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Posts Tagged ‘www.MHMarketingSalesManagement.com’

A Texan’s MH Industry Call to Action

April 8th, 2015 No comments

As they say on television, “we now interrupt your regularly scheduled program to bring you late breaking news.” In this case we shift from our primary focus on the Texas Legislative Session to news coming out of our nation’s Capital.

The government affairs team and leadership of MHI has informed TMHA that H.R. 650 is expected to come to the House floor next Tuesday, April 14, for a vote. Following my comments is the call to action from MHI’s chairman on this critical piece of legislation.

Let me quickly update everyone on what has recently occurred in D.C. On March 25 H.R. 650 was voted out of the House Financial Services Committee by a vote of 43-15. Notably of the 43 votes in favor of the bill, 10 were from Democrats further demonstrating this bill’s bi-partisan support.

We were thrilled to see Texas Congressman Williams, Marchant and Hinojosa all add their names as co-sponsors to the bill. Additionally, subcommittee chairman Rep. Naugerbuer and chairman Hensarling, both also from Texas, spoke during the committee hearing voicing strong support for H.R. 650.

So far so good, but then late last week an article was published that was clearly intended to cast harmful aspersions on specific companies in our industry. This effort was a joint project of The Seattle Times and the Center for Public Integrity. One could conclude by the timing of this article following the successful passage of H.R. 650 from committee, but before it is brought to the full House floor for a vote is, shall we say, less than coincidental.

Welcome to the NFL.

Like hand-to-hand combat…no one ever said passing federal legislation is easy, nor is it for the faint of heart.

This is why we are passing on Nathan Smith’s/MHI’s call to action between now and next Tuesday. We need to make sure we contact as many of our congressional leaders in the House to voice our support for H.R. 650.

For this legislation to become law it has to pass the House and Senate, and then not be vetoed by the President. Passing the House is a critical leg of this three legged stool we must construct.

What’s at stake in this legislation?

Would you like to once again be able to assist your customers through the buying process?

Do you think it will benefit MH home owners – and thus referrals from those home owners – for them to be able to get access more financing on homes under 20K or 25K?  Then ask for support for this bill.

Would you like to actually tell customers which lenders will even consider their credit application rather than pointing them to a lender list and when they ask for help have to shrug your shoulders and leave your customer adrift to figure it all out on their own?

Would you like to see lenders re-enter the lending space for homes under $25,000?

Would you like to be able to assist customers to navigate the lending application process, especially those customers who may need assistance from a bi-lingual salesperson or retailer?

Would you like to conduct your retail selling operations focused on best serving your customers and not be in constant worry that you or your salesperson might have slipped up ever so slightly and crossed over some unclear line during the course of a conversation that can leave you exposed to liability for years?

I’d ask you to think about these questions when you are deciding if you want to spend your valuable time contacting your congressman and encouraging others you know in the industry to contact theirs.

The clock is ticking.

We need to all come together as a unified and strong industry to voice our support for H.R. 650. Our opposition is fiercely attacking this bill and our industry by working against us in D.C., leveraging media plays, and we anticipate attempting to file damaging amendments on the floor intended to splinter support and neuter the needed changes in the bill.

This is a critical time. Thank you. ##

dj-pendleton-mhpronews-com-executive-director-texas-manufactured-housing-association-DJ Pendleton
Executive Director, TMHA

 

Published with Permission. The message referenced from Nathan Smith is linked here.

 

 

Not Panicking, even when in Deep Trouble

February 18th, 2014 No comments

Tony,

I just bought a single section home, 20' x 72', three levels.

SpySea-TransomML&amp_PL 001.JPGBut it is not an MH, it's a motor yacht, the Spy Sea. We live on it in Miami Beach during the winter. As I found out recently, the most simple acts in life can have life-altering consequences. Careful! The below episode is one such occurrence.

I think I had two closings Feb 13th. First on the 72' Tecnomarine Italia Pilot House Motor Yacht, Spy Sea, and almost closed on my life. We closed the purchase of the boat in the early afternoon and my wife Pat and I went to be on the boat.

