Issue link: http://read.dmtmag.com/i/335339
JULY 2014 23 THE JOURNAL No. 13 on Get It Quick Page nesses, and circumstances about the reason. (Civil Code §§ 798.56 (b) and 798.57.) The Community also needs at least two residents (more if possible) willing to have their respec- tive names, addresses, and factual complaints included in the Sixty (60) Day Notice, and, most importantly, also willing to testify in court respecting their complaints and experiences to substantiate the "substantial annoyance" con- duct. It is important for Community owners not to lose sight of the cost associated with this type of notice (and subsequent trial). Unlike typical termination cases for non-payment of rent, often established through a Community Man- ager's testimony, a "substantial annoyance" ter- mination requires the testimony of the impacted homeowners or residents. Community owners and their attorneys need to interview the im- pacted homeowners and residents to make cer- tain their beliefs are reasonable under the circumstances. Community attorneys also need to prepare each witness for trial to "flesh out" the factual basis for their unique claims and written complaints. Why?—Maintaining Peace and Quiet Enjoyment for All Residents Community owners are charged with the duty to take action against a resident or homeowner who causes a substantial disturbance or foresee- able risk of harm to other residents. For exam- ple, in Andrews v. Mobile Aire Estates, a case involving a neighbor dispute which eventually escalated into one homeowner assaulting an- other homeowner, the Court recognized a Community owner's right to pursue eviction or injunctive relief under Civil Code § 798.88 in response to conduct rising to a substantial an- noyance. The Court made clear that "a mobile home park owner cannot disregard conduct by a tenant upon the park premises that constitutes a substantial annoyance to other homeowners or residents." Since Community owners are charged with reasonably responding to conduct that may potentially rise to "substantial annoy- ance," they need to conduct proper investiga- tion and determine if sufficient evidence estab- lishes that conduct amounts to a "substantial annoyance." The Community owner will need to confer with its legal counsel to determine if a "substantial annoyance" termination is appro- priate based on the evidence, the availability of other more appropriate alternatives, and which alternative is best under the circumstances, e.g., serving rule violation notices or filing an injunction action. Hart King has substantial experience investi- gating and prosecuting the termination of ten- ancies based on many factors, including terminations based upon "substantial annoy- ance." Our specialized team of attorneys can assist a Community owner in understanding and addressing the responsibilities and pitfalls of ter- minating any tenancy within a manufactured community. Ryan Egan is a litigation associate with California law firm, Hart King, and is a member of the firm's manufac- tured housing practice group. Ryan may be reached at (657) 622-4703 or at regan@hartkinglaw.com. T J Trey Miller Tapped as Chairman of the 2014 RV/MH Golf Classic Annual Fundraiser Atwood Mobile Products' Aftermarket Sales Director Trey Miller has accepted the position of chairman of the 2014 RV/MH Golf Clas- sic annual fundraiser, according to Darryl Searer, president, RV/MH Hall of Fame (Hall). Searer said, "We are delighted that Trey has stepped up to lead our golf fundraiser. Trey will be contacting golfers from the RV/MH industries in the coming months, and I encourage all golf enthusiasts to join us for a fun-filled day and at the same time, help support the Hall. The Hall's 2014 Golf Classic fundraiser will start at 7 a.m. on Monday, August 4, 2014, with a full breakfast followed by a shotgun start at 8:30 a.m. at the Bent Oak Golf Club in Elkhart. The awards luncheon begins immediately following the golf tournament. Individuals can sign up as a Lone Eagle ($200) or reserve a four- some as a Silver Pro Sponsor. ($800). Miller said, "The golf event is an important fundraiser for the Hall. Once the cost of the golf outing itself is deducted, all of the remain- der of the funds is used to reduce debt and pay operating expenses." Searer said, "Reservations for the 2014 Hall of Fame Golf Classic are limited so it is important to reserve early. "The golf outing has historically been great fun for those partici- pating—a chance to interact with clients and potential customers in a relaxed forum, a chance to really get to know them and build lifelong friendships and business relationships. Miller said, "I hope all RV/MH industry members will set Monday, August 4, 2014, as not only a day to celebrate the induction of the Class of 2014 into the RV/MH Hall of Fame, but also, support the RV/MH Hall of Fame and Museum itself by participating in the golf outing." To make reservations for the golf outing visit www.rvmhhallof- fame.org. You can also send your reservations and check to: 2014 RV/MH Golf Classic, RV/MH Hall of Fame, 21565 Executive Park- way, Elkhart Indiana 46514. For questions or special requests, contact Trey at: t.miller@at- woodmobile.com