57-16-16 - Mobile home park residents' associations.
57-16-16. Mobile home park residents' associations.
(1) As used in this section:
(a) "Park operator" means an owner, operator, or manager of a mobile home park,including an employee, agent, or independent contractor of the owner, operator, or manager.
(b) "Primary resident association" means, for a mobile home park with more than oneresident association, the resident association that has more members than any other residentassociation within the mobile home park.
(c) "Resident association" means an organization of mobile home park residentsorganized to address their common interests and concerns related to the mobile home park.
(d) "Resident entity" means a noncommercial entity that:
(i) advocates for residents of the mobile home park; or
(ii) addresses issues relating to mobile home parks that affect or are of concern toresidents of the mobile home park.
(2) (a) Residents in a mobile home park may:
(i) form a resident association; and
(ii) participate in a regional, state, or national resident association or advocacy group.
(b) A resident association may limit membership in a resident association to owners ofmanufactured homes within a mobile home park if the purpose of the resident association is topurchase some or all of the mobile home park.
(c) (i) There may be more than one resident association for a mobile home park.
(ii) A park operator is not required to acknowledge any resident association other thanthe primary resident association.
(3) At a meeting at which a majority of members are present, resident associationmembers may:
(a) elect officers of the resident association; and
(b) adopt bylaws of the resident association.
(4) (a) Except in an emergency, a resident association shall provide seven days' notice ofa resident association meeting to all residents of the mobile home park.
(b) A resident of a mobile home park may attend a meeting of a resident association,whether or not the resident is a member of the resident association.
(5) (a) An officer or member of a resident association may not be held personallyresponsible or liable for an act or omission of the resident association or of another officer ormember of the resident association.
(b) Subsection (5)(a) may not be construed to limit the liability of an individual who is anofficer or member of a resident association for the individual's act or omission.
(6) A park operator may not:
(a) be a member of a resident association;
(b) attend a meeting of the resident association unless given a written invitation to themeeting by an officer of the resident association;
(c) unlawfully interfere with the resident association's operation;
(d) interfere with a resident's right to contact a state or local health department, amunicipality, or other group to complain about the health and safety conditions of the mobilehome park; or
(e) harass or threaten a resident association.
(7) A resident association may not:
(a) impose fees, dues, or assessments, upon its members unless a majority of themembers agree to the imposition of fees, dues, or assessments; or
(b) harass or threaten a park operator.
(8) A park operator shall permit meetings by a resident association located within thepark relating to manufactured home living or social or educational purposes, including forumsfor or speeches by public officials or candidates for public office.
(9) Except for reasonable time, place, and manner limitations, a park operator may notprohibit or adopt a rule prohibiting a mobile home park resident or a resident entity fromexercising within the mobile home park the right of free expression for noncommercial purposes,including peacefully organizing, assembling, canvassing, petitioning, leafleting, or distributingwritten, noncommercial material within the mobile home park.
(10) (a) A resident association may schedule with the park operator the use of the mobilehome park's common facilities, if any, free of charge.
(b) A resident association is responsible for any damage to the mobile home park'scommon facilities caused by a member of the resident association or a guest or invitee while theresident association uses a common facility.
(c) A park operator may reasonably limit the frequency of a resident association's use of acommon facility if the limitation allows use at least once per week.
(d) A park operator may not:
(i) charge a resident or resident association a security deposit to use a common facility ofthe mobile home park that exceeds the amount normally and uniformly charged as a securitydeposit for use of the common facility; or
(ii) except as provided in Subsection (10)(e), require a resident or resident association toobtain liability insurance in order to use a common facility.
(e) A park operator may require liability insurance if:
(i) the rules of the mobile home park permit the consumption of alcoholic beverages in acommon facility; and
(ii) alcoholic beverages are to be served at a meeting or private function of the residentassociation in the common facility.
(11) (a) A park operator may not alter or refuse to renew an existing rental agreement,change a rule of the mobile home park, enforce a mobile home park rule in an unreasonable ornonuniform way, bring or threaten to bring an eviction action or other civil action, or take anyother action in retaliation based primarily on a resident:
(i) expressing an intention to complain or having complained to a governmental agencyabout a matter relating to the mobile home park;
(ii) making a complaint in good faith to the park operator;
(iii) filing or expressing an intention to file a lawsuit or administrative action against thepark operator; or
(iv) testifying in a judicial or administrative proceeding or before a public body.
(b) Subsection (11)(a) does not limit a defense available under the law to a resident in aneviction action.
(12) This section may not be construed to prohibit a park operator from:
(a) evicting a tenant as provided in other provisions of this chapter; or
(b) exercising other rights the park operator has under applicable law.
Amended by Chapter 15, 2010 General Session