Around 6 pm, Pat had gone to the car to bring our dog over. It was very rough at Sunset Harbor Marina in Miami Beach where the boat was berthed, almost gale force winds blowing. The boat was really moving around, being pushed away from the dock. After following Pat, in trying to get back onto the boat, all I remember is starting to take a very long step from the concrete dock to the boat's swim platform, then next, being in the water, at the transom with my head above the water, not how I got there.

I don't remember hitting the water or going under, which I must have, or anything else about the fall.

I could swim, but was struggling, bogged down by wet sweat pants and shirt, and had taken several bad hits to my legs, my shoulder, and worse, had very badly banged my head, temple and ear. There was no way to get out of the water, no ladders and the boat's transom was high above my reach. I was alone and in trouble. No one was around or saw me fall.

I was struggling holding on to the trim tabs on the transom waiting for Pat's return, as there is no dock ladder there to get out of the water.

Finally, after several minutes, Pat returned to find me in the water, far below her. She quickly beckoned a passing lady who threw me a rope. The rope was behind a locked gate and Pat couldn't get to it. 

I grabbed the rope and the lady steered me towards the boat next over. The captain of that boat finally lowered his hydraulic swim platform to water level so I could get on. I was bleeding pretty badly from a chopped up ear and head bang. I was so wozzy I could barely stand.

I have no recollection of what happened that sent me into the water, but know I was taking a very long step to the swim platform from the dock and didn't make it. My front foot must have slipped on the side of the swim platform, and I must have tumbled in to the water. Then I hit my head and body against something hard, probably the concrete wall behind me or swim platform (less likely).

Why I didn't get knocked out and go under, I do not know. Had that happened, no one would have known what happened to me, as no one saw me fall. Pat would have assumed I was off visiting. Geezuz!

Only the gods saved me to be with my wife on our new boat.

Its the little unexpected occurrences that happen in life that can be big life changers. I dodged a bullet. Just wasn't my time yet, but it was close. Can I take any solace? I never panicked though I knew I was potentially in deep trouble. ##

marty-lavin-posted-on-mhpronewsMARTIN V. (“Marty”) LAVIN
attorney, consultant & expert witness
350 Main Street Suite 100
BURLINGTON, VERMONT 05401-3413
802-660-8888 off / 802-238-7777 cell
marty@martylavin.com

Nov. 2013-May 2014 Address
C/O Bill Bird Haulover Marina
10800 Collins Avenue
Miami Beach, FL 33154

Community Owners! MHC Lessons Learned

January 8th, 2014 No comments

Join your peers in the MHC world for an exciting hour to learn real life proven methods of how to improve your land lease communities Bottom Line Performance! Get tips from seasoned professionals who have profited in large, medium and small Manufactured Home Community (MHC) operations.

This is a program you will not want to miss.

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The panel discussion will be moderated by Ross Kinzler, Executive Director of the Wisconsin Housing Alliance. Ross has over 25 years of experience in the Manufactured Housing Industry. He has been active at both the national and state levels. He is a founding member and past Chairman of the Manufactured Housing Educational Institute. Ross currently serves on the Executive Committee and Board of the RV/MH Hall of Fame. In addition, Ross has taken on many leadership roles industry wide and has served on numerous boards and committees dealing with issues facing MH communities.

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Among those in our three person panel is Tammy Fonk, an Associate with the CBRE MH/RV National Group. Tammy was born and raised in the MH industry with two family owned communities. She operated the family owned company's sales and marketing business as well as having an active role in day to day community operations and resident relations. As a member of the MHRV Team, Tammy now works closely with public and private investors on building business relations and opportunities to enhance the Manufactured Housing Industry as well as the RV Resort and Marina properties in North America. Tammy works with owners and buyers of small, medium and larger communities in addition to representing large portfolio owners.

