ELGEN ASSOCIATES MOBILE HOME PARK RULES & REGULATIONS

EFFECTIVE MAY 1, 2013

 

Welcome to Elgen Associates. Every effort has been made to ensure that your residency here is pleasant, enjoyable, and safe. The property which you live on is privately owned and we are required by law to abide by the highest standards and regulations. Our rules and regulations are designed to provide a safe environment and to maintain and protect the community in which you live. Your community manager is trained to administer our rules fairly to all residents. This assures that a few thoughtless people do not disturb your new way of life.

 

The following Rules and Regulations are in effect as a condition for tenancy. If you have a signed written lease covering your lot, these Rules and Regulations are hereby incorporated in and made a part of that lease. If you are occupying your lot without a written lease and on a month-to-month basis, these Rules and Regulations shall be in effect independently and your month-to-month occupancy shall be subject to your ongoing continued compliance with them. For clarity the words you, tenant, occupant and resident shall be used interchangeably. Likewise the words us landlord and community shall be used interchangeably.

 

  • Method of Rental Payments: You shall pay the rent by check or money order and made out as directed in your lease. If your name, address and lot number are not printed on your rent check, you shall indicate your park and lot number on its upper left hand corner so that we may properly credit your account. We shall not send you any monthly bill or receipt for the rent. Your canceled check shall be your receipt. 
  • Rental Payments and Late Charges: Your lot rent is due on the first day of each month in advance. If your lot rent is not received by us by the 10th day of any month, a 5% additional late charge shall be added to the rent.
  • Bad Checks: If a check that you have sent to us in payment of the rent is returned by the bank for insufficient funds, you shall be responsible for an additional returned check charge of $35.00. This shall be considered added rent. A late charge will apply if the check is not made good by the 10th of the month.
  • Security Deposits: A security deposit is required of all new tenants before they move in. If you have paid a security deposit in connection with your occupancy, we shall return the security deposit to you when you have removed your home from the premises, or sold your home, so long as you have carried out all other terms of these Rules and Regulations, have paid all amounts due, and we have inspected your site and found it to be satisfactory. We shall pay you interest on your security deposit in accordance with the law. Your security deposit is in an interest bearing account at Mahopac National Bank. In the event that you fail to pay the rent, late charges, or fail to carry out the other terms of this lease, we may apply all or a portion of the security deposit for any of these purposes.
  • Lot Maintenance: You are responsible for the cleanliness and maintenance of your home and lot, as well as any shed or fence on your lot. Your home must be enclosed with manufactured vinyl (or other approved maintenance free) skirting within 30 days after being brought into the park. Outbuildings, sheds and other lot improvements may be constructed only with the advance written approval of our office. The tenant shall be responsible for any costs associated with such improvements and shall obtain all necessary building permits from the governing municipality.
  • The Home & Site: Tenant shall be responsible for the maintenance and care of the home and site upon which it is located, and they shall be kept and maintained in a neat, clean and orderly condition and appearance at all times. The following minimum standards shall apply:
  • All siding to be in good repair without holes or missing panels.
  • Skirting to be in good repair without holes or missing panels. Hitches to be removed or enclosed with skirting.
  • Shutters are to be provided at least on the front door side of all homes.
  • All decks and steps are to be made of pressure treated wood, masonry, fiberglass or metal in good repair and must have rails, as per NYS building code.
  • Enclosed porches, additions, sunrooms etc. must be roofed, sided and skirted with the same material as the home so as to appear as part of the home. Any changes to the exterior colors of the home must be approved by Management.
  • All homes to be equipped with water saver type toilets.
  • Your house number must be in 3" high numbers and must be installed so they are visible from the street.
  • All roofs are to be shingled with at least a three/twelve pitch.
  • Lawns shall be closely mowed and shrubbery must be kept trimmed. Lawns, trees, and shrubs shall not be dug up without the landlord’s prior consent.
  • Swimming pools of any type, hot tubs, ponds, fountains, skateboard ramps, outdoor fireplaces, bonfires, transmitting antennas and trampolines are specifically prohibited. All outdoor furniture must be properly maintained and kept in a clean and orderly fashion.
  • No home, addition or outbuilding shall pose a threat to fire and safety.
  • Metal sheds are not allowed in the Park. Only wood or vinyl sheds are allowed with park approval. No outside storage is permitted. Sheds should harmonize in color with the Home. Where the mobile home, enclosed porches, additions, sunrooms etc are used for storage such items shall not be visible from outside of the home
  • In the event you fail to maintain the mobile home site and associated structures, and this failure continues after our ten day notice to you, we reserve the right to have the grounds cleaned up without further notice and have the work done at a minimum charge of fifty ($50.00) dollars per hour per man, plus any trucking costs, dump fees, or other associated costs. All bills for maintenance and repairs shall be considered added rent and are due with the following month’s rent.
  • Responsible Parties:
