When Park Mgmt "delegates" to unofficial Park "volunteers"

[anna_2010]

I have lived in a Senior Park in Northern CA for exactly 2 years. It has been a singularly horrible experience. I hope no one has to go through this.

The Park provides communication - such as it is - via a Mobile Home Newsletter in which the management has a "Managers Corner". Those involved with this newsletter - this "unofficial arm of Park Mgmt" - have been the bane of our existence, and when we dared complain, the harassment was racheted up to the point we've had to call the local police. Three times.

Examples of unprofessional and illicit activity:
1. They publish a phone book, and unbeknownst to us, included our name and address in it, without even asking if they could do so. Mgmt gave them our private information and they never bothered to contact us about inclusion or not. We didn't even know of their existence! These are long time residents who seemingly have nothing better to do that to mind everybody else's business. When you begin to see the identity theft and invasion of privacy - when you see how e,.g., Isearch.com and others have obtained this "neighbor" information - with phone numbers no less, and are mapping it on the Internet, you begin to realize how horrible it is to have your privacy invaded by people you don't know, except they have a line to Park Mgmt to publish your private information. Illegal, you bet! When we wrote them a cease and desist letter, the harassment truly began.

2. They'd also come by walking their dog and have the dog poop on our property. In one case the contents of an entire bag of dog poop was thrown on our house. We put up a sign about the dog poop (after telling the Park we were going to do so). They walked by our property yelling loudly, cussing at us. When we confronted them, we asked for their names, they said: "you don't think I'd give my name to you". Since we actually did know who they were, after seeing them e.g., live opposite the Park office (!) we contacted the police and our atty wrote a letter. Since we did not have video evidence, the Park atty said they could not evict. These people then denied they ever did such to us, and threatened us. However, lo and behold, the dog pooping instantly stopped. To this day these people are still the "unofficial arm" of Park mgmt.

3. The new next door neighbor has engaged in a variety of illegal and extreme activities (chopping wood with a sledgehammer on his concrete pad, shattering the pad) which they allowed to persist. After 6 months, our atty wrote the neighbor a letter copying the Park's atty, since this activity also jeopardized gas lines, he finally stopped.

4. The (new) Manager told us our MH was not "in compliance", and we had to correct these non compliant items (to the tune of thousands of dollars) when we asked for written itemized list of how it was not in compliance, given the Park had originally OK'd the sale, and there had been no comment on such for 18 months we'd had it, much less the 20 prior years the MH had been here - none showed up.

5. We - for thousands of dollars - did install a security system, and now we have video: of people who work "unofficially" with the Park illegally parking in front of our house. We had told the offenders two years ago, again one year ago, nicely, not to do that, and they keep doing such. Today we complain to mgmt they actually said: "deal with it yourself". We finally said: "that's your job, YOU deal with it, you're being paid to do that." The mgr replied: "Oh I have someone coming into my office now." Click.

6. This park has had a number of break-in's, thefts, security issues, so security is a big issue. We have motion detectors and a house alarm. When someone illegally parks on our property naturally the house alarm goes off. This can get pretty scary, if you're asleep.

7. A few months ago an owner up the road from us passed away. One day as I was working at my desk I saw a young man hurrying down our open patio. I was sitting at my desk two feet from the front door, there was no doorbell sound, and no knock at the door. I went out after him, and challenged him - it was the Park Management's one employee. I asked what he was doing - he said he was getting our MH registration decal number. I stated it was on the front, right where the State says to put it. He said the Park Manager ordered him to go to the back of our property as there was by law one on the back as well. I said there is none on the back, go check the online database. He barged passed me right to the back - looking under our back stairs - then he left. After inquiring with the State registration people, they said no, the one decal in front is all you need. When I went to the Park management with the email from the State said they wanted OUR DECAL because they thought the man who died lived at our address. They had realized their mistake but hadn't bothered to call us to explain their mistake. Now, had I not - BY CHANCE - caught this illegal entry to our property, they would have reported OUR MH registration as belonging to a dead man. I can just t imagine of the paper mess this could have caused.

