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The following is an excellent article on the
Request for Consent to ASSIGN a Manufactured Home Site
Tenancy Agreement (RTB-10)
(RTB-10) No rent increase for the New Tenant. Frequent rent increases can result in a Landlord asking to have rent parity within
the park, for all Tenants. The Landlord MUST reply in writing accepting the Purchaser or with one or more of the Five Valid Reasons on the RTB-10 form (item 9) to refuse the
Purchaser, and this can avoid costly delays.
I strongly recommend that you follow all of these steps when you decide to sell your home.
- Contact Management and arrange for an inspection of the outside of your property in preparation for the sale.
DO NOT engage in any discussion with the Landlord/Management regarding the demands, but insist that they
are given to you in writing. DO NOT ARGUE but INSIST that the repair request must be in writing and be dated. **Allowable repair
requests are only for safety issues. Those are mandatory and should be completed before listing your home.**
- Contact a Realtor to handle the sale of your home, inform the Realtor that you want to use the "Request for Consent to ASSIGN a Manufactured Home Site Tenancy
Agreement" (RTB-10) form. Make it clear that you require them to assist with all aspects of the form including: completing all the prescribed
steps of the form and the immediate physical delivery of the form to the Landlord/Manager, allowing enough time for the Landlord/Manager to reply (10
days). Be sure that the Realtor understands that the delivery of the form does not include the Purchaser meeting with the Landlord/Manager, as laid
out in Step 8. If the Realtor will not agree to do this, do not use them!! Find a Realtor that will.
HOME OWNER'S AND AGENT'S RESPONSIBILITY CLARIFICATION
- The Homeowner completes Section A to E on the form, with your Agent's assistance.
- When an offer is made to purchase your home this form is sent to the Purchaser's Realtor with the other documents required re acceptance of the offer.
- The Purchaser completes Section F (two pages) and it is returned to you via your Agent with their offer. If the Purchaser has privacy concerns, have TWO
COPIES returned to you in a sealed envelope (one for you and one for Management).
- If you are accepting the offer: it is your responsibility to oversee and ensure the immediate delivery of the completed form to the Landlord/Manager by the Realtor.
- Keep a copy of the completed form as a record re date of delivery to the Landlord/Manager.
- If there is a Landlord/Manager in the same area as the park, your Realtor should physically make every attempt to do an immediate delivery of the completed form (RTB-10) to
the Landlord/Manager, and record date and time served. DO NOT EMAIL, FAX OR MAIL TO THE LANDLORD/MANAGER. If it cannot be physically delivered to the Landlord/Manager then
immediately send it by Registered Mail, this will give you a confirmation of delivery.
Once you have received delivery confirmation start the 10 day count to the acceptance date.
This form forces Management to Assign the Tenancy to the Purchaser without meeting the Purchaser. The Purchaser will contact the Landlord/Manager on
the 11th day after delivery of the FORM, not before. Have your Agent advise the Purchaser's Agent of the date.
The form ensures that the Management must complete page 5 of the form and return it to the Homeowner in 10 days with reason and proof, for denying the request to accept the Purchaser,
or to state they have accepted the Purchaser. If the Homeowner does not receive the form back from the Landlord/Manager, the tenancy is considered given.
- Five valid reasons for refusal of a new Purchaser:
- Negative credit rating. This must include written proof of bad credit.
- References indicate the tenant is unlikely to comply with the Tenancy Agreement. This must include written proof.
- Unlikely or unable to pay rent. This must include written proof.
- Does not intend to live in the park.
- Every reasonable effort has failed to contact the references. This must include written proof, including dates and times attempts were made to contact your references.
- Quote from the form re instructions to the Park owner or representative, "If the Homeowner
does not receive your response by the end of the 10th day, your consent to
this request will be conclusively deemed to have been given".
The writer of this article states: "I am available to answer any questions you may still have after you have educated yourself.
If any of the steps have not been followed, I will have no way of being of any assistance with any problems that arise".
The article was written by Holly Ross, a P&DMHOA Director and Park Rep in Peach Cliff Estates, 250-809-4966 or
This is the link that will allow you to download and print the RTB-10 form.
