Disaster Planning - Reducing Risks in Your MH Community, RV Park and Floating Home Community

While setting up a disaster plan for manufactured home communities, rv park or floating home community,  be sure to include steps that would reduce the risk of damage or injury.  Here are some actions to consider:

 

  • Keep trees healthy and strong.  Remove dead limbs immediately, and cut back branches that overhang buildings or touch power or phone lines.

 

Family Disaster Plans

 

In addition to the plan you are developing for your manufactured home community, you should encourage each resident family to have its own disaster plan in place.  Residents should know what types of disaster could occur, and what they can do about each one.  A community newsletter is a good way to educate residents, and so are community meetings.

 

How to Comply With Fair Housing Law In Senior Communities - 7 Rules You Need to Know

Fair housing law generally prohibits discrimination based on familial status, but there’s a limited exception that applies to senior housing communities that qualify as “housing for older persons.” To qualify, senior housing communities must meet strict technical requirements. Unless they satisfy those requirements, communities may not enforce “adult only” policies or impose age restrictions to keep children from living there.

Phil Querin Article : Tips for Preparing Bulletproof Notices

 

Always Assume The Matter Will Go To Court

 

While most legal notices will have their desired effect – e.g. the tenant will pay the rent, or maintain the space, or do what is necessary to comply – there are a small number of tenants who will fight. Of those who fight, some will secure an attorney. Most attorneys know that the easiest way to win is to attack the notice for some deficiency. If the notice is legally insufficient, the landlord’s case will fail without any examination of the merits of the case. The failure to win in court oftentimes leaves management with an unmanageable tenant.

 

Accordingly, when landlords and managers prepare notices, they should always assume that the notice will be contested. This approach is the best protection landlords have in securing compliance in those cases where the tenant decides to fight.

 

What does it mean to draft a notice as if the matter will go to court? It means that someone – the judge or jury - will be scrutinizing the document. It means making sure that everything is filled out correctly before mailing or delivering it. It means using a form, if one is available, rather than hand-drafting a notice. It means making sure that the proper form is used. In some circumstances, it may mean having your attorney review the form before sending it out.

 

 

Phil Querin Q&A: Bad Tenant Applies for Temporary Occupant

Question:  A former tenant who signed over his mobile but left the Park with almost $8,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor’s home.  Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I’m afraid he will say he will be serving as a care giver for the current tenant.  What can I do?

 

Phil Querin Article: FLSA’s Minimum Wage and Overtime Protections (Commencing July 1, 2024)

Introduction.  The Fair Labor Standards Act (“FLSA”) generally provides that when most employees work more than a 40-hour week, they are entitled to additional compensation. Commencing on July 1, 2024 the Department of Labor (“DOL”) regulations will provide new eligibility standards for overtime pay.

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