8. The small children (under 10, under 5 for goodness sakes) still run wild, unattended by any adult, play on the street of this MHP, and this past Saturday night - traffic speeding - at least one car and one SUV - almost hit one of them in front of our hose no less. We have that on video. I suppose we are to "handle that ourselves" too, in this over 55 Park.

There is so much more but I think people get the point. We certainly do. We are planning on pulling our "ancient" doublewide out of this wretchedly run Park to private land or another facility- one that isn't run a bunch of self-described "rednecks with guns" - I kid you not, that's how they refer to themselves.

The questions I have:

(1) what is the legality (common practice?) of deferring, delegating Park duties to a bunch of people who are not legally any agent of the Park owners, but just a volunteer band- who of themselves have no legal classification, organization, but who Park Mgmt allows to conduct Park duties, such as communicating re important issues - instead of the Park having to do so. In our case, they use this unofficially sanctioned "position of power"get away with harassing us. We pay our money to the Park and we signed to obey rules of the Park like everyone else, so I expect the Park's legally appointed agents to deal with issues and to communicate about important matters directly with all tenants. Park Mgmt has never distributed a single informational flyer about anything.

(2) We need to find a reputable mover or movers of doublewides, one who can come in and advise us how to prepare for such a move, and get a quote for executing the move. The move will be within Northern CA. Do you have a link to such services?

Thanks in advance.

PS The why as to why this is happening?

That we rent one of the largest lots - if not the largest lot - on Park property is one possibility and they want us out. We work for a living, and so don't have a lot of spare time on our hands to think up ways to annoy others. But this has interfered with my workday as I work at home. We mind our own business. We bother no one. We want to be left alone. We pay our rent on time. We are outsiders to this bunch. We're the ONLY one of the very very few new buyers who do not come from this particular area, which is not know for their nice manners, in general.

[David Oxhandler]

Hello Anna -

Sounds like a nasty situation. Most parks have printed "guidelines" that itemize the rights and restrictions of residents. When most folks move in to any community is it because they like the look.... have a good feeling... love the location or the physical home. Most do not take the time to learn who their prospective neighbors are and assume that all involved will behave reasonably.

Unfortunately this is not always the case and you are not the first to be unpleasantly surprised with the discovery that management and/or the neighbors are less than reasonable. I am very sorry that you find yourself in this situation as being a prisoner or hostage in your own home is a horrid way to spend your days.

We strongly recommend getting to know a community prior to investing. What should you consider if you think you want to live in a land-lease community? For the best list read Private Property or a Land-Lease Community?

Manufactured Home Communities are most often wonderful places to live. Experienced park owners understand that it is easier to maximize profits if the residents are happy and proud to be living in the community. It sounds like you have an absentee owner that probably has little understanding of what management is up to.

"Recent legislation (in California) to initiate a mandatory educational training program for park managers (AB 1469, Negrete-McLeod) was vetoed by the Governor. There are no qualifications to be a mobilehome park manager. Many are good managers, but some are unprofessional and arbitrary in dealing with residents. The Mobilehome Residency Law gives residents certain rights, but when difficult issues have to be resolved, residents need to form homeowners’ organizations or affiliate with mobilehome groups that advocate for mobilehome owners interests..."*

California has more MH Owners groups then any other state. Try contacting these:

Golden State Manufactured-Home Owners League a nonprofit homeowner advocacy organization, dedicated to preserving manufactured home ownership as affordable, quality housing through legislative efforts, and through helping owners of manufactured homes solve problems in their individual communities. 11021 Magnolia Avenue, Garden Grove, California 92841 (800) 888-1727 - (714) 826-4071

