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Posts Tagged ‘state law’

New State Law Would Change Eviction Rules For Manufactured Homes

October 13th, 2016 Comments off
New State Law Would Change Eviction Rules For Manufactured HomesHeritage Village EntrancecreditOregonlive-postedtoDailyBusinessNews

Heritage Village Entrance. Credit: Oregon Live.

The battle between a group of actvist, protesting residents of the Heritage Village manufactured home community in Beaverton Oregon and the property owner – Cal-Am Properties – has prompted a Coos Bay state legislator to propose a change to state law.

According to the Oregonian/Oregon Live, the issue stems from claims made by residents that Cal-Am presented demands that home exteriors undergo various modifications or residents faced eviction within 30 days.

Since the original reports by the Oregonian/Oregon Live and KATU News in addition to subsequent reports by MHLivingNews, Cal-Am has told residents that there would be no evictions resulting from the home improvement orders.

State Senator Arnie Roblan told the Oregonian/Oregon Live the experiences of several Heritage Village residents prompted him to seek modification of the state’s existing laws covering manufactured homes.

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Credit: Joe Dyton, MHLivingNews.

The proposed law change would specify what constitutes deterioration of a manufactured home and would adjust the amount of time allowed for improvements to address the issue.

Under current Oregon law, a resident can face eviction within 30 days if they do not make management-ordered improvements. The proposal from Senator Roblan would extend that to 60 days.

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Arne Roblan. Credit: News Lincoln County.

Roblan was inspired by a story shared by retired state Sen. Joanne Verger, who owns a home in a Cal-Am development in Salem, OR.

Verger and her husband purchased a manufactured home and moved it to the Lakeside Village community in 2002. When she retired in 2012, they gave the home to her daughter and husband.

According to Verger, her daughter, Anne Johnson, came home to find a letter from Lakeside Village managers giving a list of exterior improvements that needed to be made.

Johnson’s letter, and letters to other residents, included a threat of eviction within 30 days if improvements were not made.

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Joanne Verger. Credit: The News Guard.

Johnson, in an interview with the Oregonian/OregonLive, said she and her husband repainted the unit and made other changes. According to Johnson, Cal-Am managers issued another notice seeking additional improvements.

A lot of the stuff they were asking for was clearly not maintenance,” Sen. Roblan said. “It wasn’t deterioration. It was spiffing up and making it the way they want it to look.

A Heritage Village official who would not provide a name declined to comment Monday on Roblan’s proposal.

According to the Oregonian/OregonLive, Ken Pryor, program Coordinator for Oregon Housing & Community Services, told residents at a recent meeting that their experiences were similar to those of other manufactured-home owners in Oregon.

While state law may be on the side of the tenant,” he said, “they may not be able to afford an attorney.” ##

(Image credits as shown above.)

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RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams for the Daily Business News, MHProNews.

 

 

 

 

 

Battle Over Community Owner’s Rights vs. Resident’s Rights highlighted in St. Anthony case

September 28th, 2016 Comments off

lowrygrovecreditstartribunestanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnewsResidents of the Lowry Grove community in the Minneapolis, MN suburb of St. Anthony lost their bid to block the sale of the property, according to a ruling by a Hennepin County Judge.

We continue working together to save Lowry Grove. We will organize more action,” said Antonia Alvarez, president of the Lowry Grove Resident Association, per the Star Tribune’s report. I understand they are very rich, but we have community support.”

The ruling is a blow to the residents who sued to keep the park open. A state law drafted in 1991 was designed to give manufactured home owners the right of first refusal to buy land in the event it was put up for sale.

paulbradleycredtimhpronewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnewsPaul Bradley, president of ROC USA posed the following question to MHProNews. “How can we promote homeownership and sell new homes on leased land and at the same time close communities?”

Judge Joseph R. Klein wrote, in part, that the statute “…does not grant them an unfettered ability to purchase the park. They were not deprived on that right because it was never, in fact, granted to them.judgejosephkleincreditmncourtsgovstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1

 

This is believed to be the first major legal test of the law.

The owners of Lowry Grove, LLC notified residents in April that they intended to sell the property to The Village LLC, a subsidiary of Wayzata, MN based Continental Property Group, for $6 million. The Village announced that they would close the park in a year and redevelop the 15 acres of land.

Fearing the loss of access to good schools and safe streets, the residents prepared to respond.

Under state law, residents had 45 days to match the offer. Homeowners partnered with Aeon Management, a Minneapolis based non-profit management company, to make a matching $6 million offer on June 10, the day of the deadline.