  • You are responsible for the proper maintenance, and repair to water and waste riser pipes between your home and connection that the park furnishes, as well as for the heat tape on the water line riser. Heat tapes must be on and working no later than October 1st and must remain operational through April 15th. The park is responsible for the system after the park connection. Residents are also responsible for keeping their sewer lines clean between their home and ground connections. Residents are not to flush paper towels, disposable diapers or liners, cigarettes, sanitary napkins, contraceptives, plastic medical bags, or litter down the sewer. Any stoppage repaired by park owner will be charged to the responsible resident. Coffee grounds, grease and food particles shall not be flushed down kitchen or bath drains. All charges for sewer cleaning are set in the Park Schedule for rents, fees and charges. The minimum charge for sewer cleaning is set at $175.00.
  • You are responsible for the proper maintenance and repair of electric lines from the point the utility ceases to be responsible up to and including your home. The park does not provide, and is not responsible for any electric power, telephone, or cable equipment.
  • The value of water is taken for granted and often overlooked. Every gallon of water that we provide has a cost attached. We reserve the right to go to a metered water system and to charge you for your consumption. It is essential that water not be wasted. Water left running to prevent freeze ups will be grounds for eviction.
  • You will be responsible for the proper maintenance of your oil and gas storage tanks including the lines connecting them to your home as well as hot water tanks and furnaces. You indemnify and hold us harmless from any liability for fees, costs or damages in any way associated with these tanks, including but not limited to, fuel spillage or leakage and repair or replacement of any such tank. You shall replace any oil or gas storage tank on your site or used in conjunction with your home which shows any sign of wear, or when such tank reaches the manufacturer’s life expectancy or upon the resale of your home in the community. New homes, or any home brought into the community shall be heated by gas or electric.
  • Tenants are responsible for the upkeep and maintenance of all shrubs, trees, and planting on their home site. The park is not responsible for the upkeep or maintenance of any walkway, patio, driveway, stairs, etc. Nor does the park make any guaranty or warranty about their conditions or workmanship. The tenant is responsible for everything on or associated with their lot except for the exceptions relating to water, sewer and electric noted above.
  • With the exception of those water and sewer lines that the park is responsible for as provided herein, the tenant is solely responsible for complying with any requirements of any governing or regulating authority regarding anything on or associated with their mobile home and mobile home site.
  • Management reserves the right, with notice, to shut off water at a site if the Tenant allows it to drip, or if it appears that the unit is vacant. Service will be restored when the Management is satisfied that proper repairs have been made.
  • Trash: All garbage, trash and refuse shall be stored and placed in tightly covered garbage cans with plastic liners, which garbage cans shall remain at all times at the rear of the rented premises except upon the day or days of garbage collection. Garbage shall not be placed at curbside before 7 pm the night before collection. Garbage cans are to be placed back in their original location in a reasonable time after collection has been made. Nothing shall be permitted to accumulate or be stored upon the home site. The park shall not be responsible for the removal of leaves, brush, construction material, appliances, and any other items not considered as part of normal pickup by the trash collector.
  • Motor Vehicles: You must park your vehicles directly in front of your home in the designated area if off street parking is available. Parking on your lawn is prohibited. You are responsible for snow removal in the parking area in front of you home. You shall not shovel the snow from your driveway into the roadway. Trucks larger than a ¾ ton pickup, campers and boat trailers may not be kept in the park unless authorized in writing. Overhauling and washing of vehicles is prohibited. Minibikes, snowmobiles and dirt bikes or ATVS may not be ridden in the Park. Unlicensed, unregistered, uninspected, or inoperative vehicles are also prohibited and may be removed without notice. Appropriate stickers shall be in place all times. Tenant agrees to hold the Park harmless in the event that the park has any vehicle removed which is in violation of this paragraph. Additionally, the tenant shall pay any and all expenses associated with the removal of a vehicle fitting this description.
  • Speeding: The speed limit within the park is 10 M.P.H. and is to be obeyed whether posted or not. It is everyone’s responsibility to drive safely. Watch out for children and caution your guests to obey the speed limit. Tenants are responsible for the conduct of their guests.
  • Vehicles with a gross weight of 6,000 pounds or more will not be permitted in the park except for deliveries, or by written permission.
  • Ownership and Occupancy of Home. You have represented to us that you are the owner of the mobile home. Any transfer of ownership of your home to any other party without our prior written consent is prohibited. Your home may be occupied only for residential purposes by you and the persons whose names are indicated in the park application or application for lease as originally completed by you.
  • Sale or Subletting of Home. The sale or subletting of your home is permitted only with our advance consent as provided by law. In the event you wish to sell or sublet your home, and it is to remain in the park, you must notify us in writing, 20 days in advance of intent to sell. If the home is to remain in the park, Tenant must submit to Park Management the name of the prospective purchaser(s) and the applicant must complete, sign and submit an application to the park together with a processing fee. Applicant shall, upon Management’s request, furnish any additional information deemed relevant to us so that we can exercise our right of approval or disapproval.

