commonly referred to as voluntary mediation. Both aspects of mediation are viable; however, mandatory mediation compels parties to meet at least once and suspends any court action until completion of the mandatory mediation.

 

1. How to Initiate Mediation or Informal Dispute Resolution

DO Enforce Rules to Prevent Harassment, Maintain Safety - DON’T Ignore Accommodation Requests Related to Disruptive Conduct 

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 stop the harassment.

If a resident with a disability is harassing or otherwise threatening his neighbors, then you may take action, but only after considering the ramifications of fair housing law.

DO Consider Accommodation Requests for Assistance Animals - DON’T Refuse to Make Any Exception to Pet Policies

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.

However reasonable your suspicions, it’s necessary to set them aside and handle the request as a request for a reasonable accommodation.

Mark Busch: Changing Rules in an RV Park

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 allows tenants to vote on the proposed new rules (MHCO Form 60 – Notice of Rule Change).  However, there are no similar procedures in an RV park.

 

Rule changes for RV parks and other non-manufactured home tenancies are governed by

DO Apply Community Rules Fairly and Consistently - DON’T Make Exceptions for Residents Simply Because You Like Them

 

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 the rules because he—or his family members or guests—are members of a protected class.

Even when you have solid evidence that a resident has violated the lease or your community’s rules, he may try to turn the tables by questioning your motives. Unless you’ve applied the rules fairly and consistently, you could suddenly find yourself on the defense if it looks as though you’re acting in a discriminatory manner.

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