9-30-2024 1:05am

New Mexico Mobile Home Act Special Educational Series: Part 3

Part 3 of our series discusses the rules and regulations pertaining to mobile home parks subject to the Mobile Home Park Act (MHPA).

It is important that you understand what is, or maybe isn't an enforceable rule. Why?...

Park owners and managers sometimes issue rules and directives claiming their authority to do so is because "they own" the property, or claim their position as owner or manager entitles them to make such a rule or directive. Owning the property, or holding a management position has virtually nothing to do with what constitutes a legal enforceable rule under the MHPA.

Section 47-10-15. Rules and regulations: (MHPA)
The management shall adopt rules and regulations concerning all residents' use and occupancy of the premises. The rules and regulations are enforceable against a resident ONLY IF:A. They are submitted to tenants for their comments sixty days prior to the rules being implemented;B. Their purpose is to promote the convenience, safety or welfare of the residents, protect and preserve the premises from abusive use or make a fair distribution of services and facilities held out for the residents generally;C. They are reasonably related to the purpose for which they are adopted.D.

They are not retaliatory or discriminatory in nature, except that all or any portion of the park may be designated for adult-only occupancy after a six-months' notice to the residents; andE. They are sufficiently explicit in prohibition, direction or limitation of the residents' conduct to fairly inform him of what he shall or shall not do to comply.

The key consideration is that a rule or directive from the park owner or management must meet all five (5) of the above listed conditions to be an enforceable rule. "B" and "E" are very important provisions that the rules must meet. If the rule or directive does not meet all five (5) conditions it is NOT an enforceable rule.
If you read my Article #2, Tenancy Terminations, you may recall that one of the conditions for having your tenancy terminated is failure to follow park rule(s). Thus, it is important for you to understand what constitutes a valid and enforceable park rule, especially any rule that is a part of your rental agreement!

An example of an enforceable rule is posting a speed limit in the park. It pertains to the safety of all residents, is not retaliatory or discriminatory, and clearly informs the resident of the purpose of the rule and what the resident shall do to comply. Similar rules pertaining to general use resident areas of the park such as swimming pools, etc., are common enforceable rules.

What is an unenforceable rule? Hopefully there are few, if any, unenforceable rules or directives, and if any exist it is probably because the park owner or management is not aware of Section 47-10-15 of the MHPA. My experience with unenforceable rules that I have encountered usually pertains to the park owner or management issuing a rule or directive regarding something pertaining to the homeowners home.
Example: I have viewed rental agreements that prohibited homeowners from displaying certain signs on their homes, usually Home For Sale signs. Some rental agreements I have viewed only allowed the owner to post a For Sale sign in a window of the home.

That is an unenforceable rule. The park owner and/or management does not own your home. You can post a Home For Sale sign anywhere on your home you choose to... outside, inside, or both. In fact, attempting to limit the homeowner as to where they can post a Home For Sale sign is a potential violation of the Mobile Home Park Act regarding the park owner/management interfering with the sale of a resident's home.

Another example of an unenforceable directive being issued to a homeowner is if the owner or management instructs the homeowner to make a physical improvement to the home. "A physical improvement to the home can only be required if the mobile home is in violation of a local municipal or county ordinance or the physical condition of the home or lot constitutes a public nuisance, or threat to the public peace, health or safety." MHPA Section 47-10-15-1 (C).

Now, having discussed all of the above, let me say that I am 100% in favor of reasonable rules for a park. After all, rules help to protect our investments in our homes, safeguard the park community, and preserve mutual respect among residents and between residents and the park owner and management... as long as the park owner and management observe and make rules in accordance with the provisions of the MHPA.

If you have a question about the validity of a rule or regulation I would suggest you contact the office of the New Mexico Center for Law and Poverty in Albuquerque. They have a website with contact information. Their attorneys are experts on the MHPA and its provisions.

In my next series, article #4, I will discuss the rental agreement in detail as it is the contractbetween the resident and the park owner/management.- Gary Perry