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Law Allows Real Estate Personnel to Sell Homes in Your Manufactured Home Community

March 7th, 2018 No comments

Real estate personnel are now allowed to sell homes in manufactured and mobile home parks without first having to be licensed as a broker under the Arizona Division of Manufactured Housing, Department of Housing.

The new law [in AZ] allows:

1) Licensed real estate brokers and salespeople to sell new or used manufactured homes and mobile homes located in mobile home parks if the licensed broker or salesperson is acting as an agent for a licensed Manufactured Housing Dealer and the Dealer is responsible for filing all of the required paperwork and submitting the required fees on the sale of the home

2) Licensed real estate brokers and salespeople to sell used manufactured homes and mobile homes located in mobile home parks if they are acting on behalf of a private party and the broker or salesperson then remains subject to the real estate licensure requirements

MHCA’s task force on this topic, consisting of Greg Johnloz, Keith Vanderhout and Mel Comstock, are done with all of the forms real estate personnel will need to sell the homes. MHCA hired a law firm which works with the Arizona Association of Realtors (AAR) to prepare the forms, and then sent them to MHCA’s attorneys for review. AAR has shared the contracts and information on this law with their members and we should find some realtors interested in selling our homes.

RealEstatePersonnelCanSellMHCASusanBrentonManufacturedHousingIndustryVoicesDailyBusinessNewsMHProNews

In addition, MHCA is preparing a three-hour class on selling homes in our communities and hopefully it will be approved as a class eligible for the continuing education required of real estate personnel. We will also be working with the 12 different Multiple-Listing Services in Arizona on this topic.

MHCA believes this is an important new law which will bring more prospective buyers into our communities. ##

Susan_BrentonManufacturedHousingCommunitiesAZ-DailyBusinessNewsMHProNews202Susan Brenton
MANUFACTURED HOUSING COMMUNITIES OF ARIZONA

2158 North Gilbert Road
Suite #116
Mesa, AZ 85203

Editor’s Note: the headline and the graphic/quote are provided by the publisher, as is customary.

Manufactured Homes – Access & Equity – a Key Cure for America’s Housing Shortages, Wealth-Building Says Activist Donald Tye, Jr.

March 6th, 2018 No comments

Manufactured housing could cure most of the ills we have in this country as it pertains to the housing shortage.

Why then is it not being utilized as it could be?  Especially when it is known what the consent of the governed has been towards its use, i.e.: HUD?

The answer lies in the fact that super-capitalists and monopolies controlled by the few, lobby against the very democracy that afforded them the billions they have at their disposal. They are able to do this by making sure that on every level of the socioeconomic hierarchy, they have agents, allies, or directors forming what is called an Interlocking Directorate. 

These directorates can be very deceptive, because most times their job is not to steer but just to glean information to disseminate to the titular head of the organization. Many an activist, including myself, have fallen prey to this type of hidden maneuvering and manipulation.  Warren Buffett is among such Americans.

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Housing and Civil Rights, Super-Capitalism vs. Democracy

I was never in agreement with parts of the Civil Rights Movement as it pertained to making people do what they otherwise did not want to do. I believe that if you don’t want me in your store, then I should not go to your store.

However, I do believe in equal access.

I believe that people participating in a Democracy should be granted all the same access, holding to the words of the Declaration of Independence; “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

Simply put, a Democratic Government should give equal access to the governed. To all people who are citizens, black, white, yellow, etc.

It is in this vein that my parents, and I as a parent, disagreed with affirmative action. If you gave me access to: living wage jobs, bank loans to purchase a home and an equally unencumbered education, then I could do the rest by myself! That in and of itself is reparations.

I have said before that home ownership is the quickest way to build wealth.

Our personal experience with buying and paying off a factory-built home, in the days before the HUD Code for manufactured housing came into being, is another indicator that manufactured homes can rise in value side-by-side with conventional housing.

HUD and public officials need to make enhanced preemption of manufactured homes a reality. What else will fix the problem millions face caused by locals and officials blocking access to wealth-creating affordable? ##

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Rev. Donald Tye, Jr.
Actively Retired
Minister, Investor, and Business Professional

 

(Editor’s Notes: Rev. Tye has recently returned from Puerto Rico, where he saw the post-hurricane challenges first hand.  He’s also involved with investors in transformational studies in housing.  Tye is actively advocating for the use of the enhanced preemption passed into law by the Manufactured Housing Improvement Act of 2000.  The links below are related topics that sparked the letter provided by Tye above to MHProNews for publication.