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The panel also includes Don Westphal President of Don C. Westphal & Associates. Don has over 40 years of experience of working in; community conceptual planning, master site design and landscape architectural design for land lease communities. Don has represented developers and owners of communities from concept plan approval all the way through final construction. He also works with owners on Community Imaging and on Marketing Plans for communities. The communities have ranged in size from a small number of home sites to those with over 500 sites. Don was featured in this interview, A Cup of Coffee with…Don Westphal.

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The third panel member is Richard (Rick) Rand, President of Great Value Homes, Inc. Rick has over 33 years of experience in the manufactured housing industry. GVH is an acquisition, development and property management firm specializing in multiple aspects of the Manufactured Housing Industry. The Company currently operates 6 Manufactured Housing Communities and is also a distributor of Manufactured Homes sold in the communities.

In addition, GVH acts as a broker for the resale of existing manufactured homes for residents who reside in the land lease communities the Company manages. Richard also acts as a consultant to institutional investment and private firms on various aspects of the Manufactured Home Industry.

Rick was founder and President of Asset Development Group, Inc. and its affiliate, Home Source One, LLC. From 1984 time until his departure in 2004, he grew the company to the 25th largest owner of manufactured housing communities in the country. During his tenure at Asset Development Group, Inc. Rick managed all aspects of the enterprise. He was responsible for all of the Company's property acquisitions and requisite financing. From the Company's inception, he oversaw the staffing and training of the ADG/HSO employees and management team. In addition, Rick was responsible for the planning and development of over 2,500 new manufactured homes sites that were both additions to existing communities and new green field development.

Rick is featured in this exclusive interview, A Cup of Coffee with…Rick Rand.

The Louisville Seminars are one of the most popular draws for attendees to the show.

business-building-seminars-credit-manufactured-housing-pro-news-posted-louisivlle-show-com-.jpg

Come Join us at the 2014 Louisville Manufactured Housing Show! The Show was the best attended event in all of Manufactured Housing in 2013. Most industry members can attend free, learn more at the link above, and learn more about the other valuable seminars available for industry members at this link. ##

rick-rand-great-value-homes-manufactured-home-pro-news-industry-voices-guest-blog-.pngRichard J. Rand
President
Great Value Homes, Inc.
9458 N. Fairway Drive
Milwaukee, WI 53217-1321
414-352-3855
414-352-3631 (fax)
414-870-9000 (cell)
RickRand@gvhinc.net

Lisa Tyler – at Walden University – Request for Correction Addressed to Princeton’s WordNet

April 12th, 2013 No comments

Dear Esteemed Princeton Wordnet representative-

 Princeton University is one of the leading educational systems in the country.  The school's reputation reflects the highest levels of academic excellence, prestige, accuracy, and leadership.  Articles written by Princeton educated authors are viewed as the ultimate authority on a variety of topics. In light of the level of confidence placed in Princeton affiliated publications, there is a growing concern in the manufactured housing industry on the Wordnet definition of “manufactured home.”

According to the Google search engine result that cites wordnetweb.princeton.edu/perl/webwn as the defining source, a manufactured home is “mobile home: a large house trailer that can be connected to utilities and can be parked in one place and used as permanent housing..

Obvious problems exist with this very outdated definition.

It may seem like a cultural vernacular that impacts a small percentage of the population. However, approximately 23 million Americans live in manufactured housing (Wilson, 2012). According to the 2007 American Housing Survey, approximately 8.7 million (6.8%) of the 128 million housing units were manufactured homes (Zhou, 2009). The 2011 American Housing Survey reflects the increase to approximately 9.05 million manufactured housing units.

Comprising the second largest percentage of all housing units in the United States (McCarty, 2010), manufactured housing has been a vital source of affordable housing (Wilson, 2012) and are typical of rural areas (Aman & Yarnal, 2010; Tighe, 2013). Housing experts recognize manufactured housing as the predominant source of unsubsidized, affordable housing for rural homeowners and tenants (Tighe, 2013). Not only does the misnomer influence inaccurate perceptions of the product, it can contribute to the marginalization of a significant population.

