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February 2015

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FEBRUARY 2015 23 THE JOURNAL First Commercial Property Corporation was founded in Seattle by Joel Erlitz in 1992 for the purpose of managing land-lease communities. As an owner of MHC's since 1980, Joel has al- ways felt that the industry was under-served and full of potential. He realized early on that business can work when both sides win. He at- tributes the tremendous success of the company to the close working relationships he has devel- oped with his employees and his clients over the years. Today, the company manages over 4,200 units across the Pacific Northwest. 2014 was a year of expan- sion for FCPC when an established MHC de- velopment firm based in Washington with 50 years in the industry chose FCPC to manage their 1,900 unit portfo- lio. The 1031 Exchange of one property in Wash- ington allowed Mr. Erlitz to purchase the 206- space, Idaho MHC of the Year 2003 in Post Falls, Idaho. With its corporate headquarters in Seattle, the company has now opened offices in Oregon providing management and brokerage services to the MHC industry in that state. The company's staff has also grown this year to manage the expansion. They have added three senior portfolio managers with over 50 years cumulative experience managing MHC's, a development and finance specialist, two new accountants, a CPA, and a marketing team. The company believes that every community is different and requires its own special atten- tion. Their focus is on solving infrastructure and vacancy problems, maximizing income po- tential, and raising market values. The company plans to continue growing and building its portfolio of clients and services throughout 2015 and beyond. Managing MHCs Across the Northwest For more than thirty years currently over 4,200 units and growing ZLWKRIÀFHVLQ Washington, Oregon, and Idaho www.fcpcmgt.com toll-free 844-985-7275 ously cannot be used for any improper purpose. A "resident" is a tenant who has occupied a lot in a RV park for nine (9) months or more. (Civ. Code § 799.31.) The nine (9) month mark is significant in that once a space is occupied for this length of time, the tenancy can only be terminated "for cause" on sixty (60) days' notice (sim- ilar to all occupants under the MRL). (Civ. Code § 799.70.) A Community can terminate the tenancy of a "resident" for default in payment of rent, utilities, or other charges upon service of a stan- dard three (3) day notice, with a corresponding sixty (60) day pe- riod to remove the recreational vehicle from the Community. To terminate based upon a rule violation, the Community must first serve a seven-day (7) notice, thereby providing the resident with an opportunity to cure the particular rule violation. Unsuspecting Community managers can create substantial delay by, for example, serving a "for cause" sixty (60) day termination notice on an RV owner who need only be served with a 72-hour notice to remove the RV, or even a "no cause" thirty (30) day no- tice to terminate the tenancy. Worse still, in California, for ex- ample, improperly serving a sixty (60) day notice could arguably confer "resident" status on a "tenant," thereby requiring a Com- munity to abide by the more onerous "for cause" and sixty (60) day notice requirements that a "tenant" would otherwise not have been entitled to. Understanding these unique classifications and corre- sponding notice requirements is the first step in avoiding needless delay, and to ensure that each RV space remains income-produc- ing. California's distinct mobilehome and RV laws typify unique laws found in most jurisdictions that not only regulate tenancies for man- ufactured homes and RV owners, but may constitute a trap for the unwary. Community owners and managers alike are encouraged to become familiar with manufactured home and RV laws that apply in their particular jurisdiction so as to avoid com- mon oversights leading to lost time and/or in- creased expense. Ryan Egan is a litigation associate with Southern Cali- fornia law firm, Hart King, and is a member of the firm's manufactured housing practice group. Ryan may be reached directly at 657.622.4703 or at regan@hartk- inglaw.com. This article is for general information purposes and is not intended to be and should not be taken as legal advice for any reader. The Industry Standard for Manufactured Home Community Market Data 2014 JLT Rent Surveys Now Available for Texas, Ohio, Indiana, Atlanta, Minneapolis & the Pacific Northwest Call 800.588.5426 www.jlt-associates.com • Rents and Increases • Community Rankings • Occupancy Rates JLT Rent Survey Reports provide detailed research on investment grade communities in 73 markets nationwide, including the latest rent trends, occupancy stats, and other valuable management insights. • Amenities & Services • Historical Data • Marketing Programs No. 14 on Get It Quick Page \ 22 First Commercial Property Corporation Plans Continued Growth In 2015 T J No. 15 on Get It Quick Page

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