Rules & Regulations

Spring View MHP Community Rules

To benefit all residents and to insure proper use of both the rented premises and the entire property, Tenants agree to comply with the following Rules and Regulations.

 

The following list of Community Rules shall be considered an integral part of the Lease Agreement between the Parties.  It is understood that violation of any or all Community Rules can or will result in eviction from Spring View Community as outlined in the Lease Agreement.

 

Definitions.

 

• “Community” means the Spring View Manufactured Home Park Community owned and operated by SHPB, LLC.

 

• “Owner” means SHPB, LLC, the owners of Community and/or their agents authorized to act on behalf of Community.

 

• “Tenant” refers to all occupants of a Property whether renting a home or a homeowner renting a Space in the Community and/or any family members and occupants of the household who have been approved by Owner to reside on the Property.

 

• “Lease” means the Lease Agreement between Owner and Tenant for the Property. 

 

• “Leased Space/Lot” refers to Tenants who own their manufactured home and are leasing the Space identified in Tenant's Lease Agreement.

 

• Property refers to the manufactured home situated on the Space identified in Tenant's Lease Agreement.

 

• “Community Rules” means these rules and regulations.  

 

Manufactured Home Must Comply with Federal & State Law.  It shall be deemed a violation of the Community Rules of this Community for a Tenant to be in violation of any of the requirements of federal, state, or local laws with regard to Tenant's manufactured home, including, but not limited to matters relating to registration, or for Tenant to be in violation of any of the provisions of the Tenant's Lease Agreement.

 

Use of Manufactured Home.

 

• There are a maximum number of occupants permitted in each manufactured home, but this will vary depending upon the size of the home.  In determining the maximum number of occupants, federal, state, and local rules, ordinances and laws shall be followed.  The Community has adopted an occupancy standard based upon Utah State Fair Housing Department's Uniform Housing Code.  The occupancy standard, which is applicable, is as follows: In manufactured homes the rooms which are used for sleeping, shall have an area of not less than 70 square feet.  Where more than two people occupy a room used for sleeping purposes, the required floor area shall be increased at a rate of 50 square feet for each occupant in excess of two.  The limitation on the maximum number of occupants as set forth above shall include guests who stay in Tenant's home.

 

• Without regard to the above occupancy standard, no guest may stay with Tenant longer than 7 days in one month.  Any guest who stays longer than 7 days in one month or more than 30 days in one calendar year must apply to the Community for residency or Tenant will be in violation of these Community Rules.

 

• Tenant's manufactured home shall be used solely and exclusively as a residence.  Any other use, including, but not limited to use of said manufactured home for business or a commercial purpose constitutes a violation of these Community Rules.   Compensated or regular child care for anyone but Tenants will not be permitted.  Placing any sign, poster or any other card anywhere on the Property or manufactured home advertising any business of Tenant, whether or not Owner has approved the conduct of such in-home business as provided above, is strictly prohibited.

 

• For all lot Leases, Tenant as defined in the Lease Agreement, must be the registered owner of the manufactured home.  Rental of owned units is not permitted. 

 

• Tenant cannot assign or transfer the Lease.  Tenant cannot sub-lease the leased Space and/or the leased Property unless Tenant receives prior written authorization from the Owner.  Generally permission will not be granted.  For purpose of this section, the term “sub-lease” includes a lease with option to purchase, contract of sale where title is not immediately transferred, or any other arrangement whereby Tenant transfers any leasehold or other interest whatsoever in the Property.

 

• No use shall be made of the Property, which would violate any federal, state or local law, rule, ordinance or regulation, or violate, suspend or void any policies of insurance of Owner.

 

Space Rental. 

 

• A Lease Agreement signed by Tenant and Owner is required at the Community and is required by the Utah Mobile Home Park Residency Act.  These Community Rules, all Community signs and the Utah Mobile Home Park Residency Act form part of the Lease Agreement and are binding on Community and Tenants.

 

• Prospective Tenants must complete an application to lease a manufactured home Space and must be approved in writing in advance by Owner to reside in Community.  Each Tenant must sign a Lease Agreement prior to occupying a Space in the Community and/or prior to moving themselves and/or their personal property onto the Space.  If a prospective Tenant fails to obtain advance approval from Owner or does not sign a Lease Agreement with the Community, the Owner may unconditionally refuse residency to said person or persons.