There are many peer reviewed works that include definitions available that could be used in place of Wordnet’s outdated version. Following are some examples that you may find useful:

  • Manufactured home: Housing structures produced in factories, then transported to site, and installed on designated lands (Zhou, 2009). Manufactured homes must be constructed to the standards of a uniform nationwide building code known as the HUD code (Dawkins & Koebel, 2010).
  • Mobile home: Slang word for manufactured home. Derived from the original classification of mobile homes as vehicles requiring registration with the Department of Motor Vehicles (Kusenbach, 2009). Prevailing term changed to “manufactured home” in 1981 (Wilson, 2012)

Manufactured homes construction occurs in a factory setting, transported to a dealership in another location to be sold, and eventually placed on site at a third location (Dawkins & Koebel, 2010). The manufactured housing construction process uses similar techniques, materials, and equipment as traditional site homebuilding (Nahmens & Ikuma, 2009). The main differences in the construction processes are location of construction and resources used. Manufactured housing construction takes place on an assembly line in a controlled environment (Nahmens & Ikuma, 2009) while exposure to natural elements determines site built home construction processes. Industrialized construction uses construction crews dedicated to specific processes on the assembly line (Nahmens & Ikuma, 2009), whereas independent contractors complete site built home construction processes at different times.

I hope that enough peer reviewed information has been provided to justify changing Wordnet’s definition of manufactured home. Princeton University and its affiliates greatly influence consumer perceptions of products. The recent economic crisis has resulted in housing changes for many Americans. The need for high quality and affordable housing is a pressing issue that must be resolved. The term “trailer house” was replaced with “mobile home” in the 1950’s (Burkhart, 2010; Wilson, 2012). The 1981 HUD code revision included the adoption of “manufactured home” as the prevailing term (Wilson, 2012). Thirty two years later, Wordnet is still referring to the product using terms such as “trailer house” and “mobile home.”

I respectfully request that the definition be updated to reflect the government and industry recognized term that properly represents the product. In the event that you need further proof to justify requested changes, I have provided a reference list of peer reviewed sources used in this letter.

Lisa TylerSincerely,
Lisa Tyler, DBA (ABD), MBA

References

Aman, D., & Yarnal, B. (2010). Home sweet mobile home? Benefits and challenges of mobile home ownership in rural Pennsylvania.Applied Geography30(1), 84–95. doi:10.10.1016/j.apgeog.2009.09.001

Burkhart, A. (2010, February 5). Bringing manufactured housing into the real estate finance system. Pepperdine Law Review, Forthcoming; Minnesota Legal Studies Research Paper No. 10-06. Retrieved from http://ssrn.com/abstract=1548441

Dawkins, C., & Koebel, C. (2010). Overcoming barriers to placing manufactured housing in metropolitan communities. Journal of the American Planning Association76(1), 73–89. doi:10.1080/01944360903401052

Kusenbach, M. (2009). Salvaging decency: Mobile home residents’ strategies of managing the stigma of “trailer” living. Qualitative Sociology32(4), 399–428. doi:10.1007/s11133-009-9139-z

McCarty, W. (2010). Trailers and trouble? An examination of crime in mobile home communities. Cityscape: A Journal of Policy Development and Research12(2), 127. Retrieved from https://atoz-ebsco-com.ezp.waldenulibrary.org/Customization/Tab/12486?tabId=5371

Nahmens, I., & Ikuma, L. (2009). An empirical examination of the relationship between lean construction and safety in the industrialized housing industry. Lean Construction Journal, 1–12. Retrieved from www.leanconstructionjournal.org

Tighe, J. R. (2013). Responding to the foreclosure crisis in Appalachia: A policy review and survey of housing counselors. Housing Policy Debate23(1), 111–143. doi:10.1080/10511482.2012.751931

Wilson, B. (2012). An examination of electricity consumption patterns in manufactured housing units. Housing Policy Debate22(3), 175–199. doi:10.1080/10511482.2011.648204

Zhou, Y. (2009). Two essays on American housing markets: The determinants of housing value volatility and the ownership decision for manufactured housing (Ph.D dissertation). Ohio State University, Ohio, United States. Retrieved from http://etd.ohiolink.edu/view.cgi/Zhou%20Yu.pdf?osu1243886980

Georgia Manufactured Housing Association’s Executive Director Sounds off on Princeton WordNet’s “Definition” of Manufactured Homes

April 12th, 2013 No comments

(Editor's Note: As with the MH Retailer's letteror the MHC Community manager's letters, linked as shown, this letter below was sent to Princeton's WordNet in response to their flawed definition of manufactured homes as found online and reported in this blog post.)

