Resources
Helpful links and resources
Helpful links and resources
Mobile home park owners in B.C. now have less power to amend park rules under changes to provincial law.
Formerly, landlords could implement new rules at their whim with little notice to owners of manufactured homes living on their property.
But under the update to the Manufactured Home Park Tenancy Regulation, effective April 30, 2024, landlords can now change park rules only once a year, and they will have to provide three months’ notice.
“People shouldn’t be subject to rules that can change every two weeks,” said B.C. Minister of Housing Ravi Kahlon, who described mobile home parks as “an important option for people in this province, often providing affordable housing.”
Kahlon said ever-changing park rules can sometimes be complicated and lead to preventable evictions. He said the updated regulations will give residents more stability.
If a park has a committee, like a strata council, there is still no limit to how often rules can be changed.
According to the 2021 census, 51,000 people in B.C. were living in moveable dwellings, including mobile homes, house boats, recreation vehicles and railroad cars.
Susan Belford, president of the Active Manufactured Home Owners Society of B.C., which has more than 400 members across the province, says the updated regulations are a win for homeowners.
“There has been an anecdotal history of some park owners, by no means all, but some park owners using park rules as their go-to response to challenges in the park,” said Belford, who has lived in a manufactured home since 2019.
She said some owners would change park rules several times a year, and that she had heard of some owners using rule changes as a tool to evict tenants.
“Manufactured-home owners in these parks would be constantly unsure of what they have to do,” she said.
The updated regulation also clarifies that park rules need to be reasonable and either promote the convenience or safety of tenants, protect and preserve the condition of the park, regulate access to a service or facility, or regulate pets in common areas.
The Ministry of Housing says park rules can’t contravene the Manufactured Home Park Tenancy Act. If they do, a tenant doesn’t have to abide by the rule.
Ahead of the change, the new regulation was developed through a stakeholders group that included consultation with homeowners’ and park owners’ associations.
Willie Kovak, president of the Manufactured Home Park Owners Alliance and a member of the stakeholders committee, described the changes as “good and bad.”
While he says they provide more stability to homeowners, he adds that they limit ways for landlords to address difficult tenants or tenants who have had a complaint filed against them.
“As a landlord, I cannot potentially react within a reasonable amount of time,” he said.
He says park owners usually have to update the rules to address issues they never thought required a clear rule.
“In the last two years … I’ve changed the rules twice because I didn’t think I would have to tell a tenant, ‘You can’t have three shipping containers on your lot,'” he said, by way of example.
Operates a free lawyer referral service and several pro bono programs. Access Pro Bono website ↗.
Access Pro Bono’s lists of other legal service providers and online legal resources that may provide legal advice or assistance regarding your matters. The following non-pro bono (fee-based) programs may also be of assistance:
LAWYER REFERRAL SERVICE
604.687.3221 / 1.800.663.1919
EVERYONE LEGAL CLINIC
www.everyonelegal.ca / 778.200.4478
Another resource that may be of assistance:
People’s Law School
BC Non-Profit dedicated to making law accessible. Provides free education and information for various legal needs. Beagle+ can quickly answer inquiries.
To advance and promote a just society governed by the rule of law, through leadership, innovation and collaboration. Law Foundation of British Columbia website ↗.
Where to find a legal advocate. Povnet website ↗.
Lower income seniors renting in the private market may be eligible for a rent supplement through SAFER. Visit SAFER website ↗ for more information.
TRAC’s purpose is to promote the legal protection of residential tenants across British Columbia by providing information, education, support and research on residential tenancy matters. TRAC website ↗and other organizations page ↗.
CLAS is a non-profit law firm serving people in BC since 1971. They provide legal assistance and work to advance the law to address the critical needs of those who are disadvantaged or face discrimination. They participate in meetings with RTB. CLAS website ↗. They can help prepare and represent at higher BC court when RTB fails, see Losing your housing ↗. They produced a few informative reports, includingsome about rentals. See https://clasbc.net/resources/reports-and-publications/ ↗
The Office of the Information and Privacy Commissioner provides independent oversight and enforcement of B.C.’s access and privacy laws. These guidelines are intended to assist landlords and property managers in discharging their duties under the Residential Tenancy Act in a manner that respects the privacy of tenants and promotes transparency in the operation of landlord and tenant relationships
RTB Forms available to download ↗.
Additional information about selling your home ↗.
Information on buying & selling manufactured homes ↗.
The BCMHO has an excellent page on resources for RTB procedures.
Before selling your unit, to maintaining the established pad fee, consult the advice on Request for Consent to Assign a Tenancy agreement which involves filling out the RTB-10 form.
There are steps to put in place for buyers and sellers of a manufactured home that sit on a rental pad that protects the new owners from pad rental fee increases BEFORE the sales transaction happens.
Buying and selling manufactured homes Did you know?
This guide provides general information about the Manufactured Home Park Tenancy Act and Regulation.
The Residential Tenancy Branch – Both tenants and landlords have specific rights and responsibilities in a tenancy. For answers to you tenancy questions or to apply for a dispute resolution visit the Residential Tenancy Branch website ↗ Or phone them with your questions at: 604-660-1020 (Lower Mainland) 250-387-1602 (Victoria) 1-800-665-8779 (Elsewhere in B.C.)
The Manufactured Home Park Tenancy ACT ↗. Between the ACT and the REGULATIONS, it has all the current information. Both documents refer back and forth to each other so basically one is no good without the other! It makes it clear what it applies to and what it does NOT apply to. Not to be confused with the Residential Tenancy Act ↗. Landlords and tenants may not avoid or contract out of these Acts or the Regulations. Any attempt to avoid or contract out of this Act or the regulations is of no effect. The law is the law.
Question: Are their any rules regarding collecting annual fees from tenants and holding those fees in a bank account for park social events?
Answer: Since this involves homeowners turning over money it invites a lot of questions. The MHPTA and regulations only govern what is called a park committee which is composed of the landlord and homeowners. If enacted they usually fall apart as the landlord refuses to show up so nothing can be legally enacted. The next one is a homeowners park committee composed solely of homeowners. We have information on how to start one. Then there is the social committee. A social committee can function on it’s own, decide who it’s members are and can ask but not force homeowners for money as fees for socials, garage sales etc. Be very wary if the landlord starts his own committee, chosen by the landlord.
Question: Most sites in our park currently pay around $500 per month rent. The landlord has issued a notice that on sale new tenants must pay $800 per month, and will not agree to or allow assignment of tenancy agreements. Is this legal?
Answer: Maybe BUT Sec 28 (1) (a) of the Act states: If the proposed purchaser has obtained written consent or is deemed to have obtained that consent then assignment is allowed. RTB-10 form asks the consent of the landlord or is deemed to have obtained it. It is the buyers only assurance that current rent and current leases are guaranteed. Google RTB-10 to view the six reasons a landlord can say no. Landlords reasons can be challenged at arbitration.
Manufactured Home Owners
The Lower Mainland Manufactured Home Owners Association
The umbrella organisation for lower mainland communities including large cities, towns and villages along both banks of the Fraser River, from Coquitlam, Port Coquitlam and Port Moody on the north side and Surrey on the south side up to and including Hope and area. Lower Mainland Manufactured Home Owners Association website ↗.
The Penticton & District Manufactured Home Owners Association
Helping homeowners from Summerland to Osoyoos and Keremeos to Princeton. Penticton & District Manufactured Home Owners Association website ↗.
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.