Removal Of Existing Homes From Parks Brings Huge Profits to Park Owners
Let’s be clear, the law does NOT require you to remove your mobile home, at time of sale, unless there are uncorrected health and safety violations, PERIOD. (Refer to the Senate Select Committee Answer Page 11, #8 of this VOICE) Yet parks continue to mislead residents by informing them they can not sell their home in place and must move it.. This SHAM is a billion dollar a year business. We must all work hard to STOP it!
Just one example is a letter written by Morningside Mobilehome Park in Modesto to park residents in May 2005: Dear Resident. In the event that you are planning on selling your mobilehome to a third party, in order to upgrade the quality of the park, the owner of this mobilehome community is requiring that your mobilehome be removed from the park.
The letter goes on to quote parts of 798.73, stating “the owner of the park, can require a health and safety code inspection to be performed by the appropriate governmental agency (HCD).
Let’s be clear. This is what the law actually says:
798.73(d) ….The management shall use reasonable discretion in determining the general condition of the mobilehome… The management shall bear the burden of demonstrating that the mobilehome is in significantly rundown condition or in disrepair.
798.5(b) ..The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management require to the mobilehome…no later than 10 business days following the receipt of a request for this information. This summary shall include specific references to park rules and regulations, local ordinances and state statutes…upon which re request for repair or improvement is based.
798.5(c)…these provisions specifically limit repairs and improvements that can be required ..by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of residency.
Several Morningside MHP residents contacted an attorney who represents mobilehome residents. Important points from his letter are as follows:
- The law make it clear that the park owner’s ability to require any home to be removed from the park must be determined on a case-by-case basis, and usually only after health and safety inspection has been performed. Yet your letter begins with the statement that all mobile homes must be removed from the park on resale. (I am informed that all residents of the park received this letter).
- Managements letter shows intent to willfully violate the MRL.
- Attorneys’ clients intend to resist any attempt by the park owner to steal their equity or make their homes unsaleable. If necessary, we shall consider suing the park and obtaining an injunction to ensure that the park follows the law.
- Any prospective purchaser who is denied consideration and any “in place” sales transaction which is interfered with shall subject the park to damages in an amount equal to the lost purchase price of the home.
- There is damage occurring even now. Attorneys’ clients are required by law to disclose your letters to any prospective purchase. This amounts to a “chilling effect” upon their ability to sell.
So what does this all mean?
- The BURDEN is on the park to demonstrate a home is in disrepair or has health and safety violations.
- The homeowner CAN obtain an inspection and a report detailing any health and safety violations.
- The homeowner has 30 days to correct any violations.
- Some parks mislead residents with letters like the one from Morningstar MHP saying they are upgrading the park and you have to remove your mobilehome.
- In such cases, parks are in willful violation of the MRL.
- In such cases, parks are attempting to steal the equity in our homes or make them unsaleable.
- When there is interference, we are damaged.