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Lowry Grove residents protesting.

The offer was rejected.

On June 13, the sale to The Village became final. Aeon Management and Lowry Grove residents sued, arguing that the law, and their civil rights, had been violated.

 

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The Lowry Grove RV park and manufactured home community is on a prime parcel of real estate, as this Google earth image reflects.

When the statue was passed, said Judge Klein, the intent was clear.

Should a park be sold contrary to [the law] the only remedy the residents in the park have is to sue under a violation of this law for something besides ownership of the land, said Judge Klein.

Explaining further, Klein wrote that lawmakers were balancing competing priorities when passing the statute, giving manufactured homeowners a tool to protect their homes while not overtly interfering with park owner’s ability to sell their property.”

tomastracicreditiremmnstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1We are pleased with, but not surprised by, Judge Klein’s ruling,” said The Village Vice President Traci Tomas in a written statement. “From the beginning, we’ve realized that this is a difficult situation for the residents. That has never been something we’ve taken lightly.”

Tomas has also denied violating the state statute, countering that residents didn’t meet all the criteria. She also shared where the Village’s focus is.

Right now, we are focused on those who have expressed a desire to complete their move before winter sets in,” Tomas said. “We are working with the City of St. Anthony so residents can submit applications to the Minnesota Manufactured Home Relocation Trust Fund for financial assistance that will help with their relocation.”

jimayottecreditmhpronewsusersrcdesktoppaulbradleycredtimhpronewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnewsJim Ayotte, Executive Director of the Florida Manufactured Housing Association (FMHA), provided commentary on a similar situation with the Denver Meadows community in Aurora, CO in his column on MHProNews. “It costs money to create affordable housing, which local governments don’t have, and it is more politically expedient to put the screws to a business owner and get favorable press for protecting a group of economically challenged homeowners.

This is unfair to the private sector and, quite frankly, should be unconstitutional,” says Ayotte. “What that said, it is the responsibility of all parties to do the right thing.”alanarthuraeoncreditmprnewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1

Aeon Management CEO Alan Arthur commented, “I am sad that our world seems to value bottom line financial returns more than it does people.” Aeon is also exploring other legal options for Lowry Grove residents.

The struggle over community owner’s property rights vs. land-lease community resident rights continues, and the Daily Business News plans to track this story to its conclusion. ##

(Editor’s Note: Equity LifeStyle Communities Chairman Sam Zell’s view on property owners rights is published exclusively in a report on MHProNews, linked here.

(Image credits are as shown above.)

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC WIlliams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News, MHProNews.

State Law Outlaws Banning Manufactured Homes

November 5th, 2013 Comments off

Hackles are up among residents in Zeus Park in Martin County, Florida regarding an off-site built home that has been placed in one of the county’s oldest residential neighborhood. Assistant Martin County attorney Krista Storey said the information posted inside the structure indicates it meets standards to a modular home, and “modular homes are permitted in residential neighborhoods in almost all zoning districts.” According to palmbeachpost writer Sally Swartz, the multi-section home was brought in by manufactured home movers who set it on blocks. After neighbors complained, it was determined installation was being done not by a general contractor as the law states, but by manufactured home installers and the project was stopped until the county legal department sorts out the regulations. Ms. Storey said, “These days, the line between modular and mobile (sic) homes may be blurred. But manufactured or modular homes are treated as conventional homes. It’s against state law to discriminate against them.” MHProNews has learned some 70 residents have formed an organization and hired a lawyer to oppose the placement.

(Photo credit: Sally Swartz/palmbeachpost.com–“modular” house under scrutiny.

Community Owners Must Provide Emergency Shelter

March 7th, 2011 Comments off

As reported in the Oakdale Patch, the City Council of Oakdale, Minnesota, is considering a resolution to force 29 Pines Manufactured Home Community to construct an on-site Civil Defense rated shelter for its residents.  State law requires either an on-site shelter or one nearby.  Previously, in a letter to residents of the 148-homesite community, management had suggested they find shelter in a friend’s basement or hide in a ditch.  Minnesota had more tornadoes than any other state in the country in 2010.  The original complaint to the city was made in 2009, and management has been unable to find an off-site shelter.  If 29 Pines does not comply, the city may refuse to issue permits allowing new homes to be moved into the community.  On the safety of manufactured homes in extreme weather, see this Industry In Focus article on tornadoes and this Industry In Focus article on hurricanes.