Section 10.05 - Goods and Services(1)Choice of Seller. An operator shall not restrict a resident in his or her choice of a seller of fuel, furnishings, goods, services or accessories connected with the rental or occupancy of a manufactured home site: (a) so long as such seller is in compliance with:2. applicable rules, if any, of the manufactured housing community approved by the Attorney General and the Secretary or otherwise in effect pursuant to M.G.L. c. 140, § 32L(5), including any such rules and regulations imposing reasonable insurance requirements, as defined under 940 CMR 10.01; and(b) unless such seller has repeatedly failed to meet prevailing industry standards, as evidenced by complaints to the Attorney General's office, the Better Business Bureau or regulatory agencies having jurisdiction over the provision of such goods or services. Where goods or services are offered by an operator to residents, the operator also shall inform residents in writing of their right to obtain such goods and services from other providers.(2)Central Fuel Systems. If fuel is supplied to manufactured home sites in a manufactured housing community through a central fuel and gas meter system, a licensee may impose reasonable conditions related to such system, including conditions limiting a resident's ability to choose a fuel dealer. The operator shall provide such services at no charge to the resident, pursuant to 105 CMR 410.354 and 410.355.(3)Kickbacks. No operator shall charge, demand or receive, directly or indirectly, any fee or amount, or any free good or service, from any provider of goods or services to residents.(4)Basic Utilities.(a) An operator shall make available, or cause to be made available, the following to each manufactured home site:1. Electrical service supplying each manufactured home with sufficient amperage to meet the reasonable needs of the residents. Should the amperage be determined to be inadequate for such needs, it shall be corrected, without charge to the residents, so that it meets the amperage requirements of 527 CMR 12.00, the Massachusetts Electrical Code; and2. Natural gas connection to any provider of natural gas at the location of the manufactured housing community, provided such connection is economically reasonable.(b) An operator shall supply and pay for the following to each manufactured home site: 1. a supply of potable water sufficient in quantity and pressure to meet the ordinary needs of the residents, connected with a public water supply system, or with any other source that the board of health has determined does not endanger the health of any potential user; and2. a sanitary sewage disposal system connected to the public sewerage system, provided, that if, because of distance or ground conditions, connection to a public sewerage system is not practicable, the operator shall provide, and shall maintain in a sanitary condition, a means of sewage disposal that complies with 310 CMR 15.00; and3. electricity, natural gas, or other heating fuel, except for that which is metered through a meter which serves only the individual manufactured home and the occupancy agreement provides for payment by the occupant,(c) A licensee may recover expenses incurred under 940 CMR 10.05(4)(b)1., 2. and 3. through non-discriminatory rent increases, except as otherwise limited by 940 CMR 10.00.(d) The basic utilities described in 940 CMR 10.05(4)(a) and (b), as applicable, shall be installed to the point of connection at each manufactured home and maintained in good repair and operating condition by the operator without charge to residents, except as damage thereto is caused by the negligent act or omission or willful misconduct of a resident. All such installation and maintenance shall be in accordance with applicable laws, codes, and professional standards.(e) Residents shall not be required to pay charges for hook-up and use of basic utilities described in 940 CMR 10.05(4)(a) and (b), pursuant to 105 CMR 410.354 and 410.355, except that use charges may be imposed and determined by metering at a manufactured home site by a utility or utilities.(f) An operator shall not willfully or intentionally interrupt any utility service furnished under 940 CMR 10.05(4)(a) or (b), and shall be liable for any such interruption pursuant to M.G.L. c. 186, § 14.(5)Access to Cable Television Service. An operator shall not restrict a resident's access to cable television connection to the licensed municipal provider(s) of cable television in the surrounding community in violation of M.G.L. c. 166A, § 22. An operator shall not unreasonably restrict a tenant's access to satellite transmission services.(6)No Required Utilities or Services. An operator shall not require a resident to use a basic utility such as natural gas, or other services such as cable television, notwithstanding the fact that the operator is required to make such items available or accessible.(7)Maintenance of Common Areas and Facilities. An operator shall maintain all common areas clean and in good repair, free from debris, rubbish and garbage and in compliance with applicable health and safety laws. All common areas and facilities shall be generally available for use by any resident, and any scheduled daily periods during which such facilities and common areas are to be closed shall be conspicuously posted.(8)Collection of Garbage and Rubbish.(a) An operator shall be responsible for the final collection or ultimate disposal or incineration of residents' garbage and rubbish by means of:1. the regular municipal collection system; or2. any other collection system approved by the board of health.(b) A licensee may require tenants, without charge, to comply with recycling rules imposed by the municipality on the collection company. Any costs borne by the operator in complying with local recycling laws may be recovered through non-discriminatory rent increases implemented in conformity with 940 CMR 10.00.(9)Maintenance of Roadways. An operator shall maintain and keep in good repair all community roadways that are part of the common areas and facilities, including but not limited to ensuring that roadways are reasonably free of debris and potholes. An operator shall provide necessary snow plowing for all community roadways. Roadways shall be sufficient to provide access for residential use and emergency vehicles, and shall be open to residents, guests, service providers, school buses (except where narrow roadways will not accommodate such access, in which case a central bus stop shall be provided), vans servicing the elderly or the handicapped, and others generally entitled to use public ways.(10)Maintenance of Manufactured Home Sites and Common Areas Free From Hazards. An operator shall provide for the removal or repair of all naturally occurring hazardous conditions on a manufactured home site or common areas that are determined by an appropriate governmental authority to pose a risk to the safety of others or their homes, including but not limited to the removal of hazardous trees or tree limbs.