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CURRENT ONGOING UNRESOLVED DISPUTES
This is an UPDATE to a situation referred to below.
An elderly lady in an MHP in Ok Falls was recently given an eviction notice by the
Park Manager, after several warnings, for an unsightly premises . Admittedly the tenant has
some health challenges, but she lives alone and has no family to call on for help.
Several Directors of the Association have been visiting her and the Park Manager in an attempt to assist her and bring the
situation to a successful conclusion.
The following things
happened in this case.
Association stepped in and assisted her to file a dispute with the Residential Tenancy Branch, because the timing was crucial.
2. A neighbour became a Good Samaritan and came to her rescue. He rented a truck and organized a work
party to clean up the site.
3. The Park Manager came and did an inspection and was satisfied enough that he told all
concerned that he would withdraw the eviction notice. The Directors from the Association then cancelled the dispute
4. The Association Directors, at the last Executive Meeting, voted to assume all costs involved in the cleanup.
In conclusion, the following points are to be made:
A. There is nothing more serious than an eviction from a
Manufactured Home Park, especially for a senior. The tenant can possibly
find another place to live but what becomes of their home. They will
likely lose most, if not all, of its value.
B. There are many elderly tenants in Manufactured Home Parks
that do not have family near by to help them. That's when it's time for
neighbours to step up, as happened in this case.
C. It helps at this point to bring it to the attention of the
Association. Many elderly tenants are not aware of the laws that are
available to help them, and many are too scared to help themselves.
THE ASSOCIATION, P&DMHOA, IS VERY CONCERNED WHEN PARK OWNERS AND
MANAGERS DO NOT TREAT ALL TENANTS WITH RESPECT AND WHEN THEY DO
NOT APPLY PARK RULES FAIRLY AND EQUALLY TO ALL TENANTS. ALL
TENANTS HAVE THE RIGHT TO ENJOY THEIR HOMES AND RENTED LOTS IN PEACE AND
TRANQUILITY AND SHOULD NOT BE MADE TO SUFFER HARASSMENT.
In no particular order, there are currently 8 situations that are already in dispute or will be very soon.
A tenant in one Penticton park sent a letter to a Director of the Association indicating that he and some other tenants, who were apparently grand fathered in
as to the rent at the time, had received a notice of a voluntary rent increase in excess of the allowable. They were told that this was being done to bring them
closer to current rents.
The directors are keeping tabs on a park owner in OK Falls who is attempting to place a double wide manufactured home on a
lot designated for a single wide unit.
UPDATE - Two of the Association Directors were instrumental in halting the placement of the large double wide
manufactured home from being put in on a site designed for a single wide unit or small double wide in that park.
There is another park in OK Falls where the tenant has been deemed to have an untidy yard and may be subject to eviction.
UPDATE - A Director of the Association has visited the senior in this Ok Falls park who has challenges and who also is a
hoarder. He has arranged for a legal advocate to assist her. Management wanted to evict her. She has cleaned up some of the exterior unsightly
A park in Olalla has been given a notice of rental increase that is unlawful.
Five tenants in a park in Summerland have had their electrical power turned off to their various types of units situate on the
lake front. This was in order for the owner to carry out electrical code upgrading to their power outlets by the end of June. The BC electrical inspector said
it was hazardous and unsafe. When it is repaired it will have to pass inspection before they can hook back up to power. The tenants' concern is do they have to
pay pad rent while they cannot live in their units? If they don't the owner will probably try to evict them. Another concern is the owner may not repair the
electrical forcing them out of the park. They were going to check with the tenancy branch.
The owner of a park in Oliver is proceeding to cut off access to the lake for those units along the lake frontage by installing
a snow fence. This will mean cutting through 2 units 6 feet to 10 feet and a few decks as they are on crown land on the lake shore. The park owner also notified
them he will not sign papers so a purchaser can get a mortgage.
UPDATE - Fence posts have been placed across the front MHP property line, and marker strips through decks on the mobile
homes facing the lake. It appears that the Park Owner is fencing the homes off from the beach. Two Park Reps want to proceed with a class action suit
for harassment against the Park Owner. The owners of those properties don't want to do this until the fence is built. The Directors are advising
the Reps to go ahead and start the suit and the Association will assist them with guidance if they will act on the Association's guidance. The Reps are
indicating they will try and move forward with or without the consent of those residents affected by the fencing because so much time has already gone by.
The Association will maintain financial assistance to help the park tenants bring a harassment suit again the Park Owner or to go to arbitration asking for
a financial penalty to make the Park Owner carry out the arbitrator's decision.
A tenant in a park in Penticton received notice of a substantial rent increase. She met with the park manager and berated him
so much that he relented and lowered her obscene rent increase.
In another Penticton park there is an oversized home on lot and the tenants will not dispute it. Also adjacent to the
same park, property will be lost to the Federal Government.