THE FOLLOWING IS A
COMBINATION OF ANSWERS TO QUESTIONS ASKED AT THE OLIVER GENERAL MEETING AND THE
ANNUAL GENERAL MEETING.
The figures quoted have not been independently verified.
Advice was given by the Executive at the meetings, which applies to all parks,
not to sign a new tenancy agreement because the Tenancy Act does not require
it. The new park owner may change the park rules but must allow 14 days
for the change to take effect. If they have something to take away, then
compensaton must be given for that service being removed. Never sign a
voluntary pad increase as that becomes the law. You are encouraged to
become members so that the Association can help you if you need to go to
arbitration. The RTB-10 form would help the unit owner sell his
home. Make sure you fill it out if you plan to sell your home and have
your real estate agent informed. The park owner has 10 days to respond
and, if he does not, the form is accepted and the buyer can get your pad fees.
Golden Arrow: The
pad fees are $355. None are up for sale. Most sell privately before
they can go on the market. It is a quiet park.
Peach Cliff: The
pad fees vary from $430 to $525. One home sold three times in the past
year and each time, the pad fees went up. Four units have sold in the park
recently, averaging $85,000. The park is clean, well maintained and has
low pad fees. There were concerns about the trees. In a recent storm
two trees came down and 18 more are considered dangerous with high winds.
We have all experienced more unusually high winds recently. Weather
patterns are changing. There is a difference between a healthy tree and a
safe tree. The park owner considers the trees healthy but is not willing
to confirm that they are safe. It is his responsibility. Shrubs are your
Cottonwood: The pad fees range
from $165 - $350. There is nothing for sale in the park right now.
Snow removal is sporadic. There is a new owner as of April 1st.
Country Pines: The pad fees range from $400 to $650.
All places for sale, sold. No problem with snow removal. If the
Landlord/Manager asks a tenant when selling for a pad inspection fee of $75 do
not pay it, tell your P&DMHOA Rep. They have good management for the
Gallagher Lake Village Park: The pad fees range from
$440 to $550. Sales are really positive. Snow removal is OK.
The owner is trying to add another 30 units to the park. The Landlord is
pretty fair. The park is beautiful. There are some issues with
garbage in that there is only one bin even though the park has grown
tremendously in the past three years.
Green Acres: The pad fees average $465. There
are a few for sale. There are 5 new pad spaces, with 2 being new homes and
one that is set in place but is slated to be moved. It is an older
model. Snow removal is better this year. Management is pretty much
non-existent. One gentleman bought in the park and wanted to exchange an
old swamp cooler for a new air conditioner. His unit said it had 100 amp
power and he bought the air conditioner only to find out that the park only had
60 amp power. He was encouraged to check with BC Safety as manufactured
homes are required to have 100 amp power for insurance purposes. Someone
asked about younger families in the park that is supposed to be 55+. They
were advised that the human relations act now stipulates that as long as one
person is over 55, younger ones cannot be evicted.
Tradewinds: The pad fees range from $500-650. Six
units sold in the past year and there's one for sale now. The neighbours
care for their yards and the people are friendly. Snow removal is done but
poorly. It was suggested we take pictures and send them to our arbitrator
that set the condition that when there are 2+ inches in snow the landlord was to
remove it, and to ask the Arbitrator if this is adequate snow removal.
Things have been relatively quiet in the park. Some mentioned lower
assessments this year. Only two enquired and got positive results.
Most only pay $100 in taxes so it doesn't matter but the landlord has threatened
to sell the park, so the goal is to keep assessments as high as you can.
It was stated that the sign at the park entrance is false when it says the
landlord will follow the tenancy act, which is one year's notice and pad fees in
case of redevelopment. It gives much better protection for the tenants and
it entails a better value of your units as well. No issues with landlord
Tumbleweed: The pad fees are now $450. One
unit just sold. There's not a big turnover. Snow removal is
good. The park has sold again and the owners live in Summerland. The
owners leave us alone. It is quiet and has a beautiful view.
pad fees are $417. No units are up for sale. One sold in the past
six months. The snow removal was a challenge as they had to ask for it
over and over again. The landlord is not respectful. There has been
no confrontation with the owner since the winter.
