Active Manufactured Home Owners Society

WORKING ON BEHALF OF MANUFACTURED HOME OWNERS IN BC

Our Society supports an ongoing working relationship and partnership between Provincial and Local Government agencies, home owner/tenants and the land owners/landlords of British Columbia's Manufactured Home Communities. We believe in and work towards keeping 'housing on rented land' as an affordable housing option.

We are a non-profit Society, staffed by volunteers. We work together with District Associations and members around the province.

Owners of manufactured homes situated on rented pads in manufactured home communities are home owners, renters and taxpayers. They face a unique situation with problems common to all three roles.

BCMHO.ca OBJECTIVES:

To work towards keeping housing on rented land as an affordable housing option.
To continue to educate our members about manufactured home owners rights and responsibilities.
To work with the Manufactured Home Park Owners Alliance of BC to find common ground between manufactured home owners and manufactured home park owners.
To participate with other tenancy stakeholders and the Residential Tenancy Branch in the development of resources for manufactured home owners in BC.

Issues on our plates, with priority on the first three on the list:

Just compensation when park closes or redevelop. Also, reduce uncertainty when this is to occur. Read more ⭍

Closure of Manufactured Home - Park Close-out Policy and Compensation Plan (summary of report by our Legislation, Regulations and Research Committee)

Recently there have been several manufactured home parks in BC that are closing for redevelopment. This means that the manufactured homeowners may lose the investment they have made in their homes and will now be required to find a new place to live. It should be mandatory for park owners to have a close-out policy and compensation plan in place should the park be closed. Residents of the manufactured home park should be permitted to participate in the development of the close-out policy and compensation plan.

The plan should include:
• Time frame for notice to the residents and details of the purpose of the closure;
• Comprehensive plan of compensation and payment schedules including optional accommodations in the new development, moving units into available pad sites within a remaining park area or simple buyouts; and
• Assistance in finding alternate accommodations for residents.

Recent amendments to the Community Charter and Local Government Act permit municipalities to adopt bylaws for the protection of tenants in rental properties (under the Residential Tenancy Act) should the property be redeveloped. The bylaws should include requirements for notices to the tenants, financial compensation (based on the assessed value of the home under BC Assessment Authority) assistance in finding and relocating to comparable replacement units and the option to rent a comparable unit in property in which the landowners have an interest.

The Province should pass similar legislation requiring municipalities to adopt bylaws for manufactured home parks governed by the Manufactured Home Park Tenancy Act (MHPTA) outlining the notice requirements and compensation plans that have to be in place for manufactured home parks prior to redevelopment or rezoning applications. Here is one example established by the town of revelstoke ↗.

As well to clarify Section 44.1(1)(b) of the MHPT Act, Section 33.2(a)(ii) of the MHPT Regulations should be amended to read within 15 kilometers of the current manufactured home park rather than a “reasonable distance”. The tern reasonable distance is open to interpretation as the park owner and tenant may disagree on what a "reasonable" distance is.
Use of RTB-10 form, subletting, and other issues caused by MH park owners/managers when selling your home. Home values reduced and sales impeached by park owners. Read more ⭍

ASSIGNMENT AND SUBLETTING - (summary of report by our Legislation, Regulations and Research Committee)

Assignment of lease: Part 2 Division 3 - During a Tenancy - Rights and Obligations - #RTB -10

Effect of Assignment of Lease

Using the #RTB-10 form transfers the existing tenancy agreement, park rules and current rent amount from seller to buyer. This ensures the new homeowner is treated on an equal basis with all existing homeowners.

When used as prescribed in the MHPTA, the RTB-10 procedure is fair to all parties, buyer, seller and park owner. Only under limited specific conditions can the landlord deny consent to the assignment of lease and delay the sale of the home. The existing homeowner has the obligation to initiate and complete the #RTB-10 form. If the #RTB -10 is not initiated by the seller it may negatively impact the outcome of the sale.

Recommendation: That the use of the RTB-10 form be mandatory or amend the MHPTA to guarantee the current rent amount would not change in the event of the sale of a manufactured home.

Subletting a Manufactured Home Site: Part 2 Division 3 - During a Tenancy - Rights and Obligations RTB-25

Effect of Subletting

Permitting a homeowner to sublet their home or have guests or house sitters for a period of time while the homeowner is absent permits the homeowner to determine what is the best use of their home. The homeowner remains a tenant of the landlord and is responsible for rent payments, liable for any breach of the tenancy, and is the landlord of the new tenant.

