The duties of a mobilehome park manager are not the same as a manager in an apartment complex. An apartment manager only has to keep the tenant happy, see that an apartment is ready for rent and approve a new renter. A mobilehome park manager must know the Mobilehome Parks Act, the laws concerning what must be provided under the terms and conditions of tenancy, and the Mobilehome Residency Laws, the tenancy rights of the a homeowners.
As per the Mobilehome Parks Act (Health and Safety code & Title 25) #118603: Resident Management: There shall be a person available who shall be responsible for the operation and maintenance of the mobilehome park In every mobilehome park with 50 or more units, the person responsible or his designee shall reside in the park and shall have knowledge of emergency procedures concerning utility systems and common area facilities under the ownership and control of the owner of the park.
Duties of the manager
Besides being responsible for the safe operation and maintenance of park and knowing the MH laws, the manager’s duties include collecting the rent, seeing that the park rule and regulations are enforced, approving a resale of homes, and signing in new residents.
Park problems that I have run into during my 25 years of advisory.
1. A Manager’s selective enforcement of park rules and regulations.
2. A manager gives approval to a homeowner and then there is change of ownership and the new manager issues a violation notice.
3. Homeowners receiving a park notice for something that was not a term or conditions of park residency, in their required written rental agreement.
4. A manager’s harassment, and intimidation when a homeowner tries to stand up for their rights.
5. Homeowners having problems with management at the time of wanting to resell their home investment.
6. Homeowners being coerced into signing a lease when the lease does not have the required written rental agreement provisions.
Dealing With Problems
My suggestions for avoiding or correcting problems
1. If permission is granted, anything is said that you disagree with, or there is a question of your rights, always request that it be in writing, then there cannot be a problem at a later date.
2. Always answer any park notice received. If you disagree give the reasons, and I recommend the answer be sent with a proof of service, then there can be no question that it has not been received. When you do not know the park owner’s address a copy of your answer can also be sent to the park owner, at the park address, with a proof of service.
3. Remember under MRL provisions a lease is a rental agreement, MRL 798.8, and 798.9: Homeowner is a person who has a tenancy in a mobilehome park under a rental agreement; therefore any lease is under the over fifty (50 ) MRL rental agreement provisions and under contract law for agreements.
4. Remember MRL 798.19 states” No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Article 1-8, inclusive. Any such waiver shall be deemed contrary to public policy and void. ( This would also include the MPA provisions).
5. The homeowner has a right to see that the Mobilehome Parks Act and the Mobilehome Residency laws are enforced without intimidation. Bane Act. “Whenever a person interferes by threats, intimidations, or coercion or attempts to interfere by threats, intimidation, or coercion with another person’s rights and interests.”
Donna Matthews. Donna can be reached through Mobilehome Magazine.