Difference between revisions of "Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)"

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{{REVIEWED LSLAP | date= July 29, 2019}}
{{REVIEWED LSLAP | date= September 7, 2020}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


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A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.
A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.


:NOTE: Between March 30th, 2020 and  June 23rd, 2020, section 16 of Ministerial Order 89 of 2020 allowed landlords to restrict access to common areas of the manufactured home park by tenants and their guests to protect the health of themselves, a tenant, an occupant, or a guest, to comply with an order by the governments of Canada, BC, or the municipalities under the Emergency Program Act or to follow the guidelines of BC Centre for Disease Control or the Public Health Agency of Canada. Between June 24th, 2020 and when the BC Provincial State of Emergency expires or is cancelled, section 11 of Ministerial Order 195 of 2020 prevents the director from granting an order that reduces the rent or any other order of monetary compensation resulting from the termination or restriction of access unless the director already held a hearing on an application for dispute resolution for this reason. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.


=== '''2. Landlord''' ===
=== '''2. Landlord''' ===
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• If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (MHPTA s 18.1 (2))
*If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (MHPTA s 18.1 (2))
 
**For the purpose of MHPTA s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”  
 
*All existing tenancy agreements would be implied to have terms prohibiting growing cannabis on the outdoor areas or common areas of the home park or home site unless:
NOTE: For the purpose of MHPTA s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”  
**# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
 
**# growing the plants is not contrary to a term of the tenancy agreement, and   
 
**# the tenant is authorized under applicable federal law to grow the plants at the manufactured home park and the tenant is in compliance with the requirements under that law with respect to the medical cannabis.
• All existing tenancy agreements would be implied to have terms prohibiting growing cannabis on the outdoor areas or common areas of the home park or home site unless:
 
 
# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
# growing the plants is not contrary to a term of the tenancy agreement, and   
# the tenant is authorized under applicable federal law to grow the plants at the manufactured home park and the tenant is in compliance with the requirements under that law with respect to the medical cannabis.




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