Tye has also provided a sample of legal research from Harvard University on the challenges and problems that can be created by interlocking directorates. Stay tuned for that report…Titles to articles and illustrations are routinely provided by the publisher, as is the case here.)

 

Progressive “Nation” Reports on Monopolies Cites Buffett, Clayton, Others – MH Industry Impact?

YIMBY vs. NIMBY, Obama Admin Concept Could Unlock $1.95 Trillion Annually, HUD & MH Impact

Urban Institute Ask for Correction in Analysis of their Manufactured Housing Research, “Follow the Facts,” “Follow the Money”

State Association Quits Membership in Manufactured Housing Institute (MHI), Explains in Writing, Why?

February 9th, 2018 No comments

The manufactured housing industry has long been a mainstay of affordable housing in the United States.  For decades the industry has provided an unmatched quality of life with an affordability not seen in any other sector of the housing market.  The homes and the land lease communities in which they are situated have become fixtures across the country providing an affordable, quality lifestyle to all segments of our population.  Over the years it has seen its ups and downs, but has been able to survive and even thrive through the difficult times.  The greatest hindrance and the greatest threat to the industry is not the economy, the homes or the communities, it is governmental interference and over regulation. 

The Manufactured Housing Communities of Arizona (MHCA) is a statewide association representing community owners in Arizona.  As state associations do, the MHCA has been very active and productive at the state level in combatting governmental interference with its burdensome regulations and obstacles.  At the state level most community owner associations have been able to not only monitor proposed local and statewide legislation, but interact with legislators to prevent onerous regulations that are detrimental to our industry.

The MHCA had joined a national association in hopes that we would get the same representation and effectiveness at a national level.  The national legislation and rule making over the last ten years has proven that we do not have that representation.  One only has to look at the passage of the Safe Act and the Dodd-Frank Act to see how devastating and onerous national legislation can be.  Other similar chattel groups (the RV industry) saw the proposals and their representation managed to have them exempted.  The national organization to which we belonged was apparently unaware of the legislation and its ramifications until after passage and it was already being implemented.  The rule making in the aftermath has been horrendous and little if anything has been done to stop the bleeding.  Recently, HUD has issued rules concerning the screening of prospective tenants for our communities.  Again, we find no one aware of what is happening, much less advocating on our behalf.  Installation requirements are being implemented that have no basis in common sense and the result will be additional burdens on community owners and added costs for homeowners.

Due to the lack of effective representation at a national level, the MHCA withdrew its membership from the national association to pursue other avenues of representation. We are not the only state association to do so.  The MHCA has been exploring other options; including hiring a lobbying firm that is prominent in Washington, D.C. 

MHCommunitiesOfAZNealTHaneyPresidentWhyTheyQuitManufacturedHousingInstituteMHIDailyBusinessNewsMHProNews737x214

In some cases, the state associations represent community owners only and in others there is a single association representing all aspects of the industry.  We need a national association to advocate on behalf of community owners.  It does not need to be an association with conferences to attend or one that requires numerous meetings and publications.  Such an association needs to be very narrowly focused on monitoring proposed legislation and rule making.  We need someone to advocate on behalf of the community owners.  This singular task needs to be done at the congressional level and in the departments that make policy affecting our industry.  Every community owner, and every association that is accepting membership dues from community owners, should be concerned with the lack of representation at the national level and should be involved in finding adequate representation.  If you are willing to be a part of the solution, please contact our association office.

Manufactured Housing Communities of Arizona
2158 N Gilbert Road, Ste. 116
Mesa AZ 85203
Phone: 480.345.4202, Toll free 800.351.3350

You may also email our Executive Director Susan Brenton at: sbrenton@azmhca.com.

Thank you for your consideration on how you can help shape the future of our industry.

