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Due Diligence for a Mobile Home Park Purchase (Part 1)

There is a story that an investor bought a mobile home park on Ebay, the popular online auction site. It is unclear how proper due diligence can be done when acquiring a park in that manner. There are a lot of moving parts to acquiring and operating a mobile home park.

Warehouse Liens and the Manufactured Housing Industry (Part 2)

As noted in part 1 of this article from the May 2015 issue there are usually at least two types of liens. Both of these lien types are "enforced" - or collected in a similar fashion. For a warehouse lien, the park can begin to enforce the warehouse lien when the former tenant vacates or an unlawful detainer (eviction) judgment has been entered against the former tenant. For a warehouseman's lien, the park may enforce upon expiration of the required notice to all other persons or entities that may have an interest in the property (such as mortgage holders, other registered owners of the mobile home, or junior and legal owners as well).

Warehouse Liens and the Manufactured Housing Industry (Part 