Recommendation: Remove the provisions in the legislation that only permits the subletting of a manufactured home if it is authorized in the tenancy agreement.
Evictions. Bad faith and abusive evictions. Park owners can't continue to use this power so easily. Read more ⭍

Legislative Changes Required to the MHPTA Regarding Evictions - (summary of report by our Legislation, Regulations and Research Committee)

Introduction:

Eviction is traumatic for anyone — doubly so when you have invested substantial sums in your home, and it cannot be moved from its pad. Being evicted, for a manufactured home owner, is highly complex. Aside from the time, stress and expense to defend oneself at the RTB, it also requires substantial time to sell the property and find somewhere new to live. This trauma and difficulty make eviction an attractive threat for those landlords wanting to get rid of a homeowner they don't like.

BCMHO's membership is quite small, but over the past 8 months, the BCMHO has received 74 reports from members and legal advocates about problems in 50 BC parks including 6 regarding evictions for no reasonable cause, all of which were preceded by intimidating behavior. It is likely that there are many more similar cases in parks that BCMHO does not know about.

Many of these disputes appear to have their root in personality conflicts and follow a pattern of unreasonable requests followed by escalating threats with no attempt to reach resolution amicably; it is absurd that such relational issues should be elevated to a quasi-judicial process when alternate processes such as mediation are available.

Finally, the quasi-judicial structure of the RTB process suffers from built in structural unfairness for manufactured home owners. Park owners or managers are usually represented or accompanied by lawyers during the arbitration process. This is not typical for home owners and there are insufficient numbers of legal advocates to provide adequate service to manufactured home owners. For example, the Fraser Valley between Abbotsford and Boston Bar has at least 16 manufactured home parks, and only one public legal advocate.

The current short timelines for eviction laid out in the Act are very challenging for manufactured home owners. It is physically and financially impossible for someone to sell or move their manufactured home within 10 days. Further, many manufactured home owners live in communities remote to legal resources and dependable mail service. They are overwhelmingly elderly and unaware of their legal rights and the proper processes to follow in such a case, so the 5 day window to contest an eviction notice is not appropriate. Tight timelines and lack of information are also a concern with respect to applications for judicial review proceedings.

Recommendations:
• A non-refundable fee should be levied for Manufactured Home Park Owners (MHPO) to apply and serve an eviction notice, comparable to that required under the RTA between $300 and $500 minimum (3-months rent value is suggested).
This requires a wording change to the MHPTA (the Act) section 37.1 as follows:
(c) the initiation of an eviction must be accompanied by the fee prescribed in the regulations
The Manufactured Home Park Tenancy REGULATIONS (MHPTR) need to be amended to specify the amount.

• RTB must require proof of good-faith attempts at conflict resolution, such as the engagement of a neutral third party prior to accepting an eviction notice.
This also requires a wording change to the Act section 37.1
(d) the initiation of an eviction must be accompanied by proof of prior good-faith attempts at conflict resolution using a neutral third party

• The time periods regarding the end of tenancy, payment of rent owed, and time should be extended.
This change could be reflected in a wording change to the Act section 39, as follows:
(1) A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 30 days after the date the tenant receives the notice.

(4) Within 30 days after receiving a notice under this section, the tenant may
(a) pay the overdue rent, in which case the notice has no effect, or
(b) dispute the notice by making an application for dispute resolution.
With regards to unpaid utility bills, the legislation should reflect the same conditions the Utility would provide a freehold homeowner. MHP homeowners should not be treated differently.

• Revise MHPTA Sections 48, to be relevant to the reality of eviction cases in Manufactured Home Parks.
Section 48: An Order of Possession, for a manufactured home owner, is potentially devastating. Often the home, assessed at hundreds of thousands of dollars, cannot be moved, or there is no place available to which to move the home. Section 48 therefore needs to contain provision for proper compensation for the home owner and appropriate timelines to allow for the sale of the home.

• Significantly increase time limits to provide homeowners a reasonable opportunity to gather information and evidence and adequately prepare for a review. Suggested time limits to be minimum 30 days.
Sections 73 and 74 do not allow enough time for a home owner to gather evidence and prepare their case for review. For example, a 2-day limit to apply for review for additional evidence does not allow sufficient time to obtain evidence such as correspondence from municipal authorities which can take several months to obtain.

• Include provision in the MHPTA and MHPTRs which outline fair practice when all appeals are exhausted that reflect the reality of Manufactured Home Park tenancies, including framing writ of possession, bailiff intervention, MH sale, MH removal.
The Act is silent on the matters above, leading to situations in which there is inconsistency of application.
Proportional Rent Increases. We are campaigning to have them eliminated. Starting with multiuse parks (with RV).
Park infrastructure maintenance. Park owners raising rents while neglecting the services and infrastructures.

Resolved issue:

Standardized Park rules and less frequent rule changes. The minister announced a new regulation this summer (2024). See our news page.

