Tuesday, July 6, 2010

Victory for Park Model Owners!

New Arizona Park Model Laws Effective July 31, 2010

BACKGROUND
Active Resort Properties is the premier sponsor of the Moms and Pops of America (MAPOA). MAPOA is a volunteer based grass roots advocacy organization founded to represent a voice in Arizona State legislature for seniors and small businesses. Membership is FREE and encouraged by all winter visitors who wish to stay informed about legislation which could affect their lives and investments in Arizona. For more information about MAPOA, please visit http://www.momsandpopsofamerica.com/ or email our lobbyist at: karakholt@gmail.com.

During the 49th Second Regular Legislative Session, we were able to successfully pass two very important bills which substantially amend the Long Term Space Rental Act pertaining to the property rights of park model/park trailer owners in Arizona. The enforcement of these bills through the Arizona Judicial system should ultimately help owners of park models maintain higher values for their properties and certainly grant some additional peace of mind for those currently living in or anticipating residency in one of these types of communities.

These two bills (SB1146 and HB2255) were signed into law by Governor Brewer in April and May of 2010 and have an effective date of July 31, 2010. Once these laws become effective, it will be against the law for a community to prevent a park model owner from hiring an outside broker to assist them in selling their home, prohibit for sale signs and open house signs including those which display their or their agents name and contact information and will not be able to essentially evict residents when they feel like it. For the past decade, park model owners have been denied the same rights under the law as manufactured housing owners in regard to their Constitutional Rights to dispose of their property.

Over the past ten years various groups have attempted to get this modified in legislature and it wasn’t until this last legislative session that this actually happened. Now, park model owners will no longer have to bow down to unfair and unethical practices of many community ownership that have leveraged the legal loopholes to their financial advantage making it nearly impossible for a park model owner to compete with their landlord for buyers.

As anyone knows that has ever lived in a park model/RV resort, the lifestyle, friendship and fellowship of these types of communities is unparalleled. Now fun in the sun has a little bit more level playing field. The softball players should like that!




HERE ARE THE TWO BILLS:

SB1146
SB1146 amends; Title 33 Ch.19 Article 1 ARS 33-2102. Definitions 17(c) defining a park trailer as a PARK MODEL interchangeably which refers to an RV that was originally mounted on wheels and which the wheels have been removed and whose gross trailer area is not less than 320 sq’ and not more than 400 sq’ when it is set up.

In the same Title 33, SB1146 also amends; Ch.19 Article 3 ARS 33-2132. Rules C(4) WITHIN 10 DAYS OF A WRITTEN REQUEST BY THE SELLER OR PROSPECTIVE PURCHASER, A LANDLORD SHALL NOTIFY THE SELLER AND THE PROSPECTIVE PURCHASER IN WRITING OF ANY REASONS FOR WITHHOLDING APPROVAL OF A PURCHASE PURSUANT TO THIS PARAGRAPH. THE NOTICE TO THE SELLER SHALL IDENTIFY THE REASONS IN SUMMARY FASHION CONSISTENT WITH APPLICABLE FEDERAL AND STATE CONSUMER PROTECTION LAWS AND SHALL INFORM THE SELLER THAT THE SELLER SHOULD CONSULT WITH THE PROSPECTIVE PURCHASER FOR MORE SPECIFIC DETAILS and C(6) {a landlord shall not}; Prohibit a tenant from advertising the sale or exchange of the tenant’s recreational vehicle, INCLUDING THE DISPLAY OFA “FOR SALE” OR “OPEN HOUSE” SIGN ON THE RECREATIONAL VEHICLE STATING THE NAME AND CONTACT INFORMATION OF THE OWNER OR AGENT OF THE RECREATIONAL VEHICLE. IN ADDITION, a tenant may display a sign on a central posting board in the park that is reasonably accessible to the public seven days a week during daylight hours. And C(7) {a landlord shall not} REQUIRE A TENANT OR PROSPECTIVE TENANT TO USE ANY SPECIFIC SALES AGENCY, MANUFACTURER, RETAILER OR BROKER.

HB2255

Hb2255 amends; Title 33 Ch.19 Article 4 ARS 33-2143. Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant: failure to pay rent: notice: damages: definition. “SUBCLAUSE F” EXCEPT FOR THOSE RECREATIONAL VEHICLES THAT ARE PARK TRAILERS AS PRESCRIBED IN SECTION 33-2102, a landlord may refuse to renew a rental agreement without cause by serving written notice to the tenant to renew a rental agreement without good cause by serving written notice to the tenant at least ninety days before the end of the rental agreement. Besides this language, there were limitations placed on the percentage of fees landlords may charge for utilities. Please visit the http://www.azleg.gov/ website for a full view of these two bills including a complete history of the progression of the bills as they were passed and ultimately signed by Governor Brewer.

Acknowledgements:

The passing and signing of these bills were a huge victory for park model owners thanks to those who had the courage and willingness to stand up and share their stories before the Arizona State Legislature. A special thanks goes to all the small “mom and pop” businesses that served as distribution points for our literature to make these issues known to voters in Arizona who were willing to stand by their winter visitor friends. Much gratitude is owed to Senator John Huppenthal and Senator Barbara Leff for their sponsorship and assistance to get the bill passed and to Governor Jan Brewer for signing the bill into law.

Thanks also to Representative Cecil Ash, the previous owner of Viewpoint RV Resort, for helping to get the votes in the House and all of the other legislators who were willing to vote in favor of these bills. These are very big first steps which now set policy to give our winter visitor friends’ equal protection under the law in some of their property rights. A special thanks to Gerry Adcock, Dan Washburn, Marge Webb and Jean Creagan for their guidance, support and testimony. An of course Earl Lundin, my initial one and only live testimony that made all the difference in the hearts of our legislative gate keepers.

Thank you for this opportunity to serve you!

Please feel free to contact our office for more information: 1-800-478-3864

According the an excerpt of the 5000 Year Leap p.172 Justice George Sutherland of the US Supreme Court once told the New York State Bar Association: It is not the right of property which is protected, but the right to property. Property, per se, has no rights; but the individual-the man- has three great rights, equally sacred from the arbitrary interference; the right to his LIFE, the right to his LIBERTY, the right to his PROPERTY...The three rights are so bound together as to be essentially one right. To give a man his life but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave. (Principal or Expedient? Annual Address to the New York State Bar Association, 21 January 1921, p.18)