Burnaby Gardens: The pad
fees are about $650. There are no public areas, no clubhouse for 73
units. Things have quieted down in the past five months. The
location is quiet and well maintained.
Dauphin: The pad fees
are $450 for older homes. New homes have pad fees of $630. Homes
sell quickly-six to ten in the recent months. It is a good park.
Figueira's: The pad fees are
$565 for double wides and less for single wides. The landlord maintains
and upgrades the electrical and does not pass on the expense to the
tenants. A newer home in the park sold for $350,000. Five units sold
in a month. The owner is removing single wides and moving in double
wides. Most love it there. The owner is getting old so there is
concern that the park could go up for sale. There is some flooding in the
Oxbow and there are a couple of low areas.
Pines Village: The pad fees vary from $538 to $544.
Homes are sold within a week. Ten units have sold in the past six
months. It is clean, well maintained and has low pad fees. The
location is ideal for seniors who can walk to stores.
Pleasant Valley: The pad fees
are $500-$550. Five units sold in six months - $100,000. It is a
great location. Fabulous neighbours. The park is close to the
hospital, shopping and beaches. The main issue is the safety issue of
Whitewater: The pad fees vary
$570-$780. There is no clubhouse and no road work has been done.
There is only 60 amp service and not 100 amp which is required to have full
service. They were encouraged to call BC safety and ask them what they can
do. They have no idea what has sold in their park. It is quiet
and they have deer in the back yard.
Deblyn: The pad fees are $280. Nothing is selling.
Lakeview Terraces: The pad fees are $410.
Two units are vacant because of probate, etc. Nothing has sold in the past
three years. They have a spectacular view and nice people live there.
SMART METERS AND THEIR REPLACEMENT.
The following was recently reported by the
Adrian Dix slams BC Hydro for smart meter replacements.
Replacing meters are 'routine operations', says BC Hydro, due
to damage through house construction, demolition.
BC Hydro estimates that it will have to replace 40,000
of its smart meters by 2019 due to damage over time and will also
pull an additional 48,000 meters for testing.
NDP critic for BC Hydro Adrian Dix said that raises "serious
questions" about the lifespan of the smart meters, two million of which
have already been installed.
"What it's saying is that many of those smart meters, a couple of years
into operation, are failing," Dix told CBC News.
- Being paid off over 20 years
Dix said that also makes BC Hydro's amortization period — the time in
which they pay off the smart meters — problematic.
BC Hydro has set
the amortization period at 20 years, the same length of time
as the minimum life expectancy for the smart meters.
Dix said that, if for example a smart meter fails after just two years,
then "not only are we paying for the one we've replaced, but we're
paying out over the next 18 years for the smart meter that failed."
He said that while homes are amortized over 25 years, one wouldn't
amortize, or pay off, one's cellphone over 20 years, "and the
smart meter has more in common with your cell phone that it does with your
"If you pay for them over the next 20 years even though you've spent
all the money now, it doesn't have an impact on rates, or
lessen the short-term political impact on rates," Dix said.
"The [B.C.] Liberal government has abused this to an outrageous
degree at BC Hydro."
- 'Routine operations': BC Hydro
Steve Vanagas, chief communications officer at BC Hydro, said that the
estimated 10,000 smart meters that the corporation anticipates having to replace
each year for the next four years are "not faulty meters in any way, shape,
"They are routine operations where we have to replace meters that are
damaged as a matter of course. There might be construction going on, a house
gets torn down, we have to take the meter off, a screen gets damaged, a cover
gets damaged, and in those cases we simply have to replace the meter," he
"Equipment is going to be damaged along the way through circumstances
beyond our control, and it's our responsibility to make sure that equipment is
Vanagas said they are also removing meters temporarily so that they can be
tested for accuracy by Measurement
Canada, a federal agency that evaluates, approves and certifies
"We pull the meters randomly, have them tested in an independent lab,
and once they pass the test they go back into our inventory," he said.
Vanagas said that maintenance and testing were routine for the older analog
meters as well.
When asked how much this would cost, Vanagas replied:
"That's part of routine maintenance, so the cost is fairly minimal,
and it's been included as part of our overall business case," he said.