Donations are welcome! Three methods available:

Donation by cheque to our address:

Active Manufactured Home Owners Society of BC (BCMHO.ca)
133 - 6325 Metral Dr
Nanaimo, BC, V9T 6P9

Donation by e-transfer:

Set recipient name to: Active Manufactured Home Owners Society (AMHOS) is our society name
Set email as: bcmhoinfo@gmail.com (AMHOS owns BCMHO.ca dba name)

Donation by paypal :

New Board Members since nov 2024
President *	Susan Belford	Sooke	A retired mediator, Susan has extensive experience in meeting facilitation, organizational development, and consensus building. A manufactured home owner in Sooke since 2019, she is concerned about fairness, stable, affordable housing and the threats to homeowners from climate change.
Vice-President	rotating role		Susan to schedule who takes the role amongst the directors, except the treasurer, forbidden in this role.
Treasurer	Chris Mather	Nanaimo	I am a retired CGA with over 50 years experience in fiduciary accounting and business management. My interest is to help improve the Manufactured Home Owners status, protections and interests in BC.
Secretary	Serge Lamarche	Golden	Hosting, creating, updating websites and programming since 2003. Familiar with various aspects of the RTB and dispute resolution. Comment: In 2019, hoping for better than an appartment, bought a manufactured home (MH) in a perfect location, but needing urgent repairs. Strangely, the park owner attempted to evict a MH in repair. I had to learn about my rights as a MH owner and the RTB processes for dispute resolution and eviction. RTB services and regulations clearly need to improve and I hope to contribute with BCMHO.ca, my skills and new knowledge.
Director *	Glen Beauchamp	Langley	Retired Realtor, 36 years specializing in sales of manufactured home parks all over B.C. Founding member & past president of LMMHOA
Director *	Ken Nentwig	Victoria	Retired landscape architect and educator, moved to TriWay Park in Langford in Feb, 2012. Previously from SW Ontario, has worked in landscape industry and post-secondary education for over five decades. Currently deeply involved in rainwater harvesting and management systems, and in training programs for rainwater system practitioners. Proficient in CAD, site and landscape planning, and in committee facilitation. Has travelled to Singapore (training landscape architects and engineers in CAD), Brazil (training World Skills team leaders for 2007 Japan World Skills competitions), and Japan 2007 (World Skills, landscape, representing Canada). Spearheaded a 100 Ha land development project concept near Algonquin Park that did not receive funding to move forward. Currently involved in site planning with developers, and in rain and stormwater related projects. Extensive personal involvement since March 2019 in MHP redevelopment planning, rezoning, and MHPTA and Regs regarding homeowner compensation and landlord relations. Background in property management, land development, and group interactions is coming in handy at the present time, and has been Chair of the TriWay Park Residents Association 2007 to 2013. Deeply interested in the future of MHP/MHC developments as a prime, affordable housing option. Immediate future may involve relocating away from the MHP due to redevelopment and to family health issues.
Director	Anna Hall	Surrey	to come
Director	Hans Rueckert	Nanaimo	1962 Immigrated to Montreal entered Hotel Industry and worked in Bermuda 2 yrs, Bahamas 5 yrs, Sydney Australia. Accepted GM position on Lord Howe Island at Pinetrees 5 yrs which became a World Heritage Island Pop 400 residents. Was able to buy a small resort and brought many innovations to LHI including my own and many awards for tourism in Australia and Pacific. No High school for my daughters so sold at 46 in 1988 after 1o yrs retired and moved to Hobart Tasmania. Could Not be idle at 46 I purchased a small 3-month-old manufacturing company making Baby shoes which evolved a unique system highly successful. We managed in one year to capture 20% of the market including two Pairs for Princess Beatrice newly born daughter of Fergie wife of Prince Andrew. Company expanded rapidly and this brought as back to Canada, Wanted to give back and I served as President of Sai Baba a spiritual group for about 20 years and during this time also facilitated and organized with a small group of volunteers on Saturday’s sandwiches for Homeless people at the Open Door in Victoria BC. Have been blessed with visions to facilitate change and I hope that I can make some useful contributions to our BCMHO org
* one year commitment to allow for staggered 2 years mandates in order to maintain continuity of the society.

Our Board of Directors are volunteers who together:

Have good knowledge of current provincial legislation that pertains to Manufactured Home Parks
Have experience with advocacy work
Enjoy working in collaboration with others
Have computer skills working with websites, publications and email programs

BCMHO Society Operational Requirements ↗
BCMHO Society Official Bylaws (updated 2024) ↗

BCMHO.ca mailing address: 133 - 6325 Metral Dr, Nanaimo, BC, V9T 6P9

Disclaimer

Manufactured Home Parks are a source of affordable housing in BC. On this website we provide timely and accurate information for our members in order to educate them about their rights and responsibilities. The material on this website does not constitute legal or professional advice and is presented as information only. Neither the Active Manufactured Home Owners Society (BCMHO.ca) or its directors, assume liability for loss or damage as a result of reliance on this material. Appropriate legal advice or expert assistance should be sought from a competent professional.