Section 10.04 - Manufactured Housing Community Rules(1)Unfair or Deceptive Acts or Practices: General. It shall be an unfair or deceptive act or practice in violation of M.G.L. c. 93A for any operator: (a) to impose or enforce any rule that either:2. has been disapproved by the Attorney General or the Secretary;3. is not otherwise enforceable under M.G.L. c. 140, § 32L(5);4. is inconsistent with any provision of M.G.L. c. 140, §§ 32A through 32S or 940 CMR 10.00; or5. with respect to matters not addressed herein, is unreasonable, unfair, unconscionable or deceptive.(b) to fail to post the rules then in effect as required by M.G.L. c. 140, § 32D; or(c) to make any material false representation as to any material matter related to the giving of notices or the receipt of approvals related to community rules.(2)General Content of Rules.(a) A licensee may adopt written rules to promote the convenience, quiet enjoyment, safety or welfare of the residents in the community, to preserve the operator's property from abusive use, to preserve or enhance the quality and appearance of the community, or to allocate services and facilities in a fair and appropriate manner, all subject to M.G.L. c. 140, §§ 32A through 32S and 940 CMR 10.00.(b) All rules shall apply to and be enforced against residents in a nondiscriminatory manner free from selective enforcement, shall be sufficiently explicit to fairly inform residents of the prohibitions, directions, or limitations contained therein, and shall be reasonably related to a permissible purpose.(c) An operator shall include in any community rules and regulations an emergency telephone number to be called when the community is left unattended by a manager.(3)Approval Procedure.(a) If an operator promulgates, adds, deletes, or amends any rule, new copies of all such proposed rules shall be conspicuously posted in a common area of the community and concurrently provided to any tenants' association , at least 75 days prior to the effective date of such rules. Attached to the aforementioned copies shall be a notice stating in clear and conspicuous type that: 1. the operator is seeking to change the rules of the community;2. the operator intends to apply the changes to all community residents;3. the changes may have a material effect on living conditions in the community;4. the Attorney General and the Secretary have the authority to approve the changes;5. any resident who wishes to comment on the changes should write to the Office of the Attorney General; and6. residents may also comment to the operator regarding the proposed changes, if the residents choose to do so.At least 60 days prior to the effective date of the rules, the rules shall be sent for approval to the Attorney General and the Secretary as set forth in M.G.L. c. 140, § 32L(5). A copy of such rules, including any amendments or deletions thereto after their initial submission, with copies of the certified mail receipts signed by a representative of the Attorney General and a representative of the Secretary, also shall be sent or delivered to each resident in the affected manufactured housing community at least 30 days prior to their effective date, as set forth in M.G.L. c. 140, § 32L(5).(b) If the notice provisions of M.G.L. c. 140, § 32L(5) have been complied with and neither the Attorney General nor the Secretary disapproves of such rules or amendment or addition thereto prior to the proposed effective date thereof, such rules may be enforced by the licensee from and after the proposed effective date until such time as the Attorney General or the Secretary disapproves such rules or portions thereof. Any such disapproval shall apply prospectively, but shall not preclude a private party from challenging such rules or portions thereof in a court of competent jurisdiction prior to or after such disapproval. Approval or disapproval of the Attorney General or the Secretary shall be deemed given only when explicitly so stated and shall not be implied or inferred in the absence of an explicit statement.(c) Each annual application to the board of health for an original or renewal license to operate a manufactured housing community shall include a true and complete copy of the rules then in effect, in accordance with M.G.L. 140, § 32B and 940 CMR 10.11(2).(4)Guests. An operator shall not unreasonably restrict a resident from having a guest or require any such guest to register. An operator shall not unreasonably restrict the right of a guest to use any community facility or service.(5)Exterior Appearance and Improvements.(a) A licensee may promulgate reasonable rules that require residents to keep neat and in good repair the exterior of a manufactured home and the manufactured home site.