Health Care Reform Resource Center
33 Davis Brown Attorneys Selected for The Best Lawyers in America 2014
Davis Brown Attorneys Named Among Best in the U.S.
Immigration Client Resource Center
Voted Des Moines' Best Law Firm

Legal Issues


Making Changes to Your Rules and Regulations in a Manufactured Housing Community - January 28, 2020

Landlords who want to make changes to the rules and regulations in their manufactured housing communities need to be aware of the notice rules in Iowa Code § 562B.19.

 

General Notice Period for Rule Changes

Generally speaking, Iowa law provides that notice of rule changes may be implemented for all mobile home residents 30 days before they become effective.

 

Longer Notice Period for Substantial Modifications

However, there is an exception if the rule change “would work a substantial modification to the rental agreement,” (Iowa Code § 562B.19). These substantial modification changes must be implemented with the same notice period as if you were raising the rent or changing the terms of the lease - only after the current lease term has expired and upon 60 days prior notice.

 

Any change in the rules that would add an additional fee equates to a substantial modification and has a different notice period. For example, if you wanted to add a $10/dog/month fee, or if you wanted to stop allowing dogs, as part of a rule change, those rule changes equate to a substantial modification to the rental agreement.

 

Lease Term and the Notice Period

Lease terms play a big part in implementing rule changes.

 

If all leases within your community are month-to-month, this type of rule change can be implemented with a 60-day notice. Conversely, if your community has some 6-month and 1-year leases, then the implementation of this type of new rule would not take effect for those residents with longer leases until after their 6-month or 1-year tenancy term has ended.

 

Service Method for the Notice of Rule Change

You can notify residents via posting or via mailing U.S. Mail and Certified Mail. You do not need to do both for this type of rule change.

 

If you are making changes to the Rules and Regulations in your community, it is recommended that you speak with an attorney to confirm whether the change would be considered a “substantial modification” under the law and, thus, require the longer notice period.




Davis Brown Law Firm blogs, legal updates, and other content are for educational and informational purposes only. This is not legal advice and it does not create an attorney/client relationship between Davis Brown and readers. Each circumstance is different; readers should consult an attorney to understand how this content relates to their personal situation. You should not use Davis Brown blogs or content as a substitute for legal advice from a licensed attorney in your state. Reproduction of Davis Brown content without written consent is prohibited.