Park management may never require upgrade repairs or improvements for a mobilehome that remains in the park unless all three of the following conditions are met:

Condition No. 1:  The repair or improvement is to the mobilehome, its appurtances, or an accessory structure that is not owned and installed by the management, unless the damage has been caused by the actions of negligence of the homeowner;

Condition No. 2:  The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or  regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes; and

Condition No. 3:  The repair or improvement relates to the exterior of the mobilehome, its appurtances, or an accessory structure that is not owned and installed by the management.

In summary, the legal ability of park management to require “upgrades” for mobilehomes that will remain in the park is entirely dependent upon the park management being able to establish the violation of a local ordinance or state statute or regulation relating to mobilehomes that would occur if the “upgrading” were not accomplished.

 

Stuart Parker, Esq.

Attorney at Law

smp@stuartmparker.com