Princeton WordNet

Good Afternoon,
I have always appreciated the consistency and accuracy of www.wordnet.com but recently I read an industry article concerning your definition of Manufactured Housing. A recent industry article informed me that your definition of "Manufactured Home" is as follows:  "Mobile home: a large house trailer that can be connected to utilities and can be parked in one place and used as permanent housing."

I would certainly like to think someone with the IQ, life experiences, and test scores required to be accepted as a student at Princeton or to gain employment on the prestigious Princeton Faculty could certainly come up with a more comprehensive term for Factory Built Housing or Manufactured Housing. As a matter of fact, I am 100% convinced people of your intelligence can certainly challenge themselves to a higher level of vocabulary development than what you have demonstrated thus far. People like me that have committed their entire adult lives to the success of this industry would be so appreciative.

I will leave you with a few facts. In Georgia where I am located 43% of our residents live in Manufactured Housing. All of our homes are built to the Federal HUD Code, the International Building Code (IBC) or the International Residential Code (IRC). The latter two codes are accepted worldwide. Over 70% of our homes are installed on a permanent foundation and never moved again for the life of the homes. The National Home Builders Association recognizes that our housing has recently been rated by an independent engineering and architectural firm as having an average lifespan of 53 years. That we build homes on a daily basis that exceed 2500 square feet.

Thank you for your consideration,

Jay HamiltonC. Jay Hamilton
Executive Director
Georgia Manufactured Housing Association
199 East Main Street
Forsyth, Georgia 31029
Phone 478-994-0006
Cell 478 394 5114

(Editor's Note: The email address for the WordNet team is: wordnet@princeton.edu please take a few moments and email them, asking them to update their definition of manufactured housing. You can use the example above, the one by Retailer Jody Anderson or by Community Manager James Cook, all of which bring a flavor and punch not found in the original sent by Tony Kovach linked here. Whatever you do, email  wordnet@princeton.edu something you like, to encourage they update their outdated and flawed “definition.“

Poverty of the Modular Home Builder

September 4th, 2012 No comments

gary-fleisher-modular-home-coach-posted-mhpronews.com-industry-voices-manufactured-home-marketing-sales-management- (1)When we think of poverty, we think homelessness, food banks and welfare.

Chronic poverty was once compared to catching a grasshopper in a jar when we were kids.The jar had a lid with holes poked in it.For a while the grasshopper jumped up and kept hitting his head against the lid.Then he would only jump high enough to try to cling to the glass and finally he would just stay on the bottom of the jar and gave up all hope of getting out.

A lot of modular home builders feel that way about selling homes in this tough market.They have been trying to get out of that jar since the housing crisis hit and now that the lid has been removed they simply don’t have the strength or the knowledge to jump back into profitability.

Poverty by definition is a“deficiency in amount.”Modular home builders sure fit the criteria.So what are these deficiencies that face modular builders?

Marketing poverty.This is a problem because most builders have neither the resources nor the training to mount an effective marketing program.Modular home factories sales reps have not been taught how to help builders get the message out to the home buying public and the factories themselves don’t market their product.A page on Facebook and a good website are just the tip of the iceberg.What is needed to fight the poverty of marketing is someone; either a modular factory group or an individual; to step up and begin developing individual marketing plans for modular home builders.

Knowledge poverty.How many builders effectively communicate the advantages offered by a home buyer choosing a modular home?Surprisingly few!Many builders have limited knowledge of the green, sustainable or energy conservation methods used by the modular housing industry.The sales reps are supposed to be knowledgeable about these things but they are also facing the same poverty of knowledge.This is an area that needs to be given special attention by the factory.There are only a handful of factories that hold builder meetings or offer training directly associated with these topics.Take a look at your jobsite… do you have a sign on it with all your contact info and your website and email address?

