15 May Mobile Home Park Law California: Park Rules
Rules are, of course, essential in operating a park, and the Mobilehome Residency Law allows for different ways of enforcing rules and regulations, provided that the park owner can show his or her rules and regulations are “reasonable.” The first task in really reviewing your park rules is to determine if they are indeed “reasonable,” and something you can defend in court later if you try to enforce them. This is why you should be in consultation with a mobile home law attorney to review your rules.
In reviewing a park’s rules, be sure you and your mobile home law attorney look at several things:
First, is the rule supported by any law – a statute or ordinance or a government regulation that supports why we have this rule attached to our rental agreement? Be sure you are in compliance with mobile home park law California.
Second, determine why the rule is necessary. Is the speed limit or a rule regarding the use of the pool and clubhouse necessary to protect the health and safety of the residents? Also make sure the rule is understandable. You don’t want a situation where you are in court in front of the judge and the resident says he couldn’t understand the rule, causing the judge to be confused as to what the rule means. A confused judge is not helpful.
Finally, look to see if this is really a rule the park will enforce. If it’s unlikely the park may enforce the rule, you should probably not have it. Especially since you may end up enforcing the rule only occasionally against one or two tenants — and then you may be accused later in a lawsuit of not enforcing the rules equally among the residents, or that you are somehow discriminating against a tenant in the way you selectively enforce the rules.
Park rules should appear to you to be as reasonable and straightforward as possible. Periodically review those rules to see if you want them updated or changed. Laws change periodically – your mobile home park law California attorney will be able to keep you and your rules up to date on current law.
What about the problem resident who does not play well with others, or at least doesn’t think the rules apply to him or her? Obviously, enforcement of the rules starts with your park manager. Park managers should be trained on how to handle rule violations. It’s critically important that your park managers document, document, document the file. This cannot be overstated.
This means that if the manager gives a verbal warning to a tenant, they need to document the conversation in the file so that the park manager can say later in a signed declaration that on such and such date, the following violation occurred.
Owning a mobile home park isn’t easy. You want to provide the right atmosphere for your residents, and have a peaceful community. Setting up your rules and regulations correctly from the start is a key to that happy environment. Consult with the team at Lawyers for Landlords today to discuss your legal needs regarding mobile home park ownership and management. We have decades of experience to assist you in running your park in the best way possible, avoiding complications down the road.