ohiolandlord
02-09-2006, 12:39 AM
Although the 'Rules & Regs' do not mention 'fire pits' (legal in the township), pools & hot tubs, or the parking of boats or trailers, the owners of the mobile home park have sent notice that these are not allowed. Would I be correct that since there is nothing that states otherwise in the rules, these 'new' rules can not be enforced, and the residents that currently have fire pits, pools or hot tubs can continue to enjoy them?
Also, Rules & Regs state "No Pets", yet several residents have cats and 1 resident has a very noisy toucan or parrot like bird - all with managements knowledge. Approx. 1 year ago, one resident got a Chihuahua, and management was also aware of this. Now, they've come out with a notice saying "No Dogs". I would think that 1) since management knew about the dog last year and has ignored this fact, then these folks shouldn't have to get rid of the dog or face eviction and 2)since there are other 'pets' (cats,birds) in the park, management can not differentiate between cats/dogs/birds.
Am I correct in these assumptions?
What step(s) should the affected residents take?
In Ohio, this matter would be covered under Ohio's Manufactured Housing law, rather than landlord tenant law.
I'm not too well versed on that law, but I do know that what the park operator does for one tenant, he must do for all tenants when it comes to rules and regs. Further, I am not sure about changes in the rules which are drastic (such as forcing a tenant to get rid of a hot tub which may already have been purchased and installed while there was still no prohibition against them-- the same might be true of pets since tenants make such an emotional and moral commitment to them and their care).
You would be wise to (perhaps along with other tenants in your park who are also curious about these things) put together a few hundred dollars and hire an attorney who works a lot with mobile home park law and purchase an hour or two of that attorney's time to get an opinion letter answering your questions. You can get a referral to such an attorney by calling up your local county bar association.
Also, Rules & Regs state "No Pets", yet several residents have cats and 1 resident has a very noisy toucan or parrot like bird - all with managements knowledge. Approx. 1 year ago, one resident got a Chihuahua, and management was also aware of this. Now, they've come out with a notice saying "No Dogs". I would think that 1) since management knew about the dog last year and has ignored this fact, then these folks shouldn't have to get rid of the dog or face eviction and 2)since there are other 'pets' (cats,birds) in the park, management can not differentiate between cats/dogs/birds.
Am I correct in these assumptions?
What step(s) should the affected residents take?
In Ohio, this matter would be covered under Ohio's Manufactured Housing law, rather than landlord tenant law.
I'm not too well versed on that law, but I do know that what the park operator does for one tenant, he must do for all tenants when it comes to rules and regs. Further, I am not sure about changes in the rules which are drastic (such as forcing a tenant to get rid of a hot tub which may already have been purchased and installed while there was still no prohibition against them-- the same might be true of pets since tenants make such an emotional and moral commitment to them and their care).
You would be wise to (perhaps along with other tenants in your park who are also curious about these things) put together a few hundred dollars and hire an attorney who works a lot with mobile home park law and purchase an hour or two of that attorney's time to get an opinion letter answering your questions. You can get a referral to such an attorney by calling up your local county bar association.