PARK OWNERS NOT COPS

It's not surprising to me that you would seek out a landlord to
provide commentary on an earlier story your paper ran about mobile home owners.

From a journalist's perspective, that's about balance. Unfortunately
- in this case - the comments from the Park Owners Association
president, Casey Timmermans, just ended up confusing the facts, and
perpetuating divisions between park owners and home owners.

Take the issue of landlords needing more authority to restrict access
to their parks. This issue isn't about preventing illegal activity
like "grow-ops".

We, as home owners, are concerned about this piece of the legislation
(which allows landlords to restrict access to the manufactured home
park and the homes in it) because it can too easily lead to abuse by
"bad apple" landlords who will use this power inappropriately to
intimidate homeowners - most of whom are seniors - and who aren't
doing anything illegal at all (let alone growing marijuana).

Of course no level headed person (be they a park owner or home owner)
wants illegal activity going on in the park, but if landlords suspect
something then they should call the police.

Legislation that enables park owners to "play cop" does not instill
confidence in most home owners.

Another example of the misunderstanding that exists between park
owners and home owners comes up in your story under the topic of the
home owner's right to authorize an assignment of the rental agreement
or sublet with permission of the landlord.

We, as home owners have these rights, but when park owners tell home
owners that if they assign their tenancy agreement, there is an
ongoing liability to them "under English Common Law," this makes
people fearful to utilize their rights to assign or sublet.

Let's be clear - the Manufactured Home Park Tenancy Act modifies the
Common Law, and the Act clearly states that there is no further
liability to the homeowner once the assignment takes effect (the
liability lies with the person who gets the assigned rental agreement).

Obviously, rent increases are always going to be a bone of contention
between park owners and home owners - all the more reason to be clear
about the facts.

Mr. Timmermans is quoted as saying in regards to rent increases that
all park owners are allowed this year is the four per cent allowed by
the government... but that's not the whole story because the
landlords can just ask for more rent, through the arbitration process.

The fact is, the Act (Section36 (3)) and the Regulations (Section 33)
say that 'Additional Rent Increases' can be applied for by going to
arbitration.

There have been a number of arbitrations that we are aware of, made
and won by landlords to get 'additional rent increases.' This kind of
loophole makes it feel like the system is stacked against the home
owners, which leads to ongoing animosity and mistrust between the
park owner and home owners.

The "landlord - tenant" relationship between manufactured park owners
and manufactured home owners is a unique one, because we "own" our
home and just rent the land from the landlord.

The Manufactured Home Park Tenancy Act needs to better recognize this
fact of "ownership" and create a more even playing field between the
two types of owners.

Alex Ross,

President

Active Manufactured Home Owners Association