sec.3Particular types of special terms prohibited in site agreements— Act , s 25B

sec.3 Particular types of special terms prohibited in site agreements— Act , s 25B

For section 25B (1) (a) of the Act , the types of special terms that are prohibited are special terms that— calculate site rent increases in a misleading way; or a special term that states that a rental increase is calculated in accordance with the consumer price index, but the rental increase includes an additional charge require a home owner to pay other charges but does not fully explain the charges; or require a home owner to gain the consent of the park owner before the home owner complies with a requirement under law; or state that if the seller assigns the seller’s interest in a site agreement to a buyer, the site agreement between the seller and the park owner does not end until the buyer enters into a site agreement with the park owner; or require the home owner to give a current building inspection certificate to the park owner; or restrict or prohibit an alteration to the home that is not visible from the outside of the home; or allow the park owner to consent to the alteration to the exterior of a home or addition to the home in a way that is contrary to section 98 of the Act ; or require the home owner to indemnify the park owner and the park owner’s employees, contractors or agents for loss that was not caused by the home owner, a guest of a home owner, or a home owner’s contractors or agents; or give the park owner either of the following rights, however described— a right to buy a home before another person may be offered the home; a right to make a final offer to buy a home after all other offers have been made to buy the home; or state site rent will not be reduced if there is a decrease or reduction in the standards, amenity or community facilities or services, including if— there is a decrease in amenity or standard of the residential park’s common areas and communal facilities mentioned in section 72 (1) (a) of the Act ; or a communal facility or services mentioned in section 72 (1) (b) of the Act has been withdrawn; or a communal facility or services mentioned in section 72 (1) (c) of the Act has not been provided; or state that the park owner does not warrant that the site is suitable for use as the site of a manufactured home; or state that the park owner may exclude a person from the residential park without having reasonable grounds for the exclusion; or appoint, or require the home owner to appoint, the park owner as an attorney for the home owner; or state that the seller is liable for the actions of a buyer after the seller assigns the seller’s interest to the buyer; or state that referring to the site agreement is a sufficient way to explain how an increase in site rent is calculated for the Act ; or purport to exclude legislation from affecting the site agreement, unless the legislation provides that it may be excluded; or impose a monetary penalty on a home owner if the home owner breaches the site agreement; or remove a park owner’s liability for negligence or a breach of a contractual duty of care if the negligence or breach is caused by an act or omission of the park owner or the park owner’s employees, contractors or agents; or prohibit or prevent the park owner from reducing the site rent for any reason.