Sincerely, 

Neal T Haney,
President


##

ManufacturedHousingCommunitiesofAZLogoIndustryVoicesDailyBusinessNewsMHProNews

A Tale of Broken Hitches

November 29th, 2017 No comments

If you have been in the industry for anytime at all, especially in the area transportation, you have had a hitch failure. It always comes as an inconvenience, but can cause major damage, and injury to other motorists.

Unfortunately, that isn’t where this story starts.

This one starts on a somber November morning when 26 families are told they would be forced to leave a park many had lived in for years.

Some cried, some were mad, some just stood in shock!

The main question, of course, was why?

The owner was a nice compassionate man who had owned the park for years. The park was over 95 percent occupied. I went to see him and investigate what was happening.

Could this all just be a misunderstanding?

The meeting between the owner and I was a solemn one. He stated that it was true.  He was closing the park, and making everyone move.

Normally this isn’t that major of a concern, but this is the third park in my area to close or be re-purposed in less than one year.

Many of their residents live below the poverty line, and are struggling to make ends meet.

Where are they to move to?

Their homes will not pass many park requirements, due to age, and they cannot trade up to a new home that would pass due to their financial position.

This leaves many home owners to simply throw up their hands and walk away.

I asked the park owner to sell. I didn’t want it, nor is it in my long-term plans, but it made better sense then closing.

He declined my offer. He stated that the major driving force in the closing was state and city regulators. The city had recently annexed the area, and TECQ also played their part.

When it was all said and done, the owner couldn’t complete with such force. 

So, I set out with the team to help as many as we could.

We are working with 6 families and have moved 2.

This is where we come to our broken hitch. Due to the age and condition of the homes, we require a hold harmless be signed by all parties.

ShawnFullerIntegrityHomesManufacturedHomeProfessionalDailyBusinessNewsMHProNews

We know that these homes can be moved, but must be moved cautiously.

Sure enough, I pulled the most difficult one, and less the 3 miles from its new home, the hitch and header plate failed.

That’s the bad. It gets worse. It happened in front of an affluent high school right after lunch. And within minutes, we had over 15 police officers from 4 different agencies on the scene.

A not so simple repair became almost impossible with the red tape created in a matter of minutes. Some may be asking, why go that way?

It was our only permitted route.

Needless to say, we were able to make the repairs, and get the home safely transported.

The damage? None. I never went over 35 mph the entire time I was moving the home. And due to the fact I was in a school zone I was traveling between 10-15 mph.

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To report a news tip, click the image above or send an email to iReportMHNewsTips@mhmsm.com – To help us spot your message in our volume of email, please put the words NEWS TIP in the subject line.

We were on site with the home before dark, and with a happy customer. She even argued with the officers that we had done nothing wrong. 

So here is my question to the industry.

What if? What if we get to a place where we don’t have a place to put our products because of overzealous regulators who run good small-and-large parks out of business?

We sit back, and say this can’t happen but it does everyday.

Also what happens when we take “affordable housing” out of our vocabulary, what are we? Just housing…like everybody else.

We need to be collectively active in protecting our industry. 

The two families that we were able to help had their homes installed before Thanksgiving, and I am wishing them a Merry Christmas. ##

ShawnRosaFullerIntegrityHomesTexasManufacturedHousingIndsutryVoicesManufacturedHomeProfessionalsMHProNewsBy Shawn Fuller,


MH Industry Professional, Texas

 

(Editor’s Note: Shawn’s story reminds me of Marty Lavin’s Back to the Cornfields, linked below, and stories too numerous to link. Comments or news tips on this or other industry relevant topics are invited at the link at the right.)

 

“Make MH Great Again” – Marty Lavin Exclusive

Now You Will Hear — the Rest of the Story

November 21st, 2017 No comments

JamesJimRAyotteCAEExecDirectorFloridaManufacturedHousingAssociationLogoIndustryVoicesBlogManufacturedHomeIndustryProfessionalNewsMHProNewsI have been a vocal critic of HUD’s Alternative Construction (AC) approval for carport-ready homes.  I don’t believe an AC approval for homes built with a host beam is warranted or that the AC approval process is the proper regulatory procedure.

