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Can I Sell My Home Without Interference or Restrictions By the Landlord?
Yes: Your rights are contained in the Illinois Statutes at 765 ILCS 745/24. The landlord cannot interfere in any way with the sale of your home but the buyer must be approved by the landlord as a tenant and have a signed, written lease before the closing unless the buyer intends to move the home out of the community immediately.
Can the Landlord Place Any Restrictions On My Buyer?
Yes: the landlord may establish general qualifications or lawful restrictions on new tenants. Examples: the landlord may require the buyer to have good credit and rental records and may limit the number of people occupying the manufactured/mobile home according to the provisions of local ordinances.
Can I Use the Services of an Independent Real Estate Agent?
Yes: If you decide to use an agent to sell your home, it is a good idea to contract with someone who has experience selling manufactured/mobile homes. You can also choose to sell your home yourself.
Do I Have To Pay Any Fee To the Landlord When I Sell My Home?
No: the landlord can only charge you if you ask him to act as your agent in the sale. If you ask the landlord to do this, he/she may charge you a commission so long as it is a percentage of the actual sale price and the percentage is put in writing prior to the sale. If you do not ask the landlord to act as your agent for the sale of your home, the landlord cannot charge you anything because you sell the home. Any charge related to the sale of the home by the landlord must have been listed specifically in the lease. It is also a good idea to enter into a written contract with the landlord if he/she is going to sell your home for you.
Can the Landlord Require Me To Use His Services to Sell My Home?
No
If I List With A Real Estate Agent or the Landlord, Should I Have a Listing Agreement?
Yes: Be sure it is in writing.
What Should the Listing Agreement Say?
It should state the duration of the listing agreement, the percentage of the actual sale price that you must pay to the agent or landlord for helping you sell your home, the steps the agent or landlord will take in order to sell your home, and how the agreement can be ended.
Can the Landlord Require the Home To Be Removed From the Community After the Sale?
Yes: But only if the home is less than twelve (12) feet wide or it is significantly deteriorated and in substantial disrepair. If, prior to the sale, the park owner gives you written notice of unsatisfactory conditions and you do not make the necessary repairs, the landlord can require that the home be removed upon sale. Unsatisfactory conditions can include housing code violations and violations of the rules of the community. Examples of this may be leaking roof, lack of doors or window, improper utility connections, deteriorated skirting.
What If I Do Not Receive the Written Notice About the Condition of the Home Prior To the Sale?
The landlord cannot require the home to be removed from the community if you did not receive prior written notice about the conditions.
One of the services MHOAI provides is helping communities form a home owners association. The benefits include:
Most asked questions about starting a home owners association:
Can you still be a member of MHOAI and not have a home owners association?
Yes. There are many communities that do not have local associations but their residents are members of MHOAI Most residents will benefit from MHOAI membership. Our membershp also includes adult children of residents who join to receive the quarterly newsletter, MHOAI on the Move. When residents of a community are ready to form a local association, we can help answer their many questions and meet with the new association to help get the community started.
If I become a board member of a home owners association, how much of my time will be needed?
This is a very open question, it depends on the size of your community and the number of members elected to your board. It can take time for the first board to set up by-laws and establish the protocol for future boards. This takes place after the first election by the community. It is then up to the community to decide how often you need to meet. What commonly happens is the first board meets 3 or 4 times to decide on the by-laws, how to handle any community problems, and let the community know that there is an association. Most communities have meetings every three months to update residents and have speakers such as your alderman, and other elected officials. Many invite someone with the local police department to establish a community watch, or learn about issues that effect their area. Most communities offer a newsletter every three months to let residents know about a future meeting and other news that affects them. It can take up as much, or as little, time as the board members feel is needed or are able to give to the association.
Can I be evicted for helping to form an association?
No, there are laws that protect the residents. In other communities, such as condominiums, residents are expected to join the home owners association. If a manager or landlord would harass board members anyway, there are many avenues that can help stop this. Residents of the community have the right to decide if they want an association. Once organized, management and residents can work together to maintain a neighborhood that will attract new home owners, while maintaining a neighborhood that enhances the value of the homes.
What if we start an association and management will not meet with us?
There are some development companies that will not let their managers meet with board members. This does not mean that you can not improve your community. Your local association can still foster a sense of unity and stay educated on both local and state issues that affect your chosen lifestyle. In time maybe your landlord/manager will understand that working together will help all involved.
What is the hardest thing to deal with once an association is established?
Once you have established an association and time has passed, many of the problems your community had has been worked out. Now you find there is no sure cure for your local problems until a state law has been passed. Or, due to your success, residents may no longer feel a need for an association. You may find most residents are now happy with the way things are going. Some associations have dissolved once immediate problems were addressed only to find themselves re-forming again 2 or more years later. Reasons for reforming an association include: there is no longer a voice for the residents; or a new landlord/manager has become involved. An association can help smooth the way for changes that can occur in a community. There are many community activities that the time and energy involved in dealing with problems can now be used to maintain and better a community.
For more information contact a member of our Board of Directors or Contact Us today.
Mobile Home Owners Association of Illinois Directors help communities form their own local home owners association. Directors can help prepare by-laws and educate residents as they elect their own board members. We are happy to support and advise these local associations and will attend meetings as speakers. If you do not have a local association, please contact MHOAI for assistance.
There are occasions when a local board will dissolve for any number of reasons. Many times, interest in the association drops off once immediate problems have been resolved. MHOAI members know this situation may not last - without a strong local home owners association working with MHOAI, new problems and issues can surface. Together, we can protect your lifestyle, both at home in your community and state-wide with new legislation and stronger law enforcement through the Illinois Attorney General's office.
But, progress does not happen overnight. Laws can take years to pass, but they will never pass without an informed, active membership working together. Do not believe that because you do not have a problem yet, that you will not need MHOAI What is happening in other communities frequently finds its way to your back door.
If for some reason your local home owners association dissolves, or is no longer active, you still need to be a MHOAI member. Your elected officials judge your interest in protecting your lifestyle by your membership.
When you want a director to visit your community, let us know. If you want your board members to have a meeting let them know. Our directors look forward to meeting with you and your neighbors to bring you up to date on issues, and answer any questions you may have.
MHOAI representatives are frequently asked about specific areas of the Mobile Home Landlord and Tenant Rights Act (scroll down the page for links to each section).
Residents frequently ask about the following sections of the law (click on the number to go directly to that section of the Act):
745/14-1 Rights and Obligations Pamphlet 860.400 Required Documents
Leases
745/17 Notice Required by Law
745/7 Effect of Unsigned Lease
745/8 Renewal of Lease
745/12 Lease Prohibitions
Home Owner Associations
745/16 Improper Ground for Eviction
745/25 Meetings of Tenant
Fees, Rents, Other provisions
745/11 Provisions of Mobile Home Park Leases
745/24 Sale of a Mobile Home
745/9 The Terms of Fees and Rents
745/18 Security Deposit; Interest
745/4a Television Antennas and Services
Residents are also encouraged to copy or print the entire act. Any mobile home-related section beginning with 765 ILCS 745 is from this act.
Residents should also know there is a book, "Illinois Mobile Home Park Act – Manufactured Home Community Code," that a landlord receives from the State. This book includes the laws pertaining to opening and maintaining his/her community. The numbering of these laws start 210 ILCS 115, or 860. These books are public information and can be sent to you from the Illinois Department of Public Health by calling 217-782-5830.
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