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Newsflash

RONS RUMINATIONS.

Exposing the “ONE VOTE PER HOME” Con Trick.

PARK OWNERS CAN’T HAVE IT BOTH WAYS,

CAN THEY????? .

YES, Thanks to the recent decision in the PRESTON COURT OF APPEAL on 23rd November 2010 using the industry biased 2006 amendments To the MOBILE HOMES ACT 1983 against innocent and vulnerable Park Home owners, park owners can now legally have it both ways.!!!!

I refer of course to one particular and, as in this case, abuse of a clause contained within the strict terms and conditions introduced by Government which by law have to be conformed with by the park residents in order that their proposed parks Residents Association be recognised by the Park Owner. (See Government Park Homes Fact Sheet “Qualifying Residents Association” available from Department of Communities.) a minimum of 50% of residents must be registered members and for the purpose of voting only ONE VOTE PER HOME is allowed. This is taken from the first name on the Agreement, usually the male.

For the purposes of this article I will highlight the offending clause which in PHRAA’s view (which contrary to the other two National Park Home Residents Associations and trade organisations all of which fully support this clause,, PHRAA continues to publicly condemn on the PHRAA website and elsewhere ) blatantly discriminates against Park Homeowners wives or partners by denying them, by law, the right to vote on all matters and decisions directly affecting the quality of their park home lifestyle, including pitch fee increases, proposed park rule changes etc. In short this clause effectively means that if wives or partners disagree with decisions affecting their lifestyle, then thanks to the ACT, they are required to ‘put up and shut up’!!!! Only in the Park Home industry would this outrageous practice, which amounts to an insult to women, be tolerated by authority, let alone Government approved. I should add that written complaints on this subject to Harriet Harman, (the then Minister for Women who still continues to champion women’s equality rights,) both by PHRAA and MP’s remain unanswered to this day. Mrs. Emily Pankhurst and supporters who bravely fought and sacrificed so much to achieve the right of all women to the Vote must be turning in her grave. I am sure that Mrs. Pankhurst did not fight for the vote for all women with the particular exception of those living on park home sites????

Although the park owners, government, the park home industry trade organisations and their very “clever” and influential legal teams and not forgetting the total support for the inclusion in the legislation of this discriminatory clause demonstrated by the other two National Park Home Residents Advisory Associations, will I am sure be very proud of their victory regarding this clause, but unfortunately for many park home owners, this law only applies one way. This is when, (Yes you’ve guessed it) it benefits only the park owner as 65 devastated residents of Carr Bridge Park, Blackpool found to their cost following an Appeal Court Hearing held at Preston Court Lancashire on 23 rd November 2010.

For the purpose of this article I need not go into the details of the case here as a full report will be available shortly on the PHRAA Website

Although the Mobile Home Act dictates that only one vote per home is allowed when decisions are made. As mentioned earlier this is stated to be the first name on the Agreement (contract) which is usually the male. However as recent events have proved beyond doubt when the park owner GREEN TREE PARKS Ltd and his very “clever” legal team TOZERS of Exeter represented by Mr. Leslie Bloem QC, undertake Court Action against a group of his residents who have exercised their right under the MHAct by actually daring to question his recently imposed extra charges, as if by magic the interpretation of this rule abruptly changes. SURPRISE, SURPRISE, THE SUMMONSES TO APPEAR IN COURT ARE SERVED ON EACH INDIVIDUAL OCCUPIER OF THE HOUSEHOLD CONCERNED. This means that if there are two or more occupiers eg., Husband and Wife then two or more, entirely separate but identical, sets of Court Papers are issued to that household. When as in this case there were 40 households involved it amounted to a nice little earner for the Solicitor eh?? But obviously extremely intimidating for the terrified elderly residents on the receiving end of this outrageous but legalised racket. How’s this for a legalised racking up of legal charges. Just imagine the rumpus if a residents solicitor were to try the same trick on a park owner???