(b) A licensee may require residents to conform a home's exterior to reasonable aesthetic standards that are applied consistently throughout the community (with the exception of those homes where conformance with such standards is not practicable or possible because the home, if built before June 15, 1976, does not comply with federal standards for construction of manufactured housing that became effective on that date and are administered by the U.S. Department of Housing and Urban Development) so long as such aesthetic standards are disclosed prior to the tenant's entry into the community. New or revised standards may be proposed in rules submitted for approval to the Attorney General and the Secretary in accordance with 940 CMR 10.04(3).(c) An operator shall not restrict a tenant from removing any improvements made by the tenant to the manufactured home site during his or her tenancy, such as plants, vines, edgings, shrubs, gravel, stone or other additions made for the benefit of his or her tenancy, except that, by agreement of both parties the licensee may retain the improvements by paying the tenant for their actual cost. A licensee may require the tenant to repair any damage to the home site caused by the removal of any such improvements.(d) An operator shall not perform or charge a resident for maintenance work on the resident's manufactured home or home site, unless requested by the resident, or unless: 1. the exterior does not comply with a reasonable rule as described in 940 CMR 10.04(5)(a) and (b);2. the resident's occupancy agreement allows the operator's proposed actions; and3. the resident first receives written notice from the operator that specified work is required, and that the operator will perform the work or cause it to be performed at the expense of the resident no sooner than ten days from receipt of the notice, if the resident does not do the work; and4. the notice specifies the amount that will be charged.(e) An operator shall not misrepresent governmental health, safety and use requirements nor seek to exercise enforcement powers thereunder not granted by law.(f) An operator shall not require any resident to make permanent improvements to the manufactured home site, or the manufactured housing community or any of its facilities, nor assess any separate fee or charge for any such permanent improvements made by the operator, except as specifically provided for in 940 CMR 10.00.(6)Interior Appearance and Improvements. An operator shall not impose any restriction on the interior appearance or equipment of a manufactured home, nor shall an operator require a resident to make interior improvements. Residents shall be responsible for the interior's compliance with applicable governmental health, safety and other regulations, and shall only be subject to enforcement by the appropriate governmental authorities.(7)Motor Vehicles. An operator shall not prohibit any resident from parking up to two personal motor vehicle at or on a manufactured home site. A licensee may otherwise reasonably restrict parking, maintenance and storage of motorized vehicles, trailers, and boats. Where there is no provision made in a community for guest parking, an operator shall not place unreasonable restrictions on guest parking at a resident's home site or adjacent roadways.(8)Non-Residential Use of a Manufactured Home. An operator shall not restrict ancillary non residential activities within a residential manufactured home or homesite, including but not limited to home offices, child care, and yard sales, if such activities comply with local zoning and other laws, and do not substantially disrupt the residential character of the manufactured housing community. A licensee may impose reasonable restrictions on the times and manner in which yard sales are conducted, so long as such restrictions are included in the community's rules.(9)Residents' Meetings and Communications.(a) An operator shall not prohibit or unreasonably restrict free movement, speech, assembly and association within a manufactured housing community.(b) An operator shall not restrict or prohibit residents from meeting peacefully for any lawful purpose nor restrict or prohibit the presence of any public official, candidate for public office, or representative of a manufactured homeowners' organization. Meetings may be held in a common area or facility not otherwise in use or in a resident's home.(c) An operator shall not prohibit, or require fees or deposits for, any meetings held in a common area or facility by the community's residents to discuss the community's affairs, so long as the meetings are held when the facility is not otherwise in use. An operator shall not prohibit the distribution of notices of such meetings.(d) An operator shall not restrict peaceful canvassing and petitioning of residents, including without limitation the distribution or circulation of oral or printed information, for any noncommercial, political or public purpose.(e) An operator shall not prohibit any resident from soliciting membership in any resident association, including but not limited to oral or written requests for membership or the payment of dues.(10)Pets. A licensee may reasonably restrict pets that go outside a manufactured home. An operator shall not regulate pets that live solely within a manufactured home, except for requirements that any such pets not disturb the peace and quiet of other residents.