Language poverty.There are thousands of books and articles written about how to sell new homes, get referrals and retain customers.What is missing from most of these articles is that an average new home builder only uses 400-600 words when they try to sell their homes.The builder has become very succinct in the selling phase of the process. They have developed canned speeches that are used in just about every sales presentation.Unfortunately, buyers have been reading everything they can about new building techniques, architecture and sustainability and want a longer, more in-depth conversations with the builder.The solution is easy.Read a book a week and an article a day about the building industry.Learn the language of the buyer.

Financing poverty.This is first year of fairly decent new home sales since the housing crisis started and a majority of modular home builders are still not part of their buyer’s mortgage adventure.Builders still think that after they give the buyer their house quote, the buyer is somehow inherently knowledgeable enough to go forth and acquire one. Fat chance! Builders not only have to know how to build a modular home, they have to become a partner with the buyer throughout the mortgage process. In order to do that, a builder must learn what the buyer will be going through when they apply and help them over the pitfalls and speed bumps imposed on buyers today. This is as easy as sitting down with a couple of lenders and asking what they need from the builder and how best to help the buyer. How many builders still view the lender as a necessary evil instead of a necessary partner?

Stop being the grasshopper on the bottom of the jar and begin taking marketing seriously.Then learn what your factory is doing to improve the buyer’s lifestyle and actually talk to them as an expert in modular housing.Then work with the buyer and their lender closely to make the buyer’s dream into a reality which will keep you and your family out of real poverty.

gary-fleisher-modular-home-coach-posted-mhpronews.com-industry-voices-manufactured-home-marketing-sales-management- (1)Post submitted by
Gary Fleisher
Modular Home Coach

modcoach@gmail.com

Intolerant Tolerance

August 3rd, 2012 2 comments

Michael Barnabas posted in MHProNewsby Michael Barnabas

For the purposes of this column, it shouldn't matter if you are a Democrat, Republican or Independent. It shouldn't matter what your nationality, race, religion or sexual orientation happens to be. There are a number of trends in our land that should concern business owners, executives and professionals – including the 250.000 or so professionals involved in manufactured housing – that could bite you or others one day. We might call this trend, intolerant tolerance. We have potentially profitable lessons to learn from this, but there are concerns that must be understood and dealt with to avoid negative, sudden impact.

Unless you've been on vacation off the planet, you have likely heard about the controversy that has erupted when mayors in Chicago, Boston and other public officials have come out strongly against the expansion of Chick-fil-A in their respective areas. For example, the Chicago Sun-Times reports, Mayor Rahm Emanuel said that Chick fil A's values were not "Chicago values." He therefor wants to block a new job-creating location that the chain has in mind to open there.

Chick-fil-A's Facebook page says, "The Chick-fil-A culture and service tradition in our restaurants is to treat every person with honor, dignity and respect – regardless of their belief, race, creed, sexual orientation or gender."

Is there anything missing in that statement worth troubling ourselves over?

So why should that company be targeted by those who happen to hold a different personal viewpoint? Are we approaching a point where if your beliefs – or mine – don't happen to be the same as those of a local, state or national official, that we better fall in line, or else face threats against our business or profession?

Objectively – and sadly – one must answer this question today with a 'yes.' Which is precisely why we as business professionals need to take action at the polls and in jury boxes when called upon and in sounding off via letters to the editor and with public officials.

You don't have to be an expert in European history, or of Hebrew descent, or in one of these other groups to ponder the importance of the following:

First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.

Then they came for the Catholics,
and I didn't speak out because I wasn't a Catholic.

Then they came for me
and there was no one left to speak out for me.

This was originally attributed to German Protestant Pastor, Martin Niemöller (1892–1984).

