Manufactured home park rules in BC govern how a park operates, from parking to pets in common areas. Under section 32 of the Manufactured Home Park Tenancy Act and Part 4 of its Regulation, a landlord, or a park committee where there is one, can make or change rules, but only reasonable ones, on at least three months' written notice in the approved form.
What can a park rule do?
A rule must be reasonable and have one of four effects under section 30 of the Manufactured Home Park Tenancy Regulation:
- promote the convenience or safety of tenants;
- protect and preserve the condition of the park or the landlord's property;
- regulate access to, or fairly distribute, a service or facility; or
- regulate pets in common areas.
Rules cannot be inconsistent with the Act or any other law that applies to the park.
When is a rule enforceable against a tenant?
Only if all four of these are true:
- it applies to all tenants in a fair manner;
- it is clear enough that a reasonable tenant can understand how to comply;
- the tenant was given a proper rule change notice; and
- it does not change a material term of the tenancy agreement.
A rule that bans pets does not apply to a pet already living with a tenant when the rule passes. Where a rule conflicts with an earlier tenancy agreement term that is neither standard nor material, section 32(4) says the rule prevails.
How much notice, and how often?
| No park committee | Park committee | |
|---|---|---|
| Who decides | Landlord | Committee, unanimously, or by referral to a vote |
| Notice form | RTB-56A | RTB-56B, with the vote records |
| Notice period | At least 3 months | At least 3 months |
| How often | Once a year | No limit |
Both forms require the new version of the rules to be attached, in 12-point type and a common, easy-to-read font. If a landlord gives less than three months' notice, or changes rules within a year of the last change, the change does not take effect until both requirements are met.
How does a park committee vote?
Committee decisions are unanimous. If members disagree on a rule, they can unanimously refer it to a vote of the landlord and tenants under section 23. Notice must include a ballot and give at least two weeks to vote; one landlord and one tenant per site vote; a majority passes it; and anyone eligible who does not vote counts as voting in favour. A secret ballot is used if the committee passes a resolution for one.
Frequently asked questions
How must the notice be served?
By a method the Act allows. See serving documents in BC for the parallel rules under the RTA.
What if a tenant thinks a rule breaks the Act?
The tenant can ask the Residential Tenancy Branch for help or apply for dispute resolution. See how to file with the RTB and what happens at a hearing.
Can a landlord split changes across several notices?
No. The forms say all changes must be identified in the same notice, and a landlord can give only one per year.
More BC landlord rules, explained
Guides to notices, disputes and the RTB process.
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