This isn't as complex or ominous as it may sound. There some legal things that your HOA might have to deal with in its regular course of business, and we want to talk about some of them here:
From time to time (as often as annually) your owner might request a rent increase. The HOA is the organization that is best suited to respond to the rent increase request with negotiations on behalf of the residents. Though it is the right of the residents of any park to pick their own representative, a member or designate of the HOA is usually the representative.
The representative is also the one designated speaker on behalf of the residents at the Rent Review Board Hearing. It would be best that the representative that is chosen is able to communicate well with the owner's representative in negotiations and speak well at the Public Hearing. If your HOA does enter into your first Rent Increase Hearing, CEMV is happy to work with your group and provide guidance.
Annual Notice of Intent to Purchase
In accordance with Section 798.80 of the Mobilehome Residency Laws (MRL), when a park owner intends to sell a park, they must provide written notice "(n)ot less than 30 days nor more than one year prior to...entering into a written listing agreement with a licensed real estate broker..." The exceptions to this rule is where the resident organization has not furnished the park owner or park manager a written notice of the park residents intent to purchase the park if ever sold and the names and addresses of the president, secretary and treasurer of the resident organization.
The easiest way to handle this is to use the example of the letter that Imperial HOA sends to its owners annually. This might seem to be "overkill", but there are reasons to establish this type of communication.
- This is a fast and easy way to begin a structured conversation among owners, managers and park residents.
- This notice helps to keep owners honest. This might not be a problem, but it will help to keep the lines of communication open and honest.
- Along with notice of selling the park, if the owner chooses to "convert" the park into "condos", then the established HOA is, by law, the group that the park owner must negotiate with.