TENANCY DISPUTE FEE INCREASE.
The following was recently reported by the CBC:
The B.C. government quietly increased the residential tenancy dispute fee from $50 to $100.
The B.C. government is doubling the fees tenants and landlords will have to pay to have a dispute resolved by the Residential Tenancy Branch.
B.C. NDP housing critic David Eby said one of his staffers recently noticed the government quietly increased the tenancy dispute fee from $50 dollars to $100 with an order in council last month.
Appeals will now cost $50 instead of $25.
Eby says the fee hike amounts to another hidden tax increase.
"When you add it together with the MSP premium increase, with the Hydro rate increases, with ICBC increase, they really start to add up for families."
While the order in council says the increase is effective Jan. 1, a spokesperson for the the Residential Tenancy Branch said they will actually go up Jan. 8.
Tenants hit hardest
While fee hike applies to both tenants and landlords equally, Eby says tenants will be hit the hardest.
"It's just government's way of hiding taxes and fee increases. This money is going to go directly into general revenue and it comes at the expense of tenants who are already so terribly
stretched in this province," he said.
But the government points outs the fees will continue to be waived for low-income people and approximately one-fifth of all applicants will not pay any application fee at all.
Nevertheless Eby questions why renters are being asked to pay more for a service when the government recently moved to protect the
owners of $1.2-million-homes from property tax increases.
"To double these fees in the same period of time that the province gave a property tax break to people who are buying $1.2 million homes shows that the priorities of this government are
completely screwed up," he said.
The government says it's the first fee change since 1998 and the extra revenue will be used to hire new new arbitrators and reduce wait times for urgent applications.
They also point out that among the changes is an increase to the cost for landlords to apply to increase rent beyond the standard allowable amount.
"This previously cost $200 plus $5 per rental unit or site, but will now cost $300 plus $10 per rental unit or site, up to a maximum of $600," said a statement released by the branch.
The Residential Tenancy Branch has received more than 22,000 dispute applications in the past two years, meaning the revenue from the fees could jump from $550,000 to $1.1 million per year.
The dispute resolution process is used to settle disagreement between landlords and tenants.
Most hearings are conducted over the phone and a final decision, which can require the losing party to pay any fees of the winning party, is mailed out to
the parties involved.
SMOKE ALARM TESTING AND REPLACEMENT.
The following documentation content was presented in late October
2015 to RDOS, the District of Summerland and all other municipalities in our
jurisdiction, on behalf of P&DMHOA, by one of our Directors.
We recently noted that the West Kelowna Fire Department implemented a campaign to test and replace smoke alarms in manufactured homes
in their city, at no cost to the residents. They discovered a serious lack of working alarms, dead batteries, etc. Such an effort increases fire safety awareness and generates additional good will
for the Fire Department. Manufactured home fires are usually catastrophic, with serious potential for loss of life. The Penticton & District Manufactured Home Owners Association represents a
large segment of manufactured home owners and are hereby requesting that you consider implementing a similar plan through the many Volunteer Fire Departments in your jurisdiction. In the RDOS there
are currently 21 manufactured home parks in the Regional District that are outside of municipal boundaries, with a total of approximately 598 homes. In the District of Summerland there are currently
4 manufactured home parks with a total of approximately 126 homes. We are not contacting the fire departments directly, as this is a program that would necessarily be budgeted by the District.
The response from the District of Summerland in late November 2015 was the following:
The District of Summerland is in full agreement with you in regards to the importance of smoke alarms in residences. Unfortunately, the resources available to the Summerland Fire Department are
limited and therefore make implementation of your proposal impractical at this time.
I have spoken with the Fire Chief and in response to your request, the Fire Department will be sending a letter and information package to the manager of each park in Summerland requesting that the
information contained within be distributed to all tenants in the park. Again, thank you for your suggestion.
Item 1: SEPTIC SYSTEMS THRIVE ON HUMAN WASTE, BUT SOME THINGS GIVE THEM A
- Use basket strainers in all your sinks to catch hair -- a big problem for septic systems and guaranteed to shorten the life of your field!
- Use liquid detergents or concentrated detergents that don't have phosphates in them.