Dan Cathy, the president of Chick-fil-A – whose views are the ones in question – is, to my knowledge, a Southern Baptist. So it was noteworthy when this public response came out on July 29, 2012 about the controversy:

Recent comments by those who administer our city seem to assume that the city government can decide for everyone what are the “values” that must be held by citizens of Chicago. I was born and raised here, and my understanding of being a Chicagoan never included submitting my value system to the government for approval…”

– Francis Cardinal George, OMI, Archbishop of Chicago.

Good for him.

What we are witnessing is a series of over-reaches by local, state and federal government. This isn't new, but it has reached a pitch in the last few years that is unprecedented in America for at least two generations.

The entire purpose of the American Constitution and our system of limited government is to protect citizen's from over-reaches by others who may wish to misuse the power of government to oppress others.

Thus the point by community owner –Jefferson Lilly– made in his recent Industry Voices column are spot on in importance, because his issue and this one both come back to this simple point about limited governmental powers under the Constitution.

Making many issues facing businesses – and manufactured housing – SIMPLE

We don't elect kings and queens in the United States. We don't elect dictators, benevolent or otherwise.

We elect officials who take an oath of office that calls upon them to abide by the strict limits of their office's powers. When government officials, elected or otherwise, go beyond their limited authority, the result is that someone's rights are being trampled.

This ought to be junior high school civics 101, but sadly, this is often not properly emphasized in too many schools. It is under-reported by too many in the media, because those reporting often have their own agendas. So many citizens learn about this much later in life; if at all.

The first question that should come to any U.S. Citizen's mind when government over-reach seems to be taking place ought to be: is this law or regulation constitutional?

The Bill of Rights was added to the Constitution as the first 10 Amendments.

Per Wikipedia, the First 10 Amendments to the federal Constitution are as follows:

1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

3. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The reality is that we have drifted far from these Constitutional limitations. This has taken place to the advantage of a few and the peril of virtually all of us.

The Payoff for Standing Up for what is Right

What the long term consequences and outcomes of the Chick-fil-A controversy will end up being, no one can yet say. But what we do know is that in many cities across America, customers are lining up at their restaurants as a sign of support, as this photo from the Huffington Post demonstrates.

When driving past a Chick-fil-A location yesterday after the lunch rush, I couldn't help but notice a packed parking lot. CNN columnist Tim Stanley wrote: “…the sheer number of people involved in the Chick-fil-A Appreciation Day suggests that turnout will matter in November.”

There is a political reaction taking place. This is something that not only ought to be happening, but is something manufactured housing professionals ought to tap into in our own struggles with regulators and public officials.

Applying this to Manufactured Housing

Might we – with the right foundation and approaches – benefit from the over-reaches of government, as Chick-fil-A seems to be gaining from the over-reaches of Big Brother minded public officials?

There has certainly been a call by some state associations and MHI to involve manufactured home owners in our issues. The MHLivingNews website is in the ideal a concept in that mold. What impacts us, on matters such as Dodd-Frank, impacts manufactured home owners too, as Ronnie Richards compelling article points out.

There is something that must not be missed here in why Chick-fil-A seems to be benefiting from this attack on their liberties. The obviously have loyal customers. Manufactured housing does too. What we must do is intelleigently tap those manufactured home owners in positive fashion, to line up there interests along with ours. We must care for them, as true professionals do, so they in turn will care for us. This is part of the dynamic working well for Chick-fil-A.The article linked here describes a Texas bank that will challenge the constitutionality of Dodd-Frank. We need to take every possible step at limiting the impact of that ill-conceived law, which has reportedly already resulted in most banks abandoning free checking to help cover the costs of this bill.

Public officials have to learn to live within their means, just as we do. Public officials must be reminded of the limits of their authority. Spending and regulations have to be reigned in, or else this slope we are on only gets steeper and more slippery.

Intolerant Tolerance must be ended.Tolerance should mean standing in solidarity and protecting each other's rights.

True tolerance and equality ought to mean that all citizen's have the same basic rights, duties and responsibilities. It doesn't mean sharing the wealth of others under the guise of 'fairness;' which would be a form of legalized theft. It doesn't mean equal outcomes.

