PHRAA is receiving disturbing reports from frightened residents who have attempted to exercise their right under the October 2006 Amendments to the Mobile Homes Act, to form a Residents Association on their park.
The initial idea to form a Residents Association usually comes from one or two likeminded individual residents approaching their fellow residents proposing that they get together and form an association on the park. This may be done by visiting homes or perhaps calling a meeting in one of the homes or hiring a room in the local pub in order to enlist support. However, it would seem that certain unscrupulous park owners have taken a very dim view of the possibility of a residents association becoming established on their park. Seeing it as a threat to their control over residents they are taking ruthless action against the residents involved in a determined effort to stamp it out before it has a chance to get going.
The most common methods used by the Unscrupulous Park owner, include harassment and intimidation of the so called ringleaders, and /or the weakest and most vulnerable residents in order to prevent the required 50% of homeowners from becoming members, needed to satisfy the criteria set out in the legislation in order for the association to qualify to be recognised as a qualifying residents association. The park owner, as a direct result of a clause in the Implied Terms in the Agreement (contract) added in the new 2006 Amendments, has been gifted an almost foolproof method to use to crack down hard on any resident daring to, either stand up for his rights, or try to form a residents association.
This clause which prior to October 2006 stated the occupier must do nothing that would cause a nuisance to other residents now contains the addition “or the Park Owner”. As a direct result of this addition, some unscrupulous park owners are issuing letters, very often using their solicitors, containing threats of Court Action, citing this clause, for the Termination of the Residents Agreement (contract), on the grounds that by approaching other residents on the park in an effort to enlist support for the formation of an association, the residents concerned are accused of harassing them, thereby causing a nuisance to the park owner. The receipt of such a letter or verbal threat is very often sufficient to kill off stone dead any ideas residents may have of forming an association.
It is a well known fact that the unscrupulous park owner operates a “divide and rule” tactic to keep control of his residents. By granting special favours to certain residents and branding others who dare to stand up for their rights as “trouble makers” resident is turned against resident. Other residents, through fear of retribution, will keep their heads down in the mistaken idea that if they keep quiet and say nothing whilst their neighbours are being harassed and bullied by the park owner, causing them to abandon their home so that he can obtain their plot, he will leave them alone. Unfortunately for them, the keep your head down policy, or sucking up to such a park owner, never works, and their turn will come.
Each time the park owner succeeds in getting rid of a resident the weaker those left become. The only way to protect your home and lifestyle is to stand together. Look out for your neighbours especially the most vulnerable such as the elderly lady living alone. Form your residents association by supporting those brave enough to place themselves in the firing line. It will not be easy, but TOGETHER YOU STAND, DIVIDED YOU FALL.
If you or any of your fellow residents have received letters or verbal threats of Court Action because of proposing the formation of a residents association on your park, please let PHRAA know. All information passed to PHRAA is treated in strict confidence.
Ron Joyce. General Secretary. PHRAA.
March 2007.
