HARRY HUGHES, Governor

2979

(3)  IN AN ACTION BY OR AGAINST A RESIDENT, IF
THE RESIDENT PREVAILS AND IF THE RENTAL AGREEMENT CONTAINS A
PROVISION THAT ALLOWS ATTORNEY'S FEES TO THE PARK OWNER, THE
COURT ALSO MAY ALLOW REASONABLE ATTORNEY'S FEES TO THE
RESIDENT.

(4)  IN AN ACTION BY A RESIDENT, THE COURT MAY
AWARD EQUITABLE RELIEF THAT IT CONSIDERS NECESSARY,
INCLUDING THE ENJOINING OF FURTHER VIOLATIONS. THE LOSING
PARTY MAY BE LIABLE FOR COURT COSTS AND REASONABLE
ATTORNEY'S FEES INCURRED BY THE PREVAILING PARTY.

PART II. SPECIFIC ENFORCEMENT AUTHORITY
8A-1502.

(A)  IF IT IS CLAIMED OR APPEARS TO THE COURT THAT A
RENTAL AGREEMENT OR PARK RULE MAY BE UNCONSCIONABLE, THE
COURT MAY GIVE TO THE PARTIES A REASONABLE OPPORTUNITY TO
PRESENT EVIDENCE AS TO THE MEANING OF THE RENTAL AGREEMENT
OR PARK RULE, RELATIONSHIP OF THE PARTIES, PURPOSE, AND
OTHER RELEVANT FACTORS TO AID THE COURT IN MAKING A
DETERMINATION.

(B)  A PARK RULE THAT DOES NOT APPLY UNIFORMLY TO ALL
RESIDENTS IN A PARK CREATES A REBUTTABLE PRESUMPTION OF
UNFAIRNESS.

(C)  IN DETERMINING IF A PROVISION OF A RENTAL
AGREEMENT OR OF A PARK RULE IS UNCONSCIONABLE THE COURT MAY
CONSIDER IF THE PROVISION:

(1)  PROMOTES THE CONVENIENCE, SAFETY, OR WELFARE
OF RESIDENTS;

(2)  PRESERVES FROM ABUSIVE USE PROPERTY OF THE
PARK OWNER;

(3)  PROMOTES A FAIR DISTRIBUTION OF SERVICES OR
FACILITIES HELD OUT TO RESIDENTS GENERALLY;

(4)  RELATES REASONABLY TO ITS PURPOSE;

(5)  APPLIES TO ALL RESIDENTS IN A FAIR MANNER;

(6)  ARE SUFFICIENTLY EXPLICIT FOR A RESIDENT TO
COMPLY; AND

(7)  IS FOR THE PURPOSE OF EVADING AN OBLIGATION
OF THE PARK OWNER.

(D) IF A COURT FINDS THAT ANY PROVISION OF A RENTAL
AGREEMENT OR PARK RULE IS UNCONSCIONABLE, THE COURT MAY:

(1) REFUSE TO ENFORCE THE RENTAL AGREEMENT OR
PARK RULE;