California Mobilehome Owners Resources and Action Association Their home page reads (in part) You DO have rights. You DO have laws on your side. You CAN fight back. But unless you are willing to step up and take responsibility to protect yourselves by joining CMRAA or other groups dedicated to preserving those rights, sooner or later you will find yourself fighting alone, and losing. 3381 Stevens Creek Blvd., Suite 210 San Jose, California 95117 (408) 244-8134 FAX:(408) 246-2992 - [email protected]


Manufactured Home Owners Network
80 Huntington Street, Number 266
Huntington Beach California 92648-5343
(714) 536-385
[email protected]
www.mfghomeowners.net


Coalition of Mobilehome Owners - California
Frank Wodley, President
P.O. Box 4821
Chatsworth, California 91313-4821
(818) 886-6479
[email protected]


California's MOBILEHOME RESIDENCY LAW:

Provides that the park rules and regulations have to be “reasonable.” “Reasonable” often may be subject to court interpretation, but normally rules have to have some rational basis in fact under the circumstances, as well as apply evenly to everyone residing in the park. A rule, which applies to some but not all residents, is discriminatory and would not stand up in court."*

"...Requires park owners and their employees to abide by park rules to the same extent as residents, except rules regarding age limits or acts of the park owner or park employee undertaken to fulfill park maintenance, management or operational responsibilities (making noise pounding nails, use of trucks for maintenance purposes, etc.)."*

"Consult... the state Department of Fair Employment and Housing (DFEH) about your rights as well and those of others in the park relating to possible violations of protected classes (discrimination), elder abuse laws, unfair business practices, or the Mobilehome Residency Law.

If you prevail against the management in court, you can ask the court for attorney’s fees. If you can prove willful management violations of the MRL you can obtain up to a $2,000 penalty for each violation."*

*quotes from Mobile Home Laws in California

You can Click Here to Download the entire 2011 California MOBILEHOME RESIDENCY LAW

[anna_2010]

Thanks David, we have begun to read up on these links, and contact some of these organizations. Todate, we have spent a lot of time and money in attorney fees to write letters, i.e. harassment being a civil matter, but we have never been given such good specific MH Law resources.

When we moved in here, the Park had dozens of vacancies, and we were surrounded by 4 empty lots. Several of these were owned by other Park residents, and they brought their own "people" network in. From day 1 we moved in however, these resident multiple-unit owners had their workmen and themselves, parking on our lot etc. and these refused to move when we asked them. "Oh you can get out, we're not really blocking you". This is the level of xenophobia, or rudeness, we're dealing with.The Park has specific parking rules, and since the streets are narrow it is part of the MH law. However, this inside group violates it all the time.

This Park as I understand may have recently been sold. The current management (an older couple) live in another Park further "up the road". We were advised by one police officer to get a restraining order against one of the "social club" members, and we decided against it, as they can have any one or number of their cohorts come in and do us damage, a restraining order is just a piece of paper. One other officer did surmise this may be a discrimination situation, but it is hard to prove that in court, and we have better things to do in life.

We were advised by GSMOL - in addition to giving us the name of an MH attorney, to also talk to HUD re Housing discrimination. I have been speaking with them these past 2 days. We decided not to file a complaint just yet.

After the "last straw" situation yesterday, it became clear to both of us that we have had it here. I know for a fact there are wonderful other Parks in CA as we have a relative living in one who is just thriving.

Basically we have decided to move to our own land or other Park, but it will be another year that we have to endure this, or more, so we need to work on ensuring as safe a living situation as possible.

(As I write this, the 72 year old neighbor who was instructed by Park atty to cease sledgehammering fire wood 6 times a day and night, began throwing large sticks against his metal shed today, (right where he used to sledgehammer) with his 2 grand-toddlers, and laughing loudly. "Basket Sticks" he kept roaring, "Not Basket Ball". Using kids to invent stupid games of cacaphony to annoy neighbors has got to be considered child abuse somewhere! This is total lunacy.

Thanks for the time you have taken to explain this to us. You are the best.