So please would someone in Authority explain to PHRAA and every Park Home Owner in the Country how it is that PARK HOME RESIDENTS APPEAR TO BE IN THE UNIQUE POSITION OF BEING HAULED OFF TO COURT ACCUSED OF A CRIME THAT THEY COULD NOT POSSIBLY BE DEEMED GUILTY OF ON THE GROUNDS THAT AS THEIR NAMES ARE NOT THE FIRST TO APPEAR ON THE AGREEMENT RESULTING IN THEIR BEING BANNED BY LAW FROM LEGALLY HAVING ANY SAY IN MATTERS AFFECTING THEIR WELFARE?????? In other words how can wives and partners etc permanently occupying the park/mobile home with the registered homeowner be prosecuted for an alleged breach of a contract in which they are officially banned, by law, from having any say or input.

But it seems every thing is possible when it involves a Park homeowner.

AS I SAID AT THE START SURELY THEY (PARK OWNERS) CANNOT HAVE IT BOTH WAYS.

BUT OF COURSE THE LAW IS DIFFERENT FOR US PARK HOME OWNERS, or perhaps I should say SECOND CLASS CITIZENS. WE ARE EXPECTED TO COMPLY WITHOUT QUESTION TO THE LAW AS DICTATED BY THE ALMIGHTY PARK HOME INDUSTRY.

I should also point out to our readers that PHRAA fought tooth and nail against the “One Home One Vote” clause at the consultation meetings we attended in London. This proved to be a very unpopular stance to take with the DCLG Ministers etc, the Trade organisations, and the other two National Residents Associations and resulted in PHRAA being banned from future meetings in a concerted bid to silence PHRAA which remains the only National Park Home Residents Association with the guts to “TELL IT AS IT IS” Some two or so years ago our President Colin Packman was graciously granted an audience with the great Robert Shceoch Advisor to the Government on Park Home Policy at the DCLG with a view to getting this unofficial ban lifted. He was told that the ban would be lifted immediately providing PHRAA agreed to toe the official line. This interprets as the line as dictated by the Park Owners Trade Associations supported by the other National Park Home Residents Associations and continues to be adopted by Government. NEEDLESS TO SAY PHRAA DECLINED THIS “OFFER” ON THE GROUNDS THAT WE WILL NOT BE SILENCED AND WILL CONTINUE AT EVERY OPPORTUNITY TO EXPOSE THE EXPLOITATION SUFFERED EVERY DAY BY THOUSANDS OF VULNERABLE PARK HOME OWNER CAPTIVE VICTIMS AT THE HANDS OF THE EVER GROWING NUMBERS OF UNSCRUPULOUS THAT NOT ONLY INFEST THE RESIDENTIAL PARK HOME RESIDENTS, BUT ALSO HOLIDAY CARAVAN AND CHALET OWNERS who despite being the customers of a £6 Billion industry (figures supplied by Mr. Scheoch DCLG) have even less protection than us Residential Park Home owners.

UPDATE……

Since completing the above article PHRAA has unearthed further information in the form of a reply to a FREEDOM OF INFORMATION ACT 2000 PHRAA request to the PARK HOMES POLICY TEAM at the Department of Communities and Local Government (DCLG) . Although the reply did not answer the actual query raised, it did coincidentally, contain the following revelation as to the identity of the organisations directly responsible for the Governments introduction of the “ONE HOME ONE VOTE” clause so despised by many park home residents especially those wives and partners denied a vote on matters of direct effect on their welfare and park home lifestyle. The following is a direct quote from this letter dated 23rd June 2011.

“ ………..The contact details you refer to only seem to appear in the Department’s Park Home Factsheet on ’QUALIFYING RESIDENTS ASSOCIATIONS. That document contains the contact details of the two (national park home residents) organisations mentioned (IPHAS & NAPHR) together with the two industry representative groups (BH&HPA and NPHC) BECAUSE, BETWEEN THEM, THEY HAVE AGREED A MODEL TEMPLATE FOR THE CONSTITUTION OF A QUALIFYING RESIDENTS ASSOCIATION. “

I leave long suffering park owners to form their own conclusions on the above revelation, but it makes you wonder whose side certain others are on????

Compiled for the PHRAA Website by Ron Joyce. General Secretary. PHRAA.

