Current through Register 1531, September 27, 2024
(1)
Unfair or Deceptive Acts or Practices: General. It shall be an
unfair or deceptive act or practice in violation of M.G.L. c. 93A for any
operator:
(a) to impose or enforce any rule
that either:
1. is not in writing;
2. has been disapproved by the Attorney
General or the Secretary;
3. is not
otherwise enforceable under M.G.L. c. 140, § 32L(5);
4. is inconsistent with any provision of
M.G.L. c. 140, §§ 32A through 32S or 940 CMR 10.00; or
5. with respect to matters not addressed
herein, is unreasonable, unfair, unconscionable or deceptive.
(b) to fail to post the rules then
in effect as required by M.G.L. c. 140, § 32D; or
(c) to make any material false representation
as to any material matter related to the giving of notices or the receipt of
approvals related to community rules.
(2)
General Content of Rules.
(a) A licensee may adopt written rules to
promote the convenience, quiet enjoyment, safety or welfare of the residents in
the community, to preserve the operator's property from abusive use, to
preserve or enhance the quality and appearance of the community, or to allocate
services and facilities in a fair and appropriate manner, all subject to M.G.L.
c. 140, §§ 32A through 32S and 940 CMR 10.00.
(b) All rules shall apply to and be enforced
against residents in a nondiscriminatory manner free from selective
enforcement, shall be sufficiently explicit to fairly inform residents of the
prohibitions, directions, or limitations contained therein, and shall be
reasonably related to a permissible purpose.
(c) An operator shall include in any
community rules and regulations an emergency telephone number to be called when
the community is left unattended by a manager.
(3)
Approval Procedure.
(a) If an operator promulgates, adds,
deletes, or amends any rule, new copies of all such proposed rules shall be
conspicuously posted in a common area of the community and concurrently
provided to any tenants' association , at least 75 days prior to the effective
date of such rules. Attached to the aforementioned copies shall be a notice
stating in clear and conspicuous type that:
1. the operator is seeking to change the
rules of the community;
2. the
operator intends to apply the changes to all community residents;
3. the changes may have a material effect on
living conditions in the community;
4. the Attorney General and the Secretary
have the authority to approve the changes;
5. any resident who wishes to comment on the
changes should write to the Office of the Attorney General; and
6. residents may also comment to the operator
regarding the proposed changes, if the residents choose to do so.At least 60
days prior to the effective date of the rules, the rules shall be sent for
approval to the Attorney General and the Secretary as set forth in M.G.L. c.
140, § 32L(5). A copy of such rules, including any amendments or deletions
thereto after their initial submission, with copies of the certified mail
receipts signed by a representative of the Attorney General and a
representative of the Secretary, also shall be sent or delivered to each
resident in the affected manufactured housing community at least 30 days prior
to their effective date, as set forth in M.G.L. c. 140, §
32L(5).
(b) If the
notice provisions of M.G.L. c. 140, § 32L(5) have been complied with and
neither the Attorney General nor the Secretary disapproves of such rules or
amendment or addition thereto prior to the proposed effective date thereof,
such rules may be enforced by the licensee from and after the proposed
effective date until such time as the Attorney General or the Secretary
disapproves such rules or portions thereof. Any such disapproval shall apply
prospectively, but shall not preclude a private party from challenging such
rules or portions thereof in a court of competent jurisdiction prior to or
after such disapproval. Approval or disapproval of the Attorney General or the
Secretary shall be deemed given only when explicitly so stated and shall not be
implied or inferred in the absence of an explicit statement.
(c) Each annual application to the board of
health for an original or renewal license to operate a manufactured housing
community shall include a true and complete copy of the rules then in effect,
in accordance with M.G.L. 140, § 32B and
940 CMR
10.11(2).
(4)
Guests. An
operator shall not unreasonably restrict a resident from having a guest or
require any such guest to register. An operator shall not unreasonably restrict
the right of a guest to use any community facility or service.
(5)
Exterior Appearance and
Improvements.
(a) A licensee may
promulgate reasonable rules that require residents to keep neat and in good
repair the exterior of a manufactured home and the manufactured home
site.
