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CharleneW
(Maryland)
Posts:3
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| 10/18/2007 5:27 AM |
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First, a little background. I want to apologize now, because this is going to be a long post.
I live in a mobile home park in Howard County, Maryland. As far as I know after doing a little research, this park has the highest rent in the State of Maryland, and probably in the country! We moved here in January of this year (2007). The park is falling apart and in need of repair and improvements that the owners will not make (roads need to be totally repaved, man hole covers missing, street lights out, metal straps still on lots after mobile homes removed, no play area for kids, no sidewalks, but the kids are not allowed to walk on the streets, and not allowed to walk on other peoples lots). The property is PRIVATE property, not public.
We have formed a voluntary neighborhood association. There are dues, but it is not mandatory that all tenants join. But if you join, you agree to allow the association to represent your interests, and pay the annual dues. Do we have to be incorporated? There is no law on voluntary neighborhood associations in Maryland. There is a Maryland Homeowners Association Act, however, it does not apply to use as this Act only covers associations which own their common grounds, etc. We only own our mobile homes. We are getting this together to try to get improvements in the neighborhood that the owner fails to do. We all feel there is power in numbers, and the more we have pushing for issues that need to be addressed, the more we can accomplish. We only have 18 members to date, and the expense to incorporate is $120 in MD. What are the benefits of incorporating? I have 15 years legal experience, and 5 years in real estate, so the law is not a stranger, but I am not a lawyer. According to the IRS, a non-profit association does not have to be incorporated, but should still have Articles of Association which incorporates the bylaws, signed by all officers. This is required for a non-profit tax exemption. Would this type of document cover us? I would include in these Articles an indemnification clause holding the officers harmless.
ANY information or help would be greatly appreciated.
THANKS!!
Char
ourassociation@comcast.net
BACKGROUND
Since we have moved in, roads were supposed to be repaired and they are trying to enforce ridiculous rules & regulations. I have explained them below if you would like an indepth explanation of those. A lot of the homeowners complain about how the park is run, but never do anything about it, so nothing has ever been done. Myself and another tenant have taken it one step further. I have personally filed a complaint with my Attorney General, Consumer Protection Division who enforces the Mobile Home Property Act her in Maryland. Still waiting to see what the park is going to do about my complaint. The other tenant has personally went to the owners other place of business to complain about conditions, etc.
When we inquired about renting a lot in the park, I specifically asked about the rules & regulations. I was told "there were none, per se. What do you need to know?" I asked how many vehicles were allowed in the park, I was told up to 3. I asked if boats were part of the 3 vehicles, and was told no. I asked about the pet policy, I was told "as long as you don't have any mountain lions." I was told that I would have to pay the past tenants back lot rent in order to rent the lot the mobile home was on that I was purchasing, which was $1,811. The roads were in desperate need of repair, and we were told that they would be repaired in the spring of 2007. OK. NOW. The park owner is trying to put rules & regulations into effect, however, everyone will not sign for a copy, so they are not enforceable at this time. BUT, they state only 2 vehicles are allowed now and must be parked in the driveway, which includes any boats. We had 3 vehicles plus a boat. So I sold my 1969 Mustang (which was tagged, legal & running), and have our boat up for sale. We are not allowed to own rottweilers. I had two, very nice rotties, brother & sister, got rid of one, still have one. Rules state that YOU are responsible for YOUR back lot rent, not the new tenant. I'm fighting for my $1,811 back for the old tenant that I paid their back lot rent. |
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