- Use a dry well for back flushing water softeners, instead of into your system.
- Use a lint filter on your washing machine; lint is a major source of solids that clog drain fields, especially from the fibers from synthetic clothing which
clog the pores of the soil and do not break down as natural fibers do.
- Do not flush facial tissue, paper towels, coffee grounds tea leaves, fats or grease, cigarette butts, filters, sanitary napkins, newspaper,
disposable diapers, condoms, metal or metal items. All of these items can clog your tank and field.
- Don't use a garburator. It adds solids which can be flushed into your drain field.
- Avoid disinfectants like bleach which kill beneficial bacteria in your tank.
- Never use caustic toilet bowl cleaners and drain cleaners which are
very toxic to the beneficial bacteria in your tank. This results
in sewage passing through without proper treatment.
- Never pour chemicals like paint, solvents, thinners nail polish remover, kerosene, antifreeze, gas, or oil down drains; these can seep into ground water
and poison our drinking supply.
One key to a healthy septic system is to minimize water use in order keep solid sludge well settled on the bottom of the tank.
Excessive water flowing into the septic tank, from overuse of toilets, laundry, dishwasher, showers, and baths, can cause the sludge to be disturbed and
allow the solids to pass out of the tank and into your distribution box. These solids can clog your distribution box, your drain field
pipes and even your drain field.
When this happens, the liquid will not properly drain down through the gravel into the soil. The effluent will then be forced upwards without having gone
through the second soil 'friendly bacteria' treatment process, and untreated sewage may appear on the ground's surface. Or, your septic system could back up.
- Use low flush toilets and water saving faucets and shower heads.
- Check your plumbing frequently for leaks -- a leaky toilet or dripping tap can double the amount of water discharged in a day.
- Spread your laundry throughout the week.
- Add a weight to your toilet's tank to reduce the water volume. Use a plastic bag filled with water. (Avoid bricks as they can disintegrate and clog your
* Products marketed as septic tank "cleaners",
"starters", or "enhancers" are unnecessary,
expensive, and can potentially shorten the life of your septic
field. They do not replace the need for regular pumping. In
some areas, they're illegal!
- The bacteria in human sewage are sufficient to provide septic action, so you do not need a starter. Nor will your solid sewage disappear because of a
"miracle product". You do not want your solids to break up; you want them to settle out to the bottom of your tank. This way you are making sure that the
effluent leaving your tank into the drain field is as clear as possible. Your solids will accumulate on the bottom of the tank over time, which is why it is
important to have your tank pumped out regularly. This is the safest way to have your solid sewage removed.
- Myths about septic systems have encouraged people to put hamburger or a dead chicken into their system to increase the presence of bacteria. Not only does this
add to the solid waste in your tank, it is completely unnecessary as your system creates more than enough beneficial bacteria on its own.
Item 2: BEAR AWARE TIPS
Bears need upwards of 15,000 calories a day. Bears are like stomachs with super sensitive noses. They remember where tasty food
was and return.
Look for these bear attractants on your property:
Garbage - The biggest attractant for bears (also attracts skunks and raccoons) in our communities is garbage. Properly secure
your garbage in containers with tight fitting lids and keep it indoors or in a garage or shed until pick-up. Don't put it out before the
morning of pick-up.
Compost - Use finished compost, leaves, grass or wood chips to cover up fruit or other food waste in your composter. Do not put in anything
that would attract pests. Meat, bones, greasy food, oils, grain products, cooked food scraps, dog or cat feces. Properly care for
your compost by turning it regularly and layering it appropriately to reduce odors.
Fruit trees and grapes - Make sure to harvest fruit immediately. Remove all windfall fruit. Don't
leave fruit outside on a porch etc.
Pet food, Bird feeders and Gardens - Are all attractants for bears. Keep your pet food securely stored indoors. Bring
your bird feeders in for the summer, supplementing them with natural flowers and bird baths. If you put bird feeders out April through end
of November, they must be up high and bring them in overnight.
Barbeques - Everyone loves the smell of a good barbeque, bears included! To keep your barbeques safe, make sure that they are
properly cleaned, covered and don't leave utensils out overnight.
