PENTICTON & DISTRICT MANUFACTURED HOME OWNERS ASSOCIATION
P.O. Box 22020, Penticton, BC V2A 8L1
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The Penticton & Area Access Society (formerly the Penticton & Area Women's Centre offers its services free on such topics as Tenant's Rights; welfare; people with disabilities and many other topics. So if you have questions about your rights or feel your rights have been violated, their advocates may be able to help you. Here is the link to their website home page at accesscentre.org. Down the left hand side of their home page are links to various other pages, such as Legal and Community Resources. If you hold your mouse pointer on Access - Legal another menu will pop out and on that you will see Okanagan South Outreach. Click on that and you will find the info for Keremeos, Oliver and Osoyoos. Hold on Community Resources and you will see other topics such as, Free and Low Cost, and under the heading Legal Resources you will find Landlord/Tenant. The phone numbers for the Access Society are 250.493.6822 and Toll Free 1.866.493.6822. These are the same numbers that used to be answered by the Penticton & Area Women's Centre. Under the headings Community Resources, Free and Low Cost, and Advocacy you will find PovNet listed and its website is at www.povnet.org. That will give you access to finding an advocate in any province or territory in Canada.
If you want to form your own Park Home Owner Association then please follow the guidelines laid out in the Park Home Owners Association Information Kit provided to us by the Active Manufactured Home Owners Association (AMHOA).
Park Rules are an important part of your life in a Manufactured Home Park. Please read the Information Sheet Manufactured Home Park Rules put together by the Active Manufactured Home Owners Association AMHOA, our sister Association.
To see a sample of what should be in a Manufactured Home Site Tenancy Agreement please read #RTB-5.
The Park Owner is allowed by the Government to increase the rent on your tenancy by a specific amount each year. You must receive a Notice of Rent Increase by form #RTB-11f. The formula for rent increases is inflation rate + 2% + proportional amount, as set out under the heading Rent Increases in the new document, A Guide for Landlords and Tenants in British Columbia. Click on this link to go to that document. The 2017 maximum allowable rent increase was 3.7%. The 2018 maximum allowable rent increase will be 4%. Both of these are plus the Proportional Amount, if needed.
For a chart showing Maximum Allowable Rent increases from 2004 to 2018, click here.
When a Landlord feels he has to raise the rent to a greater amount than that set out by the annual allowable rent increase, he may apply for a Dispute Resolution. He has to apply for a Dispute Resolution Officer's Approval under form #RTB-16 to try to get his increase.
There are times when disputes arise between a Tenant and a Landlord. The Residential Tenancy Branch recommends resolving the dispute on your own and has set out some guidelines in A Guide for Landlords and Tenants in British Columbia referred to above. Look under the heading Solving Problems on page 37.
The form can be picked up and after completion be delivered to any Service BC Government Agents Office. Service BC agencies are located in Oliver at 9971 350 Ave.; Penticton at 30 Calgary Ave.; and Princeton at 151 Vermilion. You can also get information by calling 1-800-665-8779 and listening to the 24 hour recorded information line.
The form can also be completed online by following the steps set out on this Online Application page of their new website.
Please read the section on Dispute Resolution on the Solving Problems tab of their main website, and also the information on the Dispute Resolution Process under RTB-114.
When a tenant wishes to relocate and sell the ownership of his manufactured home, there are certain things to be aware of. The Manufactured Home Park Tenancy Act and Regulations provide for the Assignment of a Tenancy Agreement. There is now a section in the current Contract of Purchase and Sale of a Manufactured Home on a Rental Pad form that deals with that. On Page 1 in the Information about the Contract, Point 3 MANUFACTURED HOME, refers to Clauses 4 and 5 of the Contract. This Point 3 refers to RTB-10. On Page 3 of the Contract under Point I SELLER'S DISCLOSURE-CLAUSE 4, and under Point II PARK OWNER'S CONSENT - CLAUSE 5, it is vitally important to read and understand this section prior to completing the Contract of Purchase and Sale of a Manufactured Home on a Rental Pad, as it relates to form RTB-10. Along with the completion of the Contract of Purchase and Sale, a Request for Consent to Assign a Manufactured Home Site Tenancy Agreement form #RTB-10 must be completed by the Seller and the Purchaser and properly served on the Landlord.
The following details are taken from parts of the Contract of Purchase and Sale and the RTB-10. Click here to show the pdf.
The Manufactured Home Park Tenancy Regulation, Section 44 (1), Section 45 (response within 10 days) and Section 46 (deemed consent), deals with the Request for Consent to Assign. The Request for Consent document must be served on the Landlord according to the Manufactured Home Park Tenancy Act, Section 81.
According to Section 28 (2) of the Act, the Landlord may withhold consent to assign a tenancy agreement in a manufactured home site only in the circumstances prescribed in Section 48 of the Regulations.