 

• No combustible, explosive, poisonous or corrosive substance (except those normally used in the household) shall be kept or stored in Tenant's home and/or Space.  No fireworks shall be brought into and/or ignited in the Community.

 

Standards for Incoming Homes.

 

• An incoming home must be at least 12 feet wide and 40 feet long.  The home must be in good condition, have prior Owner written approval, be located onsite in a uniform manner as directed by Owner, and have towing-hitch promptly removed. Owner will uniformly attach Space numbers to the homes.  In addition, each home must have vinyl skirting around the entire home and decks, with horizontal cover molding. Plywood is not allowed.

 

• Decks: Tenant must install a raised deck or porch at least 4 feet by 8 feet (front, with steps and railings, covered with outdoor carpet, all meeting City of Logan Building Code Requirements and prior to building must have a Logan City Building Permit if required. In addition, Tenant must also install rear steps (4 feet by 4 feet) and railings. Owner can adjust minimum size stated. Decks must be raised to the threshold of the doorway to the home. In lieu of traditional deck, the Tenant may install a full redwood deck. If a redwood deck is installed, the carpet will not be required. Redwood flooring must be 2” x 6” and the deck must be raised to the threshold of the doorway.

 

• Railings: May be (1) manufactured aluminum type, or (2) manufactured wrought iron, or (3) custom-made wood, in which case support posts must be 4” x 4”. The wood must extend to ground level at maximum intervals of 48”. Horizontal wood rails must be 2” x 4” at maximum intervals of 12”. Alternatively, vertical wood rails of at least 2” x 2” may be installed at maximum intervals of 3-5/8”.

 

• Awning (optional): Install a manufactured 40-pound load aluminum awning over deck/porch of at least 6 feet x 12 feet with aluminum trim on three sides and matching metal posts, installed to meet Logan City Building Code Requirements and prior to building must have a Logan City Building Permit if required.

 

• Skirting: Install Owner approved skirting all around home and on all decks, porches, and additions by full vinyl (T-Lok type only) skirting kit. No other is approved

 

• Fencing: When installed must chain link and 36” high with horizontal top rails and posts set in concrete with caps. Fencing may not extend past front of the home. Written approval from the Owner is required for all fences.

 

• The following is prohibited: (1) Window-mounted evaporative swamp coolers; (2) Vertical screening or partial or full enclosing of porches; (3) Outdoor clothes lines; (4) Storage sheds.

 

• All required improvements must be completed within 60 days of move-in, unless Owner grants additional time in writing for good cause.

 

Standards or Repair and Maintenance.  All Tenants must comply with minimum repair and maintenance standards, which include but are not limited to:

 

• All of the above “Standards of Incoming Homes” must be met at resale of an existing home.  A new purchasing Tenant will not be approved unless and until written arrangements assuring such compliance with the Standards for Incoming Homes are met. Each Tenant purchasing an existing home in the Community must have the home in full compliance with Standards for Incoming Homes at the time of sale.  All improvements and/or alterations of any kind must have prior Owner approval.

 

• Nothing except hubs and axles or masonry may be kept under the home.

 

• The deck and under the deck and porch will Not be used for storage. Regular furniture, brooms, mops freezers, refrigerators, washing machines may not be stored outside the home.

 

• Usable patio furniture and conventional outdoor living equipment is allowed on the deck as long as it does not crowd the area.

 

• Bicycles, toys, wagons, etc. must not be left outside the home when not in use.

 

