Correspondence regarding Impending Sale and Potential Development of 1938 Westpark Lane

The $89,900 Offer

I was able to attract an offer to purchase in April of 2016 for my full asking price of $89,900. When I approached the Landowner for a tenancy application, I was advised by the Landowner that a new tenant would not be permitted, solely on the basis the Town of View Royal would not permit residency for a period longer than 60 days.

When I tried to get clarity from the Town, I was advised to refer to the Landowner. At which point I became quite upset and spoke to the media, prompting the April 26, 2016 Special Council Meeting. The offer to purchase my mobile home was subsequently withdrawn.

At the Special Council Meeting I asked the Mayor and Council to consider adopting a by-law held in Langford regarding mobile home land use. At the time I was advised that such an adoption would take a great deal of consideration and the Town was not prepared to address it at the time.

In a private meeting I had with the Mayor after the Special Council Meeting I asked if instead of adoption of the City of Langford, 3030-00-1 Mobile Home Park Land Use By-Law, that similar stipulation and language be built into the rezoning of 1938 Westpark lane. I was informed at that time, such a request would need the support of the Council Members, and that a letter outlining my request would be an effective means of communicating it.

I can speak first hand to the challenge of selling a mobile home on the terms that it must be relocated by the new owners:

• The removal of the addition(s) is a daunting task.
• There is no insurance that will cover damage caused in a move.
• The home must be CSA certified.
• The pluming system will likely require repair.
• The purchase price is not financeable.
• The location for the mobile home must be properly zoned.
• Water (well or city) and waste (septic or sewer) must be available or installed.

There are VERY FEW buyers who already have a suitable property lined-up and don’t require financing on a $50,000 (or more) mobile home development project.

Reacting to the situation I’m in, I’ve lowered the price of my mobile home to reflect the conditions of the sale. From $89,900 Ive reduced the price to my BC Assessment Value of $28,700. It has been listed on the MLS at this price for months. I do get inquires, however the overwhelming majority of inquiries I receive are from unqualified buyers.

The $10,000 Offer

I can understand why some of the resident mobile home owners have accepted the offer from the proposed development Applicant for early termination of tenancy. The overwhelming challenge is simply too much for some of the aging residents, and is a gamble on the outcome. With no help available to residents from Realtors, CSA upgrades and maintenance required to make mobile homes ‘sale ready’, and a sales price of less than $30,000 ($20,000 in some cases), the $10,000 offer must seem like an only option to them.

I am suspicious of the offer for several reasons. The contingencies list for the offer to be valid is extensive and involves factors beyond the control of the Residents, Landowner and Applicant. For the offer to be valid as it is written, all parties would need to have seamless cooperation. Including a clause that the application for development be approved by the Town of View Royal for the offer to be valid.

Residents had been asked to accept the offer before ever being provided information on the application, or having the opportunity to attend a Council Meeting and listen to the the Town’s concerns relating to the application - of which, there are a few concerns raised by the Councillors that will require the Applicant significant revision to their plans.

I feel that some of the residents that have accepted the Applicants offer will soon regret doing so with such limited information. The stipulations of the offer are as follows:

• The development application is approved by The Town of View Royal
• Provide a notarized signed Mutual Agreement to End Tenancy - Noon, Sept 30, 2017
• Removal of the Mobile Home and Additions (which we heard is now not a stipulation)
• Abide all park rules and pay rent 1st of the month until end of tenancy
• The offer is time sensitive and must be accepted before noon, Friday, March 24, 2017
• The offer is FINAL and is non negotiable on the basis of value or time to vacate

It is not stipulated, however it is implied that all residents must accept the offer, for the offer to be valid. In my opinion, there are too many contingencies to be met that are out of resident’s control or can be subjectively viewed by the Landowner or Applicant for the offer to have a reasonable chance of being honoured.

The Right Thing To Do

Normally, the right thing to do is the legal thing to do. In practice, the ‘right thing’ becomes the ‘legal thing’ as it is adopted over time. This is a case where the legal thing to do has not yet caught up with the right thing to do.

Our neighbour, the City of Langford has weighed the BC Mobile Home Act and found it lacking. Which is why, the City of Langford enacted an ‘Ethical Standard’ of compensation to be paid to mobile home Owners who are unable to relocate their homes in the event of development.

The conditional offer made by the Applicant of $10,000 exceeded the BC Mobile Home Act because the Applicant recognizes the Town of View Royal will have an ‘Ethical Standard’ which must be met. I’m asking for the Town Council to hold the Applicant’s hand in this area of community ethics and have the mobile home residents compensated the BC Assessment value for their homes.

Conservatively, the sale value of the proposed development at 1938 Westpark Lane exceeds $25,000,000. Within this gross, there must be adequate profit to cover the costs of compensating the residents BC Assessment value for their homes. If the compensation were to be added to the sale value of the new residences proposed for the property, the per unit cost to ‘do the right thing’ is in the range of $5000 - $6000.

My estimate yesterday of $6115 per unit is likely higher than the actual cost of compensating the mobile home residents the BC Assessment value of their homes. My home is valued at $28,700 my neighbour’s is similar. Others down the road are $17,000 or less. I think only the Town would know the exact value of all the 17 mobile homes. I believe its information that should be available to the Applicant and Landowner for consideration in their amendments to their application.

I welcome the members of Council to my home. You are welcome to make arrangements with me to see the interior of my home so that you can appreciate the care and effort I have put into my (first) home since purchasing it in 2007. A tour would help you to understand how a buyer was willing to offer $89,900 for my mobile home, and how unacceptable an offer of $10,000 is. At least have a look at the photos online, please.

I respect the Landowner’s wish to discontinue operation of the mobile home park and I am committed to seeking avenues of removing my mobile home from their land which return a fair compensation, within my rights granted under the BC Mobile Home Act. My first choice is to sell it to an ambitious, qualified buyer who has land ready and waiting to receive it. I have also extensively explored the logistics of relocating it myself to another mobile home park, bare land or onto a property who would have us as tenants. I have been unable as of yet, over 18 months, to be able to find a suitable situation or buyer.

I would not participate in a class-action suit, as other residents suggested they may pursue, as I know it would be a fruitless endeavour with losers on all sides.

I would support the application made by the Applicant on the condition I am compensated BC Assessment value for my mobile home. I would also be willing to agree to end tenancy early, by the September timeline (or earlier), provided I am compensated BC assessment value for my mobile home.

Sincerely yours,

Don Dobbie