Tolerance ought to mean mutual respect. It ought to mean you can practices your beliefs – or lack of beliefs – without the fear of having those beliefs imposed upon you by the force of government.

What Chicago and Boston's mayors, among others, threaten is political correctness on steroids. If you don't fit their 'values' your business could suffer. This type of discrimination is not new to manufactured housing. By learning the lessons of this episode, we could tap into the same dynamics that are playing out well at present for Chick-fil-A.

Part of the lesson is that we too should stand up for those whose rights are also threanted. As Martin Niemöller's verses above remind us, if we don't stand up for the rights of others, some day it may be our rights which are threatened. ##

By Michael Barnabas

(Editor's Note:Since Michael Barnabas' column on Getting Zuckered was published, their stock's value has dropped by over 50% from their high.)

The Customer from Hell

July 2nd, 2012 No comments

Every new home builder – whether you are a modular home builder, manufactured home retailer, community, developer, a stick builder or other kinds of pre-fab builder – has had one or more “customer from hell.”  Once you’ve signed the contract and the house is in process there’s little that can be done with one of these buyers except consulting a lawyer who will probably tell you to complete the contract you signed and forget them after your warranty period.

Easier said than done!

 

customer-from-hell-from-modular-home-coach

 

 

 

 

So how do you avoid these people in the first place?  It’s not as hard as you would think. They usually fall into certain categories.  The biggest problem you will have is turning one of these down if you’ve got nothing on your plate and you’ve got to get some work. 

Here are the types of new home buyers to avoid:

  • I need another quote:  This prospective home buyer wants you to draw floorplan after floorplan and quote everything.  You will never quite get it right but eventually they will give you the OK and sign a contract only to be your worse nightmare during construction because you “just don’t understand what we want.”
  • Selective hearing:  Having this type for a client is bad; very bad.  During the quoting phase, they only wanted you to lowball the price.  You got the contract but now they want changes that they say you said were included.  You didn’t but that doesn’t matter now.
  • The legal eagle: The threats are real.  Anything you do seems to provide a reason for your buyer to contact their lawyer.  Instead of talking to you about a problem they go to their lawyer first.  Now you have the customer from hell and the lawyer he rode in on.
  • I’m unavailable:  Have you ever had the client that can’t be reached when there is a decision to be made?  You call, you get voice mail.  You email, it goes unanswered.  Your texts are ignored and just when you are about to give up, they call wanting to know what the delay is.  Where’s the rifle?
  • Micro-manager:  We’ve all had this client.  I once had a buyer move a travel trailer onto the building lot and lived there while we built his house.  He was under foot and a master of questioning everything.  My subs hated him, my workers hated him and eventually I didn’t even want to go to the job site. 
  • Gossiping Guy:  This guy will speak sweet nothings to you when you’re face to face but will talk to all your subs and employees trying to get some dirt about you that they can gossip about to anyone that will listen.  You usually don’t find out about this until the house is almost finished and someone says something to you about it.  95% of the time, the gossip is false but the damage is done.
  • The bargain hunter:  Hopefully you will not sign a contract with this buyer until you call their bluff.  No matter what price you quote for the house, they claim to know someone who can build it for less.  The best response to this bluff is, “This is a fair price.  If you can get your house built cheaper, go for it.”  It is better to lose them before the contract is signed.
  • Never-happy guy:  Occasionally you’ll run into buyers who aren’t happy no matter what you do.  Changing their attitude can be difficult – sometimes impossible.  As long as you do what is in the contract, your conscience should be clear.  Their never-happy attitude could stem from a variety of things: maybe their very busy or afraid of being scammed by you or their simply shy.  Do your best and treat them with respect – the rest is up to them.

All of the above could be signals that you have a customer from hell. Spare yourself perdition's flames, and just say no on the front end! Do it before the deal is signed, so hellfire and brimstone don't come your way. ##

Gary Fleisher 
modcoach@gmail.com
http://www.ModularHomeCoach.com