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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Skyline Village Park Ass'n v. Skyline Village L.P., 786 N.W.2d 304 (2010)

Citation
Skyline Village Park Ass'n v. Skyline Village L.P., 786 N.W.2d 304 (2010)
Parent Document
Skyline Village Park Ass'n v. Skyline Village L.P., 786 N.W.2d 304 (2010)
Jurisdiction
Minnesota (state)
Effective Date
2010-07-20

Other Sections in This Document (94)

Full Text

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Chapter 327C expressly and consistently differentiates between “rules” and “rule changes” and “rent” and “rent increases.” A rule is defined as “any rental agreement provision, regulation, rule or policy through which a park owner controls, affects or seeks to control or affect the behavior of residents.” Minn.Stat. § 327C.01, subd. 10 (2008). Unreasonable rules are prohibited. Minn.Stat. § 327C.05, subd. 1. The statute enumerates rules that are presumptively unreasonable and provides that a court may declare unreasonable any rule that fails to meet the statutory definition of a reasonable rule. MinmStat. § 327C.05, subds. 2, 3 (2008). The enforceability of a rule modification is governed by section 327C.02, subdivision 2, which requires that the new or amended rule be reasonable and not a substantial modification of the original agreement. Minn.Stat. § 327.02, subd. 2. Section 327.01, subdivision 8, defines “reasonable rule,” and subdivision 11 defines “substantial modification.” 1 Minn.Stat. § 327.01, subds. 8,11.