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Terms Used In Utah Code 57-16-7
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Resident: means an individual who leases or rents space in a mobile home park. See Utah Code 57-16-3
(a)
(i)
Subject to Subsection (1)(a)(ii), a mobile home park may make rules related to the health, safety, and appropriate conduct of residents and to the maintenance and upkeep of the mobile home park.
(ii)
A mobile home park may not make a rule that is unconscionable.
(b)
(i)
No new or amended rule shall take effect, nor provide the basis for an eviction notice, until the expiration of at least:
(A)
120 days after its promulgation if it is a rule that requires a resident to make exterior, physical improvements to the resident’s mobile home or mobile home space and to incur expenses greater than $2,000 in order to comply with the rule;
(B)
90 days after its promulgation if it is a rule that requires a resident to make exterior, physical improvements to the resident’s mobile home or mobile home space and to incur expenses greater than $250 up to $2,000 in order to comply with the rule; or
(C)
60 days after its promulgation if it is a rule that requires a resident to make exterior, physical improvements to the resident’s mobile home or mobile home space and to incur expenses of $250 or less in order to comply with the rule.
(ii)
Each resident, as a condition precedent to a rule under this Subsection (1)(b) becoming effective, shall be provided with a copy of each new or amended rule that does not appear in the resident’s lease agreement promptly upon promulgation of the rule.
(iii)
For purposes of determining which period of time applies under Subsection (1)(b)(i), the mobile home park may rely upon a good-faith estimate obtained by the mobile home park from a licensed contractor.
(c)
Within 30 days after the mobile home park proposes amendments to the mobile home park rules, the mobile home park shall schedule at least one meeting for the purpose of discussing the proposed rule amendments with residents and shall provide at least 10 days advance written notice of the date, time, location, and purposes of the meeting to all residents.
(2)
A mobile home park may specify the type of material used, and the methods used in the installation of, underskirting, awnings, porches, fences, or other additions or alterations to the exterior of a mobile home, and may also specify the tie-down equipment used in a mobile home space, in order to insure the safety and good appearance of the park; but under no circumstances may it require a resident to purchase such material or equipment from a supplier designated by the mobile home park.
(3)
No mobile home park may charge an entrance fee, exit fee, nor installation fee, but reasonable landscaping and maintenance requirements may be included in the mobile home park rules. The resident is responsible for all costs incident to connection of the mobile home to existing mobile home park facilities and for the installation and maintenance of the mobile home on the mobile home space.
(4)
Nothing in this section shall be construed to prohibit a mobile home park from requiring a reasonable initial security deposit.