Item 3: DEER TIPS
Fruit trees and Grapes - Make sure to harvest fruit immediately. Remove all windfall fruit. Don't leave fruit
outside on a porch or in a carport etc.
Bird Feeders - Are all attractants for deer. If you put bird feeders out they must be up high and bring them in
overnight. Some Parks have a rule and do not allow Bird Feeders, April through the end of November.
Gardens - Are a major attraction for deer. They love to eat a wide variety of trees, shrubs and flowers.
Nurseries can advise you of varieties of trees, shrubs and flowers they don't eat and some are a deterrent, as are commercial repellants, and
motion-sensing devices. Homemade repellents can also be effective, bars of soap, tin pie plates, old CDs hung in branches. Blood meal,
hot sauces, human hair work too. The most effective protection is wire fencing and chicken wire around the things the deer love in your garden.
To; All South Okanagan / Similkameen Realtors.
From; Penticton & District Manufactured Home Owners Assoc.
The new Contract of Purchase and Sale of a Manufactured Home form, is a step in the right direction. Unfortunately section 5 of the form, Park Owners Consent to
Assign the Pad Location and Tenancy Agreement from the Seller to Buyer, does not always work. A recent $96,000. offer to purchase was withdrawn because the Landlord's
Agent did not approve the assignment . This should never have been allowed to happen. Not only did the Landlord fail to return the RTB-10 form to the Tenant within 10
days as required, in the Act but the stated reason to deny assignment was a complete fabrication. We have attached a copy of the
RTB-10 " Request to Assign a Tenancy Agreement " form to this letter. Please take the time to familiarize yourselves with it.
It contains all of the information needed to conduct a successful assignment, including an information page for the Tenant and Landlord. This page lists the only
reasons that assignment may be denied, as stated in section 7-48 of the Manufactured Home Park Tenancy Regulations. If a Tenant pays rent, and a Landlord accepts that
rent, a Tenancy exists. In the absence of a written Tenancy Agreement, the “ Standard Terms “ are a part of every Tenancy, whether or not the tenancy agreement is in
writing, per Part 2, Division 12-B of the Manufactured Home Park Tenancy Act. Our Association website, www.pdmhoa.ca has direct links to the Residential Tenancy
Office, The Tenancy Act, Tenancy Regulations and other useful sites.
The following is an update from Tradewinds Estates as of October 12, 2010. This was reported by Tradewinds Park Rep Hazel Randolph. She said: "
As you know our landlord has rescinded the 30 eviction notices given to residents in units 1 through 30 this past April. While the Tradewinds Park Homeowners
Association lawyer was prepared to continue negotiations with Mr. Kirsch's lawyer, the landlord has decided 'he is not interested in continuing negotiations at this
If, in the future, Mr. Kirsch decides he would like to resume negotiations from the point we left off we will be pleased to do so.
As an executive we are confident that all the information we have gathered during the past several months will serve us well in the future. the
time and expense has not been wasted and we continue to be hopeful that eventually a negotiated settlement can be reached."
On June 12, 2010 the District of Summerland passed a Manufactured Housing Community Redevelopment Policy.
This concludes a process we began in 2006 to encourage Municipal Governments to establish some kind of protection for Tenants living in
Manufactured Home Parks in the South Okanagan that may be at risk of redevelopment.
Redevelopment Policies are now in place in,
Regional District, Okanagan/Similkameen
Regional District, Central Okanagan
and 9 other Communities throughout BC that we are aware of.
Since 2005, 35 Parks in BC have been closed for redevelopment, displacing 875 families. There are now 19 Redevelopment Policies, that we know
of, in place across BC in Communities that are subject to development pressures, and they are working. Park closures and the resulting loss of affordable
housing in Communities with Policies in place have almost stopped. Some developers are working within the policies to the satisfaction of Tenants and local
Government. The Manufactured Home Park Tenancy Act requires that Developers have their re-zoning in place before evicting the Tenants. Some Park Owners
are attempting to ignore this requirement. Be vigilant! These Policies are only workable in situations where the subject Property requires re-zoning prior
to development, giving local Governments some leverage to require Developers to consider the effects on their Tenants.