• Exterior of home, including accessory structures and skirting:
  • Glass - All glass must be in perfect condition. Broken and/or cracked glass or windows are prohibited and must be replaced.
  • Doors - All doors to the home must be in good condition and must be painted. Damaged doors must be repaired or replaced.
  • Appearance of home - Dents, cracks, rust, and/or broken or missing parts on any portion of the Tenant's home are prohibited and must be repaired and/or replaced.
  • Appearance of home (with respect to skirting and siding) - Each home must be skirted and sided with Owner approved skirting and siding. Skirting shall have proper bottom and top rack. Skirting and siding must be in good repair and free of dents, holes, rust, fading, blistering, cracking and/or broken or missing parts.
  • Awnings - All awning and support posts must be in good repair. Bent or dented awnings or support posts are prohibited and must be repaired or replaced.
  •  Paint - Paint on all exterior portions of a Tenant's home must be in a good condition. Visible and unsightly rust, corrosion, fading, blistering, or cracking on painted surfaces must be replaced and/or repaired. Colors must be pre- approved in writing by Owner.
  • Utility connections - Tenant utility connections which leak, are unsafe, impede yard maintenance and/or violate health safety codes or regulations are prohibited and must be in proper working order.
  • Carpet on decks - All carpet on decks must be in good repair. Exterior carpet which has holes, is torn, dirty or loose must be replaced.
  • Decks - Decks, steps and hand railing must be kept in good repair. Stairs must be properly connected to decks. Decks must be sturdy and in good repair? wood must not be rotted, and all exposed wood must be painted. Handrails must be in good repair and of a Owner approved material. All steps and decks must have a Owner approved handrail. Each deck must be skirted with skirting of the same type as the skirting that is on the home and must match, in color, style and texture.
  • General appearance - The general appearance of the exterior of the Tenant's home must be kept in a neat and attractive fashion. A generally dirty appearance of the exterior of the home is prohibited.

 

• Owner is responsible for wrapping all above ground water lines with approved heat tape (plugged in by October) and covering above ground water lines with insulation, including the water supply riser for the leased homes that are owned by the Owner. Tenants who own or are purchasing homes are responsible to make sure that their water lines are properly insulated. Frozen water in pipes can cause water pressure buildup between the ice blockage and the closed faucet at the end of a pipe, which leads to pipes bursting at their weakest point. To help keep water in pipes from freezing, Tenant should keep cabinet doors open during cold spells to allow warm air to circulate around pipes (particularly in the kitchen and bathroom). Tenant should also keep a slow trickle of water flowing through faucets to keep water moving through the line. If Tenant plans to be away from the Property for any length of time, the heat must be left on during the cold season and the windows closed to avoid broken pipes and water damage. Damage to the water system caused by failure to comply with these Community Rules will be Tenant's responsibility.

 

• Sewer, electrical and gas connections must meet local codes and Owner's set-up requirements Owner must approve in advance, in writing, any repair or maintenance to Owner's property proposed by Tenant and all such work must be performed by licensed persons.

 

• Tenants may not alter, connect, disconnect or repair any Owner or utility company utility service. Tenants remain solely responsible for service connections and related problems between services post and Tenant's home, including maintenance of the sewer lateral to the main line. Digging by Tenant in Tenant's yard is strictly prohibited without first contacting the Owner. If digging is approved, Owner will make necessary arrangements to have utilities marked prior to digging.  If Tenant, Tenant's agent or contractor causes any damages to utility lines or pipe, Tenant must repair and pay the full sum of the bill on the first day of the month following billing.  The utility pedestals (meter and utility hookups) must be accessible at all times.

 

Space Maintenance and Use. 

 

• Property and authorized outdoor items must be maintained in a clean attractive and well-kept fashion.  Owner will maintain the yard and all shrubs, plants and trees.  Individual flowerbeds and/or planting areas/pots must be kept free of weeds and be maintained as green as possible in the appropriate growing season.

 

• If Tenants fail to properly maintain the Property the Owner may, at its sole discretion, enter the Tenant's Property and maintain the Tenant's yard. Prior to said entry, the Owner shall serve the Tenant a 48 hour Notice informing the Tenant that said work will be performed and estimating the cost of said services. If after the expiration of the above referenced 48 Hour Notice the Tenant has failed to maintain their Property, the Owner may enter and cause same to be performed. If the Owner performs said maintenance, the cost of said maintenance plus a service fee of $100.00 shall be considered additional rent and Tenant must pay for the work on the first day of the month after the work was performed, when paying rent.  If Tenant fails to pay for maintenance work performed by the Owner by the 5th day of the next succeeding month, Tenant shall be subject to 30-Day Notification to remove their home from the community and late fees, and any other remedies provided by law, these Community Rules or in Tenant's Lease Agreement.

 

• Leased Spaces and the real property of the Community remain under direct control of the Owner. No commercial enterprises are allowed in the Community without prior written consent from Owner. No peddling or door-to-door solicitation is permitted at any time.