(b) A licensee may require
residents to conform a home's exterior to reasonable aesthetic standards that
are applied consistently throughout the community (with the exception of those
homes where conformance with such standards is not practicable or possible
because the home, if built before June 15, 1976, does not comply with federal
standards for construction of manufactured housing that became effective on
that date and are administered by the U.S. Department of Housing and Urban
Development) so long as such aesthetic standards are disclosed prior to the
tenant's entry into the community. New or revised standards may be proposed in
rules submitted for approval to the Attorney General and the Secretary in
accordance with 940 CMR 10.04(3).
(c) An operator shall not restrict a tenant
from removing any improvements made by the tenant to the manufactured home site
during his or her tenancy, such as plants, vines, edgings, shrubs, gravel,
stone or other additions made for the benefit of his or her tenancy, except
that, by agreement of both parties the licensee may retain the improvements by
paying the tenant for their actual cost. A licensee may require the tenant to
repair any damage to the home site caused by the removal of any such
improvements.
(d) An operator shall
not perform or charge a resident for maintenance work on the resident's
manufactured home or home site, unless requested by the resident, or unless:
1. the exterior does not comply with a
reasonable rule as described in 940 CMR 10.04(5)(a) and (b);
2. the resident's occupancy agreement allows
the operator's proposed actions; and
3. the resident first receives written notice
from the operator that specified work is required, and that the operator will
perform the work or cause it to be performed at the expense of the resident no
sooner than ten days from receipt of the notice, if the resident does not do
the work; and
4. the notice
specifies the amount that will be charged.
(e) An operator shall not misrepresent
governmental health, safety and use requirements nor seek to exercise
enforcement powers thereunder not granted by law.
(f) An operator shall not require any
resident to make permanent improvements to the manufactured home site, or the
manufactured housing community or any of its facilities, nor assess any
separate fee or charge for any such permanent improvements made by the
operator, except as specifically provided for in 940 CMR 10.00.
(6)
Interior Appearance and
Improvements. An operator shall not impose any restriction on the
interior appearance or equipment of a manufactured home, nor shall an operator
require a resident to make interior improvements. Residents shall be
responsible for the interior's compliance with applicable governmental health,
safety and other regulations, and shall only be subject to enforcement by the
appropriate governmental authorities.
(7)
Motor Vehicles. An operator
shall not prohibit any resident from parking up to two personal motor vehicle
at or on a manufactured home site. A licensee may otherwise reasonably restrict
parking, maintenance and storage of motorized vehicles, trailers, and boats.
Where there is no provision made in a community for guest parking, an operator
shall not place unreasonable restrictions on guest parking at a resident's home
site or adjacent roadways.
(8)
Non-Residential Use of a Manufactured Home. An operator shall not
restrict ancillary non residential activities within a residential manufactured
home or homesite, including but not limited to home offices, child care, and
yard sales, if such activities comply with local zoning and other laws, and do
not substantially disrupt the residential character of the manufactured housing
community. A licensee may impose reasonable restrictions on the times and
manner in which yard sales are conducted, so long as such restrictions are
included in the community's rules.
(9)
Residents' Meetings and
Communications.
(a) An operator shall
not prohibit or unreasonably restrict free movement, speech, assembly and
association within a manufactured housing community.
(b) An operator shall not restrict or
prohibit residents from meeting peacefully for any lawful purpose nor restrict
or prohibit the presence of any public official, candidate for public office,
or representative of a manufactured homeowners' organization. Meetings may be
held in a common area or facility not otherwise in use or in a resident's
home.
(c) An operator shall not
prohibit, or require fees or deposits for, any meetings held in a common area
or facility by the community's residents to discuss the community's affairs, so
long as the meetings are held when the facility is not otherwise in use. An
operator shall not prohibit the distribution of notices of such
meetings.
(d) An operator shall not
restrict peaceful canvassing and petitioning of residents, including without
limitation the distribution or circulation of oral or printed information, for
any noncommercial, political or public purpose.
(e) An operator shall not prohibit any
resident from soliciting membership in any resident association, including but
not limited to oral or written requests for membership or the payment of
dues.
(10)
Pets. A licensee may reasonably restrict pets that go outside a
manufactured home. An operator shall not regulate pets that live solely within
a manufactured home, except for requirements that any such pets not disturb the
peace and quiet of other residents.
