Rules and regulations of park.
1. The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the manufactured home lot and the grounds, areas and facilities of the manufactured home park held out for the use of tenants generally.
2. All such rules or regulations must be:
(a) Reasonably related to the purpose for which they are adopted;
(b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;
(c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;
(d) Consistent with the provisions of this chapter and a general plan of oper-ation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and
(e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.
3. No rule or regulation may be used to impose any additional charge for occupancy of a manufactured home lot or modify the terms of a rental agreement.
4. Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. The landlord may not adopt or amend a rule or regulation of the park unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposed adoption or amendment of the rule or regulation. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.
5. A rule or regulation pertaining to recreational facilities in the manufactured home park must be in writing to be enforceable.
6. As used in this section, “capital improvement” means an addition or betterment made to a manufactured home located on a lot in a manufactured home park which is leased by the landlord that:
(a) Consists of more than the repair or replacement of an existing facility;
(b) Is required by federal law to be amortized over its useful life for the purposes of income tax; and
(c) Has a useful life of 5 years or more.
Last modified: February 27, 2006