Part 3 of our series featured on AlamogordoTownNews.org discusses the rules and regulations pertaining to mobile home parks subject to the Mobile Home Park Act (MHPA).
It is important that you understand what is, or maybe isn’t an enforceable rule. Why?…
Park owners and managers sometimes issue rules and directives claiming their authority to do so is because “they own” the property, or claim their position as owner or manager entitles them to make such a rule or directive. Owning the property, or holding a management position has virtually nothing to do with what constitutes a legal enforceable rule under the MHPA.
Section 47-10-15. Rules and regulations: (MHPA)
The management shall adopt rules and regulations concerning all residents’ use and occupancy of the premises. The rules and regulations are enforceable against a resident ONLY IF:A. They are submitted to tenants for their comments sixty days prior to the rules being implemented;B. Their purpose is to promote the convenience, safety or welfare of the residents, protect and preserve the premises from abusive use or make a fair distribution of services and facilities held out for the residents generally;C. They are reasonably related to the purpose for which they are adopted.D. They are not retaliatory ordiscriminatoryin nature, except that all or any portion of the park may be designated for adult-only occupancy after a six-months’ notice to the residents; andE. They are sufficiently explicit in prohibition, direction or limitation of the residents’ conduct to fairly inform him of what he shall or shall not do to comply.
The key consideration is that a rule or directive from the park owner or management must meet all five (5) of the above listed conditions to be an enforceable rule. “B” and “E” are very important provisions that the rules must meet. If the rule or directive does not meet all five (5) conditions it is NOT an enforceable rule.