 

• Satellite dishes, which are one meter or less in diameter, may be installed on the Tenant's manufactured home. Said satellite dishes may not, under any circumstances, be installed on the ground or any other location than the Tenant's home. No satellite dish larger than one meter will be allowed in the Community. Allowed satellite dishes shall be installed in such a manner as to allow for proper signal and aesthetics in the Community. If at all possible, without unreasonably increasing the cost of installation, maintenance, use, and/or precluding the reception of an acceptable quality signal, the satellite dish shall be placed at a location on the home that is least visible from the front of the home provided it can be done without unreasonable cost or disruption in signal, as set forth above.

 

• Exterior TV antennas are Not Permitted. CB, ham radio and larger radio antennas are not allowed.

 

• Refuse containers must be concealed except on pick-up day and must be returned out of sight on the Space the day of pick-up. No burning of debris is allowed. The dumping of refuse in the Community or any adjacent property is strictly prohibited.

 

• Oil dripping and damage to driveway, sidewalk or street must be repaired and cleaned by Tenant immediately? wood chips, bark, rocks or pebbles used as landscaping may not spread into street, sidewalks or driveway.

 

• Laundry may not be hung outside home and permanent clotheslines are prohibited.

 

• Tenant shall trim, water, care and control growth, pests and disease of all plants, shrubs and trees planted in personal planting areas and shall keep the same from presenting potential hazard to the Tenant's property. Each Tenant shall preserve the appearance of the Space, and to avoid fire or other health and safety hazards? promptly remove hazards, weeds or debris to inspect or perform services.

 

• Storage of furniture (other than customary patio furniture on the patio/deck), appliances or other materials is not permitted outside the home.

 

• Each Tenant is responsible for snow removal on Tenant's Space.

 

Vehicles and Parking.

 

• All vehicles brought into the Community by a Tenant or guest must be properly licensed and meet all Utah and local regulations. Vehicles which are inoperable condition, or whose license or registration has expired must be removed.

 

• Vehicle registration and proof of insurance must be on file with Community Owner's office.

 

• Only persons with a valid driver's license may operate motor vehicles within the Community.

 

• Only street legal motorcycles may be ridden in or out of the Community. Dirt bikes and off-road vehicles are not allowed.

 

• Vehicles in excess of one-ton carrying capacity other than those providing service at Owner's request are prohibited.

 

• Bicycle riding as transportation in and out of the Community is permitted? however, all Tenants and guests are required to obey vehicle traffic regulations.

 

• The speed limit within the Community is 10 miles per hour. All Tenants and their guests must drive cautiously and observe all common traffic regulations. To exceed the posted speed limits or violate common traffic regulations is deemed behavior that substantially endangers the well being of persons and property. To drive any vehicle (car, truck, motorcycle, bicycle, etc.) either by Tenant or Tenant's guest causing such danger or disturbance within the Community either because of the hour, manner or because of the vehicle itself, shall constitute grounds for the termination of Tenant's Lease.

 

• The roadway within the Community is a designated as fire lane and therefore must be clear of any and all obstructions to permit access by the appropriate agencies and to allow for snow removal in winter months.  No parking is allowed on the street except while temporarily loading or unloading. Owner authorized vehicles may park on the streets while Owner is performing Community maintenance and/or other services. Tenant agrees that any vehicle (belonging to Tenant, Tenant's guest, and/or family member) parked in an area as set forth above, or which is abandoned will be towed from the Community at the Tenant's expense without prior notice.

 

• Most Spaces accommodate three vehicles and only two will be allowed for that Space.  Tenants are allowed to park vehicles only in the parking area provided. All vehicles must be parked entirely on the parking area of the Tenant's Space. No vehicles may be parked on the street, grass or yard. Guest's vehicles may be parked on the Tenant's driveway only if room is available as explained above.

 

• No recreational vehicles, trailers, snowmobiles, 4-wheelers, campers or boats, or inoperable, unsightly or unused vehicles may be parked in the Community. Tenants may park recreational vehicles on the Leased Space driveway one day per month for cleaning, loading or electrical recharging.

 

• Semi-tractor trailer trucks or other large work vehicles cannot park in the Community.