 

In addition, only tenants in good-standing may be allowed to sublet their home.

We shall have the right to interview the prospective new owner/tenant or subtenant during normal business hours in person should we choose to do so. Our right of approval or disapproval shall not be unreasonably withheld. 

If the mobile home is left vacant while in the process of being sold, it will be the Tenant’s responsibility to see that it is maintained and safeguarded from possible frozen pipes and other damages. The Tenant will continue to be liable for the park rent until such time that a sale has been completed by the new Tenant. In an effort to approve the appearance of the park, mobile homes manufactured prior to 1976 (Pre HUD code homes) will have to be removed from the park if ownership is transferred.

  • "For Sale" or "For Rent" signs must have the prior approval of management before they may be displayed on any mobile home site. Each home site may have only one such sign
  • Residents must notify the management thirty (30) days in advance of removing their home from the park. Clearance must be obtained, a forwarding address given, and all outstanding accounts must be paid in full. Removal of home will be done only between the hours of 8:00 am and 5:00 pm exclusive of Saturdays, Sundays and legal holidays. Tenant shall notify the park 3 business days in advance of the actual move date. Tenant shall ensure that the company moving the home registers with the park prior to scheduling the move. Tenant is responsible for leaving the lot in a neat clean condition as required by the park. Since all rentals are paid by calendar month, an adjustment or refunds will be made for a partial month.
  • Eviction for Non-Payment or Other Violations of Rules: If you fail to pay the rent by the 10th of the month when due, we may at any time thereafter sue for the rent and institute proceedings to evict you and your home from the premises or use any other legal remedy.
  • Habitual Late Payment of Rent: Habitual in this context shall mean the late payment, that is received by our office, of the funds due after the 10th day of the month, more than 2 times in any 12 month period. When this occurs we may cancel your tenancy and you will have to remove your home from the Park. Please contact us if you are in a hardship situation.
  • Habitual Violation of the Rules: Habitual in this context shall be the issuance of more than two (2) "10 Day" notices in any twelve month period. When this occurs we may cancel your tenancy and you shall remove your home from the premises but you shall continue to be liable to us for any cost or losses we incur as a result of your failure to comply with these rules and regulations. A fee of $75 will be charged for each "10 Day’ notice after the first two issued in any 12 month period.
  • Behavior: You are responsible for the behavior of your home’s residents, your guests and their pets. All outside activity must be restricted to your own home site unless you have the permission of other residents. Children are not to play near any service facility such as sewer cleanouts, mailbox area etc. Loud parties, excessive volume of radios, TVs or musical instruments is not allowed. No use or display of fireworks, firearms, BB guns, knives or other potentially dangerous instruments or devices are permitted. Intoxication, exposed alcohol containers, disorderly conduct, profane language or behavior and loud singing or talking will not be tolerated. While loud noises are never permitted, the hours between 10:00 P.M. and 8:00 A.M. shall be treated as very quiet hours. Providing babysitting or daycare service within the community for children who do not reside there is prohibited as is peddling or soliciting.
  • The following are grounds for immediate termination of tenancy: any activity, criminal or otherwise, that threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; any activity, criminal or otherwise, that threatens the health or safety of any on-site property management staff responsible for managing the premises; or any drug related activity, criminal or otherwise, on or near such premises, engaged in by the resident, any member of the resident’s household, or any guest or other person under the resident’s control.
