A Dover Manufactured Home Community Park Owner notified their residents that the rent would be increased by $90 per month.  The Park Owner stated that the rent increase was for enhancements made throughout the community.  In accordance with State guidelines, the HOA filed for Arbitration stating that the enhancements made by the Park Owner were actually general maintenance items that the Park Owner had neglected over a number of years.  The Arbitrator ruled in favor of the HOA.  In the decision, the Arbitrator stated that based upon the fact that the Park Owner had not done regular maintenance; the owner had no right to increase the rent.  The Arbitrator stated that since the HOA filed the appeal for arbitration and paid the required fee, that only the members of the HOA were to benefit from the ruling and pay no increase but the $2.50 for the DEMHRA relocation trust fee.  The Arbitrator continued by stating that the residents who decided not to join the HOA or elected not to allow the HOA to represent them in arbitration were to be excluded from the arbitration and would be  required to pay the rent increase.  However, the Arbitrator did state that the same residents may individually or as a group file their own appeal for arbitration as long as State guidelines, rules and procedures were followed.  In this case, timing was an issue and those residents did not make the filing deadline.

While we realize that it doesn’t seem fair to the non-member residents, because the owner truly did not deserve this increase.  The Camelot Meadows HOA wants to make sure that all residents are represented and informed of their rights.

There are a number of rules and regulations that govern the appeal and arbitration process.  To help put all of this into perspective, the CMHOA has formed a Political Committee that has read through the rules and regulations and presented to the HOA Board a number of recommendations that our HOA needed to put in place that would help protect our residents.  While the CMHOA is here to represent each resident; the bottom line is that we can not force you to join the HOA and allow us to represent you. Any one person or group of persons may file for Arbitration if they feel that their rent increase is not justified.  The fee is $250 and that fee can represent one or more persons who have the same “date of notification”.  The rules to follow and the forms to be used can be found on demhra.delaware.gov .  You can also find a list of forms and sample letters. 

One item made clear through the arbitration was that each resident must give the HOA permission to represent them in arbitration and legal matters involving Land Rent Justification and “The Right of First Offer”.  We have revised our membership form which now contains an authorization statement granting permission for the CMHOA to represent you.  All existing members who wish for the CMHOA to represent them in these matters will need to sign this statement.

Some of our residents will be canvassing our community to bring this arbitration decision to the attention of all residents and to ask those of who are not members to join our HOA and allow the CMHOA to represent you.  Current members will be asked to update their membership information and sign the authorization statement.  Remember that your membership dues will assist us in any arbitration and legal fees should they be needed.   A portion of each member’s dues go to DMHOA, our state organization, which fights for Legislation to protect us as Manufactured Homeowners.

We ask and encourage all residents to join the CMHOA and get involved in our community.  We are all in this together and we are stronger in numbers.  We cannot simply leave it to the “next guy”.  We are still fighting many battles and can use everyone’s help. Every resident is part of the solution.