 

• No major repairs may be made on vehicles in the Community. No oil, waste, grease or other fluids may be discharged anywhere. Painting vehicles is prohibited. Major repairs are anything beyond removing tires or spark plugs. Tenant is responsible to clean up all oil that leaks from their vehicles.

 

• Any unauthorized vehicles parked in the Community or any vehicle that is in violation of theses Community Rules may be towed away at the vehicle owner's risk and expense. If any such vehicle is not removed the Owner may have it towed and stored at the Tenant's or vehicle owner's risk and expense.

 

Conduct by Tenants and/or Guest of Tenants in the Community.  For the purpose of these Community Rules, a minor is any person under the age of 18.

 

• Tenants will be held responsible for all actions and conduct of their minor children and guests and any damage caused to Community or another Tenant's property will be charged to the Tenant.

 

• Minors must always be supervised by a responsible Tenant of suitable age at all times in the Community.

 

• Guests remaining for more than one week (7 days) must register with and have prior approval of Owner.

 

• Guests may not bring pets into the Community.

 

• Playing, bicycle riding (other than to enter or leave the Community), skateboarding or roller-skating in the street or on a vacant Space is not permitted.

 

• Trespassing across another Tenant's Space is prohibited unless the latter Tenant grants permission. However, the Owner's authorized agents may enter at reasonable times and hours upon any Space for periodic inspection and legitimate Community business, including, but not limited to necessary repairs and maintenance.

 

• Any action, which can be construed as violating another Tenant's peaceful enjoyment of their home, which is their right, will be considered disturbing the peace and will not be tolerated. This includes but is not limited to loud parties, abusive language, yelling, arguing, fighting, excessive volume of the radio, stereo, televisions, or other electronic or musical instruments, noisy automobiles, lawn mowers, power tools, or equipment operating so as to disturb Tenants will not be tolerated. This pertains to All Tenants and guests regardless of age.

 

• Soliciting membership or contribution in any organization, group or association for any purpose, canvassing, peddling, soliciting and distribution of handbills or any other written material in the Community is prohibited, and Tenant will cooperate to prevent the same. Notwithstanding the foregoing, the Owner shall have the right to distribute written materials to the Community Tenants. In addition, nothing in the foregoing shall be deemed to prohibit or restrict the distribution of election materials by political candidates or materials related to any issue that is to be submitted to the electors in any election during the period beginning 45 days before and ending four days after any election.

 

Pets.

 

• No outdoor animals are allowed. Small indoor dogs and cats may be permitted but must be approved in writing in advance and registered with the Owner.

 

• There is a maximum of two pets per Space and all pets must be spayed or neutered.

 

• Pets must be licensed and inoculated in accordance with local laws. A pet found in the Community without proper tags and/or registration with Owner will be reported to the Humane Society or Logan City for pick up.

 

• No temporary kenneling or pet sitting is allowed. No breeding of pets is permitted.

 

• Permission to keep a pet may be revoked at any time if a pet constitutes a public nuisance, bites, attacks or in any way interferes with others and/or causes complaint. Once required to leave, a pet may not return to the Community.

 

• Farm animals, including cows, sheep, goats, pigs, etc. are prohibited, as are ducks, geese, rabbits, chickens and/or pets of exotic type including snakes, lizards, monkeys, etc.

 

• If any violation of the pet Community Rules is observed or another Tenant makes a valid complaint, the pet owner will receive an official written warning to correct the problem or dispose of the pet or vacate the Space. If a second violation is noted, or a second valid complaint is received, the pet owner will receive a “Three–day Notice to Comply or Quit” for behavior, which substantially endangers the well being of persons or property.

 

Move and Resale Restrictions.

 

• On-site resale and move-in restrictions: The following restrictions will be enforced, in Owner's sole discretion, when a homeowner applies to move a manufactured home into the Community and when any existing Community Tenant wishes to sell, convey or otherwise transfer his/her manufactured home to a purchaser who desires to lease Space in the Community:

 

• All manufactured homes at resale shall be a minimum of 12' in width and 40' in length and have a removable hitch. The exterior of all manufactured homes shall be in good repair with paint in good condition and shall be in compliance with all above listed Community Rules with standards for incoming homes. Siding shall be clean and free of dents and other damage. Windows, storm windows and storm doors shall be unbroken and in good condition. The roof shall be of a design, color and material approved by Owner in its sole discretion. The manufactured home shall comply in every respect with local, state and federal rules, statutes, ordinances, regulations and codes and with the Community Rules of the Community then in effect. These criteria shall continue to apply to all homes and home sites after a manufactured home is moved into the Community.

