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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in a mobil home park 55 older the owners of the park

Customer Question

I live in a mobil home park 55 older the owners of the park want to charge 30 extra each month for lawn care I don't want there company doing mine so the hoa voted 33 to 44 in favor of the lawn mowing I don't want it I was told I will have to pay it and let them mow what's my rights
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you saying that the vote was 33 in favor, 44 against? or the other way around?

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What do your Bylaws state about how new rules have to be passed?

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Do you rent your space from the owner of the park and own your home?

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Is this a HOA made up of the tenants in the park?

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thanks

Barrister

Customer: replied 1 year ago.
33 against yes the hoa is residents in park and we own the mobil home rent land
Customer: replied 1 year ago.
By laws don't no
Expert:  Barrister replied 1 year ago.

Ok, I hate to say this, but if it is the owners of the park who are increasing the fees to cover more landscaping, then they can legally do so to tenants who aren't under a written fixed term lease.. If someone is under a fixed term lease, like a year, then they wouldn't be able to modify it until it expires because it can't be changed without permission of the tenant during that term.

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But if there are tenants who are month to month, the landlord can change the terms of the tenancy with a 30 day notice.

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Unfortunately the fact that the tenants have established a HOA to govern themselves wouldn't have any binding effect on the landlord even if they had all voted "no" on the rule.

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So at this point, all residents would be obligated to pay the increased fees once proper notice was given or face being in violation of park rules and subject to eviction..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
But we have life time lease and there charging as a service fee after lot rent so it's seperate
Expert:  Barrister replied 1 year ago.

Honestly, I am not sure what you mean by a "lifetime lease"... Most leases are for a fixed term...1 year, 6 months, 5 years, etc.

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If your lease doesn't have a specific duration, then legally it is a month to month lease unless you have something in writing that states differently. That means that they can change the terms with a 30 day notice at any time..

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thanks

Barrister

Customer: replied 1 year ago.
249 a month life time lease with no more than 10 percent CPI increase as long as we own the home
Customer: replied 1 year ago.
10 percent per year
Expert:  Barrister replied 1 year ago.

Ok, then I think you have a better argument that you are under a fixed term lease that is similar to a "life estate" where you have the right to stay for your lifetime as long as you comply with the rules that were put in place when you entered into the contract.

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With that said, you would have to review your contract with the landlord to see if they have a clause that states that they can increase your fees due to increased maintenance costs. They may have such a clause because all maintenance costs will rise over time. That is unless they have already built this increase into the CPI increase.

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If they don't have anything in your contract with them that allows them to increase the lawncare or maintenance fees, then you can legally refuse to agree to pay it and continue taking care of your own yard. If they try to bully you into paying, you can demand that they give you written proof of their authority to increase the costs or you aren't paying.

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thanks

Barrister

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