I communicated my concerns to Pamela Danner, Administrator of the federal manufactured housing program in a face-to-face meeting.  I pointed out that there is no basis for requiring AC approval for homes designed carport-ready because HUD’s own Hurricane assessment data showed that no post-1994 constructed homes experienced more than exterior finish damage.  HUD’s assessment was consistent with the findings of the Florida Department of Highway Safety and Motor Vehicles (DMV) after four 2004 hurricanes (Charley, Frances, Ivan and Jeanne) and Hurricane Wilma in 2005.  The DMV evaluated 52,233 mobile and manufactured homes and concluded no post-1994 homes experienced significant damage.

I also discussed the negative economic impact that HUD’s new policy would have on the manufactured housing industry.  In Florida, carports are a big deal.  Most land-lease communities require carports and an estimated 4,500 new carports will be installed this year. The cost of HUD’s new carport inspection requirement will be significant – in excess of $2 million a year in Florida alone, not counting the additional costs that will be incurred by home producers for obtaining design approval and conducting pre-onsite inspections. This cost will be borne by the homeowner who is installing the carport and those home owners will receive little or no benefit.

While I was disappointed that the hurricane assessment data that I presented to Ms. Danner did not result in the withdrawal of the AC approval requirement for carport-ready homes, the story doesn’t end there.

Florida is different than most states in that carports are regulated by the Florida Building Commission.  A building permit is required to install a carport and 100 percent of carports are inspected by a local building inspector to ensure that they comply with the Florida Building Code.  After not being able to convince HUD to rescind its carport AC approval requirement, I raised the possibility of combining the HUD on-site inspection requirement with the local building permit process to achieve a more efficient and cost effective process for satisfying  HUD’s requirements.  Pamela Danner was receptive to exploring this option and she proactively reached out to the Florida SAA and the Florida Building Commission for additional information.  Over the past few months I have been working with HUD, the Florida SAA, and Florida building officials to address some technical and logistical concerns.  Progress is being made.

AsAssocExecutiveMyJobAssessSituationSeekBestPossibleOutcomeBasedOnFactsAsIKnowThem-ManufacturedHousingIndustryVoicesDailyBusinessNewsMHProNews

This graphic highlighting a quote by Jim Ayotte was created by MHProNews, and was not part of Ayotte’s submission. As an FYI, in journalism, spotlighting a quotation, and headlines, are often done by the editor or publisher.

While the solution I am working on is not the one I wanted, I learned a long time ago that regulators have broad discretionary authority to impose certain regulatory requirements. As an association executive, my job is to assess the situation and seek the best possible outcome based on the facts as I know them.  Eliminating duplicative onsite inspections for carports will save Florida manufactured home buyers over $2 million a year in unnecessary regulatory costs.   This will make manufactured housing more affordable and that cost savings may be the difference between purchasing a new manufactured home or not.

While I disagree with HUD’s policy on carport-ready home designs, I will continue to collaborate with Ms. Danner and HUD to achieve the best results for our members and the industry at large.

So, in the infamous words of Paul Harvey, “And now you know — the rest of the story.” ##

(Editor’s Notes: while not stated in Ayotte’s request to publish this op-ed, industry readers may note that this column pertains to an issue raised by another award-winning state association executive, Andy Gallagher.  Gallagher recently pointed to the research that Jim Ayotte did about HUD and items related to this column by FMHA’s executive.  More on how Gallagher is related to this issue raised by Ayotte, are linked here and here. For an exclusive on the Trump Administration’s reported plan for HUD’s Pam Danner, click here. The headline was requested by Ayotte, and the graphic above that highlights a quote, was created by MHProNews. We Provide, You Decide.”©)

JamesJimRAyotteCAEExecDirectorFloridaManufacturedHousingAssociationLogoIndustryVoicesBlogManufacturedHomeIndustryProfessionalNewsMHProNewsJames R. Ayotte, CAE
Executive Director
Florida Manufactured Housing Association
1284 Timberlane Road
Tallahassee, FL  32312

Award Winning Manufactured Home Retailer on FEMA Takeover, Impact on Independents

September 28th, 2017 No comments

Manufacturers down here were 4 to 6 weeks out before the storms.

Many of us can remember Katrina and tracking down houses that were abandoned at a truck stop or on the side of the highway, en route because the driver could make so much more money pulling for FEMA “right now.”

There is legitimate reason for concern.