 

• Notwithstanding the foregoing, nothing shall prohibit the Owner from requiring compliance with the Community Rules in effect at the time of sale or transfer. It the manufactured home does not comply with these new requirements, this will prevent Tenant from selling his/her manufactured home on-site and will require that it be removed from the Community if it is sold.

 

• Tenant understands that demand for a limited number of manufactured home Spaces in the market place and costs of relocating the manufactured home could seriously impair the value of the manufactured home on resale. By signing a Lease Agreement, the Tenant is willing to accept these risks and that Owner has made no promises or representations in this regard.

 

• Tenant acknowledges that sale, conveyance or other transfer of Tenant's manufactured home does not include a transfer of the right to possession of the Space. Tenant's Lease Agreement and these Community Rules do not convey any interest in the Space to a proposed new homeowner unless appropriate written application has been submitted to and approved by Owner in advance. No persons or entity shall be deemed a third party beneficiary of any of the terms of Tenant's Lease Agreement or of the Community Rules of the Community. The terms of the Lease Agreement and these Community Rules are personal to Tenant.

 

• Resale procedure: Tenant is responsible for adhering to the following procedures before any sale of his/her manufactured home on-site
  • Notify any potential purchaser of the manufactured home of the following restrictions: If you desire to purchase a manufactured home located in the Community, unless you receive prior written approval from Owner to become a Tenant in the Community, you must immediately remove the manufactured home from the Community after the sale of the home and, if you do not immediately remove the manufactured home from the Space and the Community, you will be considered a trespasser and subject to immediate eviction by the Owner.
  • See that any requirement imposed by Owner, in its sole discretion, as conditions to any agreement to allow the manufactured home to be sold onsite and remain in the Community are satisfied including, but not limited to repair or replacement of any of the following:
    • Skirting.
    • Windows and screens.
    • Awnings and decks.
    • Paint on the exterior.
    • Compliance with all health and safety codes.
    • Landscaping.
    • Oil spills or stains on the driveway, space or street.
    • All damage to the accessory structures, if any.
    • Those items otherwise identified in the Lease Agreement or the Community Rules at the time of sale.
  • Prior to the date of sale, transfer or conveyance of the manufactured home, purchaser must obtain from Owner a fully executed Lease Agreement for the Property (which approves the manufactured home), identifying purchaser as Tenant and which purchaser and Owner execute. In the event the Tenant fails to satisfy each and every requirement set forth above, Tenant shall be liable to Owner for any damages incurred by Owner as is provided in subparagraph (C) thereof, and as provide in the Lease Agreement upon breach.
  • In the event the Tenant sells, conveys or otherwise transfers the manufactured home during the term of the Lease Agreement and, in conjunction therewith, relinquishes occupancy thereof and of the Space to the purchaser(s), without prior written approval of Owner in its sole discretion, Tenant shall be in breach of the Lease Agreement, and Owner shall be entitled to immediate possession of the Space as against a trespasser, and to all damages against Tenant for any an all expenses incurred by Owner in any action brought against said purchaser to regain possession of the Space or otherwise. In such case, any notice of breach and/or notice to quit required by Utah law to be served upon Tenant shall be effective when posted on the Property identifying Tenant or purchaser or both. For the purpose hereof, a “sale, conveyance, or transfer” of the manufactured home shall include any contract for the sale of the manufactured home which provides for the future transfer of title based upon satisfaction of certain other requirements.
  • In the case of the death of Tenant where no spouse or co-owner who is an approved Tenant of the Community survives, at Owner's sole option, this Lease shall terminate. Any unapproved conveyance or transfer of the manufactured home upon Tenant's death shall be deemed an unauthorized sale or transfer of the manufactured home and assignment of this Lease Agreement and Owner shall be entitled to immediate possession of the Property as against a trespasser.
  • In order to upgrade the quality of Community, Owner may require the removal of a manufactured home in the event of a sale to a third party, if (1) a manufactured home is less than 12' wide or less than 32' in length excluding the length of the tongue, (for purposes of these measurements, only the box or living area of the manufactured home will be measured), or (2) it is in run-down condition or in disrepair.
  • Tenant may advertise the sale, conveyance or transfer of the manufactured home. Tenant or Tenant's agent may display a sign in the window of the manufactured home not to exceed 24” x 36”.
  • No part of the foregoing requires that Tenant sell his/her manufactured home only to purchaser(s) who will remain in the Community. Moreover, no prospective purchaser(s) of Tenant's manufactured home is under any obligation to lease Space in the Community as a condition to his/her ability to purchase Tenant's manufactured home. However, if a purchaser of Tenant's manufactured home desires to become a tenant in the Community, he/she must first obtain Owner's advance approval as provided above.
  • All applicants for residency, whether a homeowner or renter, must submit a written application to Owner. Each adult (18 years or older) member of the household must fill out a “Tenant Rental Application”. Applicants must provide suitable references from previous Owners and lenders. By applying, Applicants agree to allow Owner to obtain a full credit report on applicant(s). Written approval from the Owner must be received prior to purchasing a home and/or moving into the Community. Applications may be rejected and/or residency terminated for failure to satisfy any one of the above criteria or because of an applicant's materially false and/or misleading statements or omissions made to the Owner. Applications and all required paperwork must be submitted at least twenty (20) days prior to any proposed sale or transfer.