JULY 2011

==================================================

PS. I perhaps should apologise to Mr. Scheoch and Mr. Bloem QC for not spelling their names properly, but as I have absolutely no respect for either of them in their dealings with elderly and vulnerable park homeowners, I could not be bothered to look up the correct spelling. However if they are offended, they can always sue me. Not that they would get anything if they did as they have already had over ten years of my life spent fighting for park homeowners rights to a FAIR DEAL.. My home is worthless because our PARK OWNER,, in common with all the other UPO’s, stops me selling. Because of this I and thousands of other helpless PHO are prisoners in the concentration camps known as park home sites. They have everything now, there is only my blood left. Do they want this as well.? ONE THING IS CERTAIN “COUNT DRACULA” AND HIS CRONIES ARE ALIVE AND PROSPERING, reincarnated as UNSCRUPULOUS PARK OWNERS thriving on the never ending supply unsuspecting, innocent PARK HOMEOWNERS. RON.

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RESIDENTS ASSOCIATIONS PDF Print E-mail
Written by Ron Joyce   
Thursday, 22 March 2007

RESIDENTS ASSOCIATIONS.

Important information for homeowners.

 Extract from the Government Park Homes Factsheet August 2006 Consolidated Implied Terms. Section 28… Qualifying Residents Associations. 

(1)… A residents association is a qualifying residents association in relation to a protected site if…………

(a)…. It is an association representing the occupiers of mobile homes on that site;

(b)…  at least 50% of the occupiers of the mobile homes on that site are members of the association;

©….  It is independent from the owner, who together with any agent or employee of his is excluded from membership;

(d)…. Subject to paragraph © above, membership is open to all occupiers who own a mobile home on that site;

(e)…. It maintains a list of members which is open to public inspection together with the rules and constitution of the residents association;

(f)…. It has a chairman, secretary and treasurer who are elected by and from among the members;

(g)…. With the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and…..

(2)….. the owner has acknowledged in writing to the secretary that the association is a qualifying residents association, or, in default of this, the court has so ordered.

(3)…. When calculating the percentage of occupiers for the purpose of sub paragraph (1) (b) above, each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

 

Note.   Mobile Home is the outdated official name for Park Home.  PHRAA.  

                                                RESIDENTS ASSOCIATIONS.

PHRAA report on an excerpt from the Guidance issued to Park Owners by the Trade Associations on how they should administer the new Park Home Law concerning the criteria set out by Government before the Park Owner must recognise a Residents Association on the Park.    Guidance in “italics”. PHRAA comments follow.

 111    1  Park Home Law – Guidance.  September 2006. If the Park Owner, his agent or staff owns a Park Home, these homes are excluded from the calculation. However, many Park Owners employ Homeowners on a casual or occasional basis to do a variety of jobs on the park.  It is understood that it is not government’s intention to preclude such occasional employees from Residents Association membership. This is a contradiction in terms and a blatant attempt by the industry to bend the rules, either the Park Owners employees are excluded from membership or they are not. In the case of an Unscrupulous Park Owner, which is usually the main reason for the need for a Residents Association, any employee of the Park Owner, casual or otherwise, could well be seen by other members as being a conflict of interest and almost certainly create problems of confidentiality.  The secretary of the residents association should write to the park owner outlining how the association meets the above criteria.  The park owner should check this and if the criteria are met, should write acknowledging that the association qualifies for consultation. 

This means that the secretary has to write to the park owner submitting for approval a copy of the Associations Constitution, which must be a formal document outlining the proposed Associations Aims and Objectives and if it is not word perfect in every detail will be rejected. It is a reasonably safe assumption that the unscrupulous park owner will engage the services of his very “clever” Solicitor to scrutinise every detail of the Associations submitted Constitution.  The secretary must also submit a full list of members including names and addresses of the Officers, Committee Members and all other members of the Association to the Park Owner. This list must also be kept open to public (Park Owners) inspection at all times.  The Association must at all times maintain a membership of not less than 50% of the residents to become, or continue as, a qualifying Residents Association. It should also be mentioned that even if there was an already long established residents association on the park prior to the 1st October 2006, many park owners are insisting that the residents apply formally, in writing,  submitting the relevant documentation,  (as out lined above) to the park owner for the association to become a “qualifying association” and be recognised.