If they commandeer a large portion of production/plants, all of us independents are going to feel that hit and, depending on your suppliers, that could be a BIG hit. ##

The scale of the loss in TX may lead to legally negating NIMBY as well. That would make the danger much greater for the independents. ##  (Editor’s Note: Crawford is responding to the reports about FEMA taking over production lines, and the potential impact on independent retailers, communities and producers.  See the most  report, linked here.) 

BobCrawfordDickMooreHousingPresidentFacebookIndustryVoicesManufacturedModularHousingProNewsBob Crawford
President
Dick Moore Housing

A Much Better Way for FEMA, Taxpayers, Says Manufactured Home Industry Professional

September 17th, 2017 No comments

I expect that all manufacturers, while agreeing with The Stafford Act, believe there is a much better way. Respect for the taxpayer certainly does not appear considered with many government purchases. 

To serve those affected by disaster, we should, but most believe we can:

Save the taxpayer money with an adjusted set of requirements, to build MHU units via the HUD code but omit the sprinkler system requirement and many other overreaching requirements. The savings are significant.

ControversiesErruptFEMAPressesHUDCodeBuildersManufacturedHomeRetailersIndustryProsReactMHProNews

These comments were shared in response to the story linked above, click for details. Off the record comments are a time-honored tradition in media, which we respect. Naturally, MHProNews routinely seeks to discern how valid (or not) a claim may be, and strives to publish only those that meets that discernment process standards. 

Save the taxpayer money by eliminating the need for storage yards through the ability to build with inventory manufacturers know they can procure and build almost immediately. The units could go immediately to FEMAs set disaster location and be immediately deployed. The savings could be significant.

Save the taxpayer money by disallowing MHU units to be pulled wherever, whenever and back again. With the ability to expedite production, this unnecessary transportation can go away. The savings could be significant

Save the taxpayer money through a warranty provision that is not punitive for minor cosmetics. Who cares? What family would be ungrateful for an MHU unit with A few blemishes? The savings to FEMA, would be significant. Manufacturers would not have to hedge.

Save the taxpayer money by streamlining the inspection processes, the IPIAs that are trusted to inspect/approve our industry’s homes that are bought by hardworking Americans with lenders respecting the loans should be able to inspect Temporary housing units. The savings would be significant.

Establish a requirement for care by the residents occupying the unit to protect it, just like any landlord might do. Design the floor plans for resale where the loss for purchase to liquidation is not so excessive.

There is much, much more that could be considered.

It is not FEMA’s money. It is the taxpayers. I believe our industry believes in a better way!

Please keep me off the record. Thanks.” ##

DefiningSICinJournalismDailyBusinessNewsMHProNews-com

iReportManufacturedHomeHousingIndustryMHProNewsTipsLogoGraphic(Editor’s Note: the above is from a respected veteran of the manufactured housing industry known by this publisher.  It came in response to the report linked here. Due to the sensitive nature of his role, he has requested anonymity, which we routinely honor.  The typos are in the original, and we opted not to use the SIC graphic where they occurred. There will be a follow up report on the Daily Business News on a related issue Monday morning, Sept 17, at about 3:04 PM ET. Other reports will follow. )

Harper – Thank You Rev Donald Tye, Fighting for Enhanced Preemption of Manufactured Homes

July 28th, 2017 No comments

Tony,
I’ve been meaning to take a moment for a couple of weeks now, to send you this message. I apologize for mixing subjects, but – in the end – I believe you’ll find that all these topics relate to one another.

1)    Thank you for your direct question to HUD’s Pam Danner about the City of Kilgore’s plans to further limit the placement of manufactured homes in that city.  I’ve repeatedly questioned why HUD and the administrator’s Office of Manufactured Housing Programs hasn’t acknowledged that preemption was significantly enhanced by the Manufactured Housing Improvement Act of 2000 (MHIA of 2000).

2)   Several of Rev. Donald Tye, Jr.’s comments which you published brought back memories of an MHI Land Use Conference held in Chicago in the late 90’s.  I remember a speaker at that event – a middle-aged black gentleman, who was (I believe) a member of the Illinois General Assembly.  He coined a term for the discrimination by local governments against many forms of affordable housing, particularly manufactured home placements.