 

Breach of Community Rules and/or Lease Agreement and Termination of Tenancy. 

A breach of the Community Rules set forth herein as well as any breach of the Lease between the parties shall be grounds for termination of Tenant's tenancy.  Tenancy in the Community may be terminated upon such notice and in such manner as is required under Utah law.

 

Mediation and Arbitration.  Except as limited herein, if a dispute arises out of or relates to these Community Rules or the breach hereof and if said dispute cannot be settled through negotiations, the parties agree to first try, in good faith, to settle the dispute by non-binding mediation in accordance with the Rules of the American Arbitration Association. If the dispute cannot be settled through mediation, then the parties agree that jurisdiction shall lie exclusively in the State Courts for Cache County, State of Utah.  

 

Opportunity to Remedy. Owner shall Not be in default of any of its obligations hereunder until after Tenant has given Owner the notice provided herein.  If at any time, Tenant believes Owner has not fulfilled any legal obligations Owner may have to Tenant, Tenant agrees to immediately give the Owner written notice specifying what Tenant believes Owner has failed to do and indicating what Tenant believes Owner needs to do in order to fulfill these obligations.  This notice shall be mailed to Owner (at the address set forth in Tenant's Agreement) by either registered or certified mail.  This notice shall be as detailed as is necessary to permit Owner to fully understand Tenant's concerns. It is agreed that Owner will have at least 90 days, or such longer period of time as is reasonably necessary, after receipt of Tenant's notice, to remedy the problem(s) or issue(s) identified in the notice.  If Owner does remedy the problems within the time period allotted, Tenant agrees that Owner will have no liability to Tenant for any expense, cost, damage, or injury as a result of any failure alleged by Tenant. If Owner fails to remedy the problem within a reasonable time after receipt of Tenant's written notice, the problems will then be subject to mediation per paragraph 15 of these Community Rules.

 

Non-Liability of Owner.  The obligations of Owner pursuant to these Community Rules do not constitute personal obligations of the individual employees, representatives, agents, partners, directors, officers, or shareholders of Owner and Tenant shall look solely to the Property and to no other assets of the Owner for satisfaction of any liability that may be imposed upon them in respect of these Community Rules and Tenant will not seek recourse against the individual employees, representatives, agents, partners, directors or shareholders of Owner, or any of their personal assets for such satisfaction or for any deficiency judgment should Tenant be unable to satisfy any liability owed to it.

 

Crime and Drug Free Housing.

 

• Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control shall not engage in criminal activity including drug related criminal activity, in or about the Community. Drug-related criminal activity means the illegal manufacture, sale, distribution, and/or use of controlled substance as defined in Section 102 of the Controlled Substance Act 2 U.S.C. 802.

 

• Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control shall not engage in any action intended to facilitate criminal activity including drug related criminal activity, in or about the Community.

 

• Tenant or members of the household will not permit the Space to be used for or to facilitate criminal activity, including drug related criminal activity, regardless of whether the individual engaging in such activity is a Tenant or guest.