 It is advisable to diary a reminder to check that the residents association continues to qualify periodically in the future, perhaps by writing to the secretary of the association every one or two years seeking conformation (or otherwise) that all the criteria above continue to be met. The membership list should be open to’ public (Park Owners) inspection‘ which should allow that the 50% requirement is achieved. If your park consists of 100 residents and 50 of them are members of the Residents Association, should just one of them leave, pass away or in the case of an unscrupulous park owner being in possession of the list of members,  has picked out the weakest little elderly widow living alone and by bribery, intimidation or threats causes her to withdraw from membership meaning that the association has now only 49 members and therefore is no longer a qualifying Residents Association. Should this happen then it is certain that the unscrupulous park owner besides committing acts of retribution on the leading members of the defunct residents association (trouble makers in his eyes) will insist that the whole qualifying process will have to start again from scratch. A representative residents association can be an asset to the park, providing a forum for homeowners views, a useful means of communication and in many cases, creating a valuable social network. Yes, in the case of a good park owner.Alternatively, a residents association can become a serious management issue, particularly if views are fragmented, there is no consensus amongst homeowners on issues or one or two strong characters come to dominate proceedings and the democratic basis is lost. 

Where is the democracy in the ONE VOTE PER HOME new law brought in by Government, obviously to appease the park owners, which effectively denies wives, partners or other joint occupiers of each park home who make up approximately 50% of the parks residents, of the right to have a vote on important decisions concerning their rights, the future of their homes and welfare ?

 Use the word democracy to the unscrupulous park owner and he will either laugh or subject you to a tirade of abuse resulting in your being told in no uncertain terms exactly what you can do with your democracy. “It is my land and I’ll do what I like” followed by “ If you don’t like it you can get off my park” or words to that effect, is the usual response.  As for the claim that a residents association ‘can become a serious management issue’, this means that a strong residents association unites the residents and therefore the unscrupulous park owner will no longer be able to dictate his terms,  or use his favorite divide and rule tactics to suppress any resistance to his dictatorship. In order to initially form a residents association, one or two strong characters are needed, not to dominate proceedings, but to rally support,  provide the incentive to other residents and be strong enough to face the wrath of the unscrupulous park owners fierce opposition to the one thing he fears most, a strong and united Park Residents Association.  

A note of caution.  PHRAA has received several disturbing reports of incidents where one or two residents having suggested to their fellow residents,  that a Residents Association be formed on the park have, within days, received threats, in writing, of Court Action for the Termination of their Agreement (eviction) from the unscrupulous park owner, quoting the new Implied Term Clause in the Legislation that occupiers do nothing which causes a nuisance to the park owner.  This threat usually results in any attempts at forming a residents association being immediately abandoned.

 Therefore, it is the park owners interest to ensure that the qualifying criteria are met since these are designed to provide safeguards. FOR WHOM? It is also in the park owners interest to support a well run residents association in any way possible to prevent the breakdown of relationships, between homeowners or between homeowners and the park owner. Usually the breakdown of relationships between homeowners is caused by the antics of the unscrupulous park owners setting resident against resident, (divide and rule). As for the reference to the breakdown of relationships,  between homeowner and park owner, in the case of an unscrupulous park owner who refuses to speak to residents, except to hurl abuse, does not answer letters or enter into any other form of dialogue with his residents on any issues, this guidance advice means nothing.  “Its my land and I’ll do as I like” is the only form of dialogue the homeowner gets from the unscrupulous park owner including those who are members of the trade organisations. (BH&HPA & NPHC). If you and /or your fellow residents have received threats of Court Action being taken against you by the park owner for trying to recruit members with the view to forming a residents association on your park, please let PHRAA know.  All reports of incidents of this nature or any others sent to PHRAA will be treated as completely confidential. Any threats of this nature from the park owner or his employees (henchmen) should not be tolerated, call the Police immediately. Don’t hesitate, Do it. Ron Joyce.   PHRAA.       28th February 2007.
Last Updated ( Thursday, 22 March 2007 )
 
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