When the United States Supreme Court hears and decides cases involving property rights, it is, of course, national news. However, any and all cases that eventually make to the United States Supreme Court begin with a trial court decision. Property rights have been an...
Year: 2014
Fair Housing Amendments Act May Require Financial Accommodation To Prospective Homeowners With Disabilities
A significant factor in qualifying a prospective homeowner for community residency is an applicant's demonstrated ability to satisfy the community's income standards. Yes, a community may set financial criteria for residency without running afoul of...
Faithful Companion vs. Service Animal – What’s the Big Deal?
If your park rules and regulations do not currently address pet restrictions and pet conduct rules, amend them. Enforce your pet rules in a consistent, but nondiscriminatory manner. Why do this? If your rules are unclear, then you may leave yourself open for potential...
Effective Use Of Workplace Violence Petitions In Your Community
Manufactured Home Communities (MHC) are typically very nice communities in which to live and work. Everyone gets along and residents embrace community policies, community management, and the relationship between the residents and the employees is one of cooperation...
Rule Enforcement Effective Use Of Seven Day Notices
In California, for parks with residents who are not complying with the park's rules and regulations, the Mobilehome Residency Laws, California Civil Code § 798 et seq. ("MRL"), provide park owners and managers with tools to effectively enforce the park's rules and...
Substantial Annoyance As A Basis For Eviction
Park residents are constantly complaining to Park owners or management about how "annoying" their neighbors can be at times. Park owners can address the majority of these situations through friendly informal notices. However, if a homeowner or resident's conduct...
State Law Vs Federal Law Is The Grass Greener
Many manufactured home communities are located in states that have legalized, decriminalized, or provided for the medical use and possession of marijuana. California was the first state to establish a medical marijuana program, enacted by Proposition 215 in 1996 which...
Potential Liability Alert Free Wi Fi And Copyright Infringement Claims
Wi-Fi is everywhere and much of the time it is offered for "free." Starbucks offers it. So, too, does McDonald's. In fact, you may even be offering it yourself. And, while many businesses understand that it is a great way to bring in new customers and business, many...
Broker Communications And Claims Against Insurers
Mobile home parks typically carry liability insurance. Most policies are placed through a trusted insurance broker. When a claim or a lawsuit arises, the natural reaction is to contact the broker about tendering the matter to the insurer for coverage. After all, the...
Keeping Your Promises A Modern Day Tale
The foundation in the United States for commercial business, between consumers and retail sellers, as well as between business owners, is the sacrosanct idea that a promise in a contract is to be performed. The underlying expectation is the basis for all of our...