 

• Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control shall not engage in acts of violence or threats of violence including but not limited to domestic abuse, child abuse, use of weapons of any type and/or unlawful discharge of firearms, including a Recurve and/or compound bow, either in the Tenant's Property and/or in the Community.

 

• Tenant shall be responsible for any actions of any member of the Tenant's household, minor occupants, guests or other person under the Tenant's control.

 

• Violation of these provisions shall be considered “behavior by a Tenant, which threatens or substantially endangers the security, safety, well-being or health of other persons in the Community or threaten or damages the property in the Community” as set forth in Utah Code Ann.57-16-5 (1)(c) and eviction proceedings will commence immediately to terminate Tenant's Lease without giving Tenant an opportunity to cure the violation.

 

• A single violation of any of these provisions shall be deemed a serious breach and eviction action will be taken.

 

• In any trial, criminal conviction will not require proof of violation, but shall be by a preponderance of the evidence.

 

Miscellaneous Community Rules.

 

• This agreement may be terminated for any reason provided by law or for any one of the following causes:
  • Mutual written agreement of the Tenant and Owner.
  • Non-payment of rent, fees or service charges.
  • Failure of a Tenant to comply with Community Rules for the period of time as may be applicable under the Community Rules, the Lease Agreement or by law after receipt of a notice for failure to abide by Community Rules.
  • Repeated failure of a Tenant to abide by Community Rules.
  • For any cause provided for under the Utah Mobile Home Park Residency Act.
  • Behavior by a Tenant, which threatens or substantially endangers the security, safety, well being or health of the other persons in the park or threatens or damages property in the Community.
  • A change in the land use or condemnation of the Community or any part of it.
  • Abandonment of the manufactured home and/or leased Space by Tenant.

 

• Any complaint that a Tenant has either against another Tenant or against the Community shall be set forth in writing, with a copy delivered to the Owner.
• Tenant hereby agrees to indemnify, defend, and hold harmless Owner from any claims, loss, damage injury or breach of contract of whatsoever kind of nature resulting from the actions or failure to act of Tenant and Tenant's agents, employees, family members or guests including reasonable attorney's fees necessary to defend any action brought by any party or entity against Owner and/or the Community as a result of the actions or failure to act as provided herein.

 

• The waiver by Owner or failure of Owner to take action in respect of any breach of term covenant, or condition contained herein, or in the Lease Agreement shall not in any way sanction any subsequent breach or violation. The subsequent acceptance of rent by Owner shall not be a waiver of any preceding breach of these Community Rules or of the Lease Agreement.

 

• In any legal action arising out of these Community Rules, the prevailing party shall be entitled to reasonable attorney's fees and court costs. Tenant shall be responsible to pay Owner for any attorney's fees and costs incurred by Owner in serving any eviction notice upon Tenant as a result of failure to pay rent, violation of these Community Rules or the Lease Agreement or of any other reason provided by law. In the event that the eviction notice is cured, failure to pay attorney's fees and costs shall be a violation of these Community Rules and the Lease Agreement.

 

• Time is of the essence in these Community Rules and of the Lease Agreement between the Owner and Tenant. Each provision of these Community Rules is separate, distinct, and individually enforceable. In the event any provisions are declared to be unlawful or unenforceable, the remaining provisions shall not be affected.

 

• The Community Rules of the Community, taken together with the Lease Agreement, addendums to, and any written pet agreement constitute the entire Agreement between the parties regarding the rental of Property in the Community. Notice required to be given to either party to these Community Rules shall be given in accordance with Utah law or as is otherwise specified in these Community Rules or in the Lease Agreement.

 

• The requirements of the Lease Agreement are understood and agreed to be an integral part of these Community Rules (as the Community Rules may be modified or amended from time to time) and are incorporated herein by this reference. In the event of a conflict between the provisions of these Community Rules and those contained in the Lease Agreement, the provisions, which are more restrictive of the Tenant, shall govern.  This is to enhance the well being of the Community.

 

• Whenever these Community Rules call for the approval or consent of Owner, said approval must be in writing and may be withheld in the sole discretion of Owner.

 

Amendment to Community Rules. 

Upon notice, and in the manner as is required by Utah law, Owner may amend these Community Rules.