Ask a Lawyer

By: Steven M. Williams

I want my residents to remove their homes so I can bring in new ones. However, I am told that I cannot do this. What is your thought on this?

Under the Manufactured Home Community Rights Act (MHCRA), you can only require a resident to vacate in three situations:

• If you have terminated the lease due to a lease default,
• If you are closing the community, or
• If you are changing the use of the land (which is sometimes done in connection with a closure).

Absent one of these situations, the MHCRA does not allow you to demand that residents remove their homes. However, as residents seek to sell their homes, you may be able to tell the buyers that you will only approve them for residency if the homes meet the new community standards.

I have heard that I am not allowed to prohibit guns in my communities because residents have a Second Amendment right to own guns. Is there any way around this?

What you have heard is not correct. As a private property owner, you have every right to prohibit the presence of guns in your community. The Second Amendment prohibits the government from infringing on gun rights; it does not apply to individuals or private companies. Being able to prevent guns does not mean it is a good idea, though. First, it would be very hard for you to enforce the rule because you do not always know who owns a gun. Also, I suspect that many judges would not enforce such a provision due to an individual’s right to own a gun. You may consider a less rigid rule and opt for one prohibiting the open-carrying or discharging of guns in the community. This, I believe, would be upheld by most judges.

I received a complaint that a resident filed with the Attorney General’s Bureau of Consumer Protection (BCP). I have heard that the BCP does not have much power and merely tries to mediate cases—much like the Better Business Bureau. I understand that the BCP just closes a file when it cannot be resolved. So, do I really need to be concerned about getting a BCP complaint?

Yes, you should take every BCP complaint seriously. First, while the BCP often tries to mediate cases and closes its file if it cannot, this is not always the case. The BCP can elevate a complaint to an investigation by the Attorney General’s office. Second, if multiple BCP complaints are filed against you, the Attorney General will almost certainly begin an investigation against you. Trust me, you do not want to incur the expense and inconvenience of an investigation by the Attorney General.