  • Reimbursement of Legal Fees: You shall reimburse us for any reasonable legal fees and costs that we have to pay as a result of your failure to pay the rent when it is due or to comply with any of these rules and regulations.
  • Pets: Pets are only allowed with the prior permission of the park management. Each pet must be specifically authorized by and registered with management; this includes the replacement of existing pets. Dogs weighing over 40 pounds are not permitted. Dogs must be licensed and have all required vaccinations, proof of which shall be given to the office for inclusion in your file. Dog houses, pens, dog runs, fences and stakeouts are prohibited. Dogs shall be on a leash when outside of the mobile home. When walking a pet, the pet owner shall bring a "pooper scooper" and clean up after the pet immediately. Any dog that causes a nuisance to any other party shall be removed from the community. This includes but is not limited to barking, noise, odor, offensive or vicious behavior, or entry into anyone else’s yard. Any dog which threatens, bites or in any way, injures a tenant, which actions have been verified by management, must be removed from the community immediately. In addition, we will, at the beginning of the next lease term, require pet owners to pay an added monthly fee of $15. This fee will be considered added rent.
  • Tenant Responsibility for Damages: If any damages are caused to any of our property or equipment in the Park by you or by your family, visitors or any of your agents, you shall be responsible for these damages. These damages shall be measured by the cost of restoration or replacement resulting from your acts. These damages shall be considered additional rent due 10 days after we have submitted our written demand to you for them. Our demand shall be accompanied by information setting forth the cost of repair or replacement. You are also responsible for any injury or loss that occurs to you, your family, invitees or guests for whatever reason. We are not responsible for damage, injury or loss by accident, fire or theft to the resident’s property, guests or those associated with the resident. This will be considered full notification that you are using property and/or equipment at your own risk. Residents will be held liable for any and all damages by them and their guests and residents shall assume all such responsibilities.
  • Landlord Not Liable for Damages: We shall not be liable for any damage or injury to you or any other person or property as a result of water, rain, snow, gas or electricity which may leak into or enter your home. We shall not be responsible for personal property damages resulting from relocation due to infrastructure repairs or construction. We shall not be liable for any damage or injury to you or any other person or property as a result of any broken pipes, plumbing or electrical lines which are in or serve your home. We shall not be liable for any loss of property or injury to you or any other person who occurs as a result of any burglary, robbery, theft or other wrongdoing committed by any person. You shall hold us harmless and indemnify us for any losses or damage to property or injuries caused by you, your family, agents, employees, guests, licensees and invitees, or resulting from the use and occupancy of your home, your leased site or the common facilities of the Community. This does not apply to any act of negligence by us, provided that any claim for damages is reported within 72 hours after its occurrence.

We have made no representations, written or oral, concerning the safety of the Community or the effectiveness or operability of any security devices or security measures. Furthermore, we do not guarantee the safety or security of residents, occupants or their guests or invitees against the criminal or wrongful acts of third parties. Each resident, occupant, guest and invitee is responsible for protecting their own person and property.