That speaker called it “economic racism.”

EconomicRacismIlGenAssemblyRevDonTyeJr-JDHarperArkManufacturedHousingAssoc-IndustryVoicesMHProNews

Collage credit, MHProNews.com – this and the headline are provided by the publisher, as is customary with Op-Eds. The statements are those of the writer.

I’ve thought about the power in that statement many times since that meeting, knowing that he had lived-through the Civil Rights movement.

I’ve spent countless evenings in municipal buildings made of cinder-blocks with bad fluorescent lighting. I’d attend meetings, ‘waging a seemingly-endless war on ignorance’ about our affordable homes (and the people who live in our product) with local decision-makers over the past quarter-century.

So, I appreciate and agree with Rev. Tye’s powerful comments.

3)    In conclusion, I believe many in our society view manufactured housing as some sort of ‘housing of last resort’ for:

  • poor people,
  • illegal immigrants,
  • rednecks,
  • divorcees on public assistance and
  • other undesirable elements of the population.

It’s a stereotype/stigma perpetuated by the media which creates and/or re-enforces barriers to the acceptance, and highest use, of manufactured homes as an affordable housing resource.

I remember a small-town mayor telling me – ‘off the record’ of course – his perspective on inclusionary zoning in his city: “It ain’t the houses, son… It’s the people that live in them.” ##  (Publisher’s note: see the graphic, and link below on Rev. Donald Tye Jr.)

JDHarperExecutiveDirectorArkansasManufacturedHousingAssocPostedMHProNews

 

J.D. Harper
Executive Director
Arkansas Manufactured Housing Association (AMHA)
1123 South University – Suite #720
Little Rock, AR 72204

 

 

 

RevDonaldTyeJrQuotesManufacturedHousingIndustryDailyBusinessNewsMHProNews

Click the image above to see one of the articles and topics that these quotes from Tye come from.

 

 

A New Manufactured Home Community Brings Excitement

July 12th, 2017 No comments

How exciting it is that we are having a new community being built in Oklahoma!   We have existing communities that have expanded their communities, but it’s been over 30 years since a community of this scale has broken ground for a MHC in the state, let alone Oklahoma County.

CrystalPriceKOCOTV5NewsOKC-OK-manufacturedhousingIndustryDailyBusinessNewsMHProNews-575x315

Deanna Fields is Op-Ed is reacting in part to local news story, which has been covered by MHProNews at the linked here

Per the Oklahoma County Planning department, their permit will not be revoked. They have done everything the county has/is asking for.  The development will be built.

Even though a special use permit was granted in 1980’s, they have to comply with “today’s” requirements with setbacks & paved streets.  They will be hooked up to a Water District for their water/sewer. and they will be using a aerobic system for their greenbelt.

Plans for a community center, community shelter(s), fencing the perimeter are also projected.  This is going to be a fabulous community bringing forth an affordable lifestyle for hundreds of families!

Currently they are working on erosion control.

DeannaFieldsMHAOLinkedInIndustryVoicesMHProNews.

Deanna Fields, MHAO, credit, LinkedIn.

This development does come close to estate homes in the Edinborough Point Addition (west side) which is in the Edmond city limits.  This MH community is not in the Edmond city limits, which is considered a “bedroom community” a bedroom community suggests that residents sleep in these neighborhoods, but normally work elsewhere; also that there is little commercial or industrial activity beyond a small amount of retail, oriented toward serving the residents.   Edmond residents traditionally protest any large development that infringe on their “bedroom community” lifestyle.  Edmond residences recently protested having a huge upper end apartment complex with a green-belt, Wal-Mart Supercenter and a Warren Theater, all would of put forth “curb appeal”….but the residents said no and won.

There will be a barrier between the MHC development and the Addition.  On MHC east side boundary it is unincorporated land zoned  industrial…so I’m sure a strip mall of some type will probably go in there….or a huge gas station.    Yes, those that live in those estate homes are upset but there is NOTHING they can do about it….unless they want to buy out the developer…..which I doubt will happen….since approved MHC zoning is liquid gold and once they see this community being developed by local developers who care about their neighbors they should be good neighbors.   If not MHAO does have studies available showing existing homes next to a community does not depreciate their homes.  Our industry has studied ourselves extensively over the past several decades.   Plus, comps are already established  in the subdivision.

