HB 176 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MAINTENANCE IN MANUFACTURED HOME COMMUNITIES.

Kowalko HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Carson TO& HOUSERep. BILL NO.

176K. AMEND House Bill No.

176Williams by& deletingSen. lines 6 through 9 in their entirety and inserting in lieu thereof the following:

“(11)Walsh “Maintenance”& orSen. “maintain” means any activity retaining or restoring an asset to its optimal state of functionality, including all inspections, tests, servicing, and repair associated with preventive or corrective maintenance.”.

FURTHEREnnis AMENDReps. House Bill No.

176Baumbach, onMitchell, lineWilson-Anton; 21 by deleting “The” between “b.” and “dividing” and inserting in lieu thereof “For each utility, the”.

FURTHERSen. AMEND House Bill No.

176Lawson onHOUSE lineOF 32REPRESENTATIVES by151st deletingGENERAL “paragraph.”ASSEMBLY afterHOUSE “this”BILL andNO. inserting in lieu thereof “paragraph.

paragraph176 ifAN theACT areaTO doesAMEND notTITLE contain25 aOF constructedTHE communityDELAWARE asset.”.CODE RELATING TO MAINTENANCE IN MANUFACTURED HOME COMMUNITIES.

FURTHERBE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

176Section by1. deleting lines 36 through 37 in their entirety and inserting in lieu thereof the following:

“conditionAmend per§ standard7003, horticulturalTitle practices25 inof accordancethe withDelaware underCode theby standardsmaking deletions as setshown forthby strike through and insertions as shown by theunderline Americanas Associationfollows ofand Nurserymen.redesignating accordingly:

established§ by7003. the International Society of Arboriculture.”.

SYNOPSISDefinitions. This amendment makes the following changes:

1.Unless otherwise expressly stated, if a word or term is not defined under this section, it has its ordinarily accepted meaning or means what the context implies.

SimplifiesFor thepurposes definition of "maintenance".this chapter:

2.(11) “Maintenance” or “maintain” means the scheduled or unscheduled repair of a community asset and includes preventive care for buildings, structures, and installed building equipment as recommended by the manufacturer and engineering or contracted architectural and engineering services that support the planning design, and execution of repairs or preventive care.

Clarifies(24) that(25) “Tree” for the servicespurpose riderof mustthis indicatechapter themeans dividinga pointwoody, forperennial landlordplant andat tenantleast responsibilities25 onlyfeet forin utilities.height or with a main stem a minimum of 6 inches in diameter.

3.“Tree” includes the root system, limbs, and trunk or stem.

ClarifiesSection that2. this exemption does not apply to constructed community assets.

4.Amend § 7008, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Changes§ the7008. required industry standards to those established by the International Society of Arboriculture because the American Association of Nurserymen ceased to exist by 2007.

Provisions of a rental agreement.

(a) All new and renewing rental agreements, including those rental agreements whose original term has expired, for a lot in a manufactured home community must include all of the following:

(9) A services rider which contains a description of each utility, facility, and service provided by the landlord and available to the tenant.

The services rider must clearly indicate the all of the following:

a.

The financial responsibility of the tenant and the landlord for installation and maintenance of each service, and the service.

b.

The dividing point where the landlord’s or provider’s responsibility for installation and maintenance ends and the tenant’s responsibilities begin.

CM Page 1 of 12 Released:

06/17/202105/05/2021 12:0904:05 PM 5971510163c.

The related fees or charges for each service.

(10) A rental agreement summary that must contain all of the following:

b.

The Lot number of the rented lot.

(13) Provisions requiring the landlord to do all of the following:

a.

Maintain and regrade the lot area areas, bulkheads, streets, and other grounds, where necessary and in good faith, as permitted by law, and to prevent the accumulation of standing water thereon and to prevent the detrimental effects of moving water if such efforts do not cause the creation of any new accumulations of standing water or detrimental effects of moving water on another lot area.