  • Reasonable Care: Tenants shall notify the park of any hazardous or potentially hazardous situations and shall ensure that they safeguard the identified area or hazard until notification is complete. Tenants shall take all precautions possible and use just care to avoid any potentially hazardous area or condition within the park. Those individuals that experience difficulty in walking, have impaired balance, etc. shall be responsible for taking additional precautions for their safety (having an assistant, nurse or companion available for help). It is especially important that individuals use prudent care, judgment and arrange for assistance during periods of inclement weather or in areas of unlevel terrain.
  • Insurance: You shall provide your own homeowners insurance coverage for loss due to fire or other casualty; including comprehensive personal liability of a minimum of $100,000.00 and fire and extended coverage in a minimum amount of $10,000. You are responsible for the access and safety on your designated lot. You acknowledge that we have no responsibility for your insurance. Proof of this insurance shall be provided to us upon request
  • The planting of trees, shrubs and flowers upon each home site is encouraged for the beautification of the park and each site. Care must be taken to not install anything on the site which may limit access to other sites including the removal or installation of mobile homes. However, whenever any of the same has been planted by the Tenant, they shall become part of the site when the Tenant leaves the park.
  • No burning of any kind shall be permitted on any site at any time.
  • No clothes lines may be constructed, erected or maintained upon any site but a clothes pole may be used in a spot designated by the Management. Clothes must be taken in as soon as they are dry.
  • Tenants will not take in laundry from outside the park.
  • Partial Invalidity: In the event that any provision of these rules is found to be contrary to, or invalid under, the law of any country, state, or other jurisdiction, such illegality or invalidity shall not affect in any way any other provisions hereof, all of which shall continue, nevertheless, in full force and effect. Any provision which is held to be illegal or invalid in any country, state, or other jurisdiction shall continue, nevertheless, in full force and effect in any country, state, or other jurisdiction in which such provision is legal and valid.
  • If a rule or regulation is found to be illegal and/or invalid the park reserves the right to rewrite the rule. The new rule so formed, being legal and valid shall apply retroactively back to which time that the proceeding rule was found invalid. In all cases the affectivity of the new rule shall be such that no gap exists in the rules for any time period, however small, such that it may be deemed that no coverage of the rules existed. The park reserves the right to change the effective date of a replacement rule (at any time) in order to ensure continuity of the rules.
  • Reservation: The owners reserve the right to specially monitor any occurrence detrimental to the Quiet Enjoyment, Safety & Welfare of the Park or its tenants and add rules as necessary for these situations. Tenant agrees to comply with said rule upon posting in the park. Snowmobiles, dirt bikes or all other all-terrain vehicles shall not be ridden within the park limits. Air rifles, BB guns, all firearms and bows-and-arrows may not be used in any area of the park.
  • Enforcement: The rules in the park shall apply equally to all. By owning or occupying a mobile home in the park, all tenants and subtenants are subject to these rules whether or not they have signed a copy of the rules. Due to manpower limitations it may not always be possible to enforce all rules at all times. Anyone cited for a rules violation shall cause his home and/or home site to come into compliance regardless of whether another tenant is in violation of any rules pertaining to the park. In the case of certain rules for which multiple home site are in violation the park may utilize a plan of attack to gradually bring sites into compliance.
  • Address of Record: Your address of record shall be the address of your mobile home within the mobile home park or the address provided on the signed copy of the rules on file with our office. If you receive your mail at an address other than that of the mobile home, you are required to provide us with such address. You agree that any notice sent to this address and/or attached to your mobile home shall be deemed proper notification by the park. You shall ensure that the park has your current phone number, and will notify us immediately of any change to your phone number.
  • Reporting of Violation: For the park to take disciplinary action against a rules violation reported by a resident, this violation must be in writing, dated and signed by the complainant.
  • The park reserves the right to amend the rules at any time without notice. Park rules are posted outside the office for viewing. Tenant agrees to abide by any changes to these rules as the new rules are posted. Tenants will be notified of any specific action they must take as a result or rules changes.