The only unpleasant problem the industry will see is the County staff are now currently going through their files finding unexpired permits…they have found several for parks.  MHAO will continue our working relations with the Oklahoma County Planner and monitor any proposed changes in their zoning.

MHAO-manufacturedHousingAssociationOfOklahomaDeanna Fields
MHAO Executive Director
6400 S. Shields Blvd., OKC, OK  73149
Email:  mhao@mhao.org
Website: www.mhao.org

 

Manufactured Home Communities – aka “Mobile Home Park” – Closures – Viewpoint by Marty Lavin

April 23rd, 2017 No comments

As with many things in life, the matter of park closings is highly complicated with few easy answers.

Probably the best answer is to allow the park residents the option to purchase the property. Not fool proof, but meets the burden of the failure of the park owner to allow residents to maintain the perpetual rental of space for their home, which is implicit in buying a home in the property.

When most (manufactured home community residents) buy a home in the property, rarely if ever is he handed a notice that the community could be closed on short notice, their only relief being whatever measure their state or city has for park closings. Most residents rarely consider park closings as a threat till the specter arrives.

On the other hand, in a capitalist nation we still behave in some areas as though the park owners have no legal responsibility to allow the residents to stay, and can sell the property to others at will, and empty the community with little hindrance or concern, again, subject to whatever relevant laws control the closing.

I have been surprised in areas where park closings are common that authorities do not compel a statement be given in writing as part of the move-in process alerting the new resident of the right of the park owner to sell or close the community and what compensation, if any, is available to the resident on closing.

MartyLavinJDMobileHomeParkManufacturedHomeCommunityClosuresMHProNews

Headlines and these graphic are provided by MHProNews, as is customary with many in media.

I’m also wondering, but not enough to research the subject, whether upon notice of closing, residents should get an attorney to plead their case that the park owner allowed them to have a home in the park, often encouraging their entry, knew or had reason to know most people would get a long term mortgage to purchase their home. Often at closure, many years mortgage term remain unpaid. It is here the lender gets the downside loss, and is not particularly beneficial for the home owner.

Remember, it is not unusual that when the home must be moved or resold because of a closing, the stars do not line up well for the home owner. First, the home must be moved, there as a cost of moving and the difficulty of finding a lot to accommodate the home. Quite a hand full, usually not ending well, unless the state laws give some protection to the resident. The process is pretty destructive of our financially fragile customer base.

Frankly, this mercenary park closing without adequate compensation for the resident is morally wrong if not legally. It does no credit to the industry that so much of this happens.

Meanwhile, I was amused that people are forming groups to try to save endangered parks to keep them open.

I wondered where these folks were in the 1970s when I was doing park development zoning in the north east.

At virtually every meeting, the facility used had to be upgraded to the school gym to handle all the attendees. All seem to me to be carrying tar and feathers and had mean looks in their eyes. How many parks could have been built to accommodate the demand had there been far less resistance? Who knows, but far more. And it continues even today.

I guess that train has passed, but the California boys being pretty bright, I’m sure they are still trying to build parks in less expensive land areas. How is that going? ##

(Editor’s Note: The commentary above is in response to the mainstream media article, linked here. Lavin is the winner of MHI’s Totaro Award for his lifetime contributions in financing, was a mobile and manufactured home retailer, as well as  an owner/operator of manufactured home communities.  Some of Lavin’s other insightful, popular commenataries are linked below.)

MartyLavinTotaroAwardFinanceAwardManufacturedHousingIndustryVoicesMHProNews

Photo from Mary Lavin, Esq.

MARTIN (Marty) LAVIN
Att’y, Consultant, Expert Witness
in Manufactured Housing.
350 Main Street
Burlington, VT 05401
802.238.7777

 

Recent, also by Marty Lavin:

http://www.MHProNews.com/blogs/industryvoices/not-enough-hunger/

MartyLavinJDExpertWitnessTataroAwardWinner-NotEnoughHunger-IndustryVoicesMHProNews--500x365

http://www.MHProNews.com/blogs/industryvoices/deja-vu-again-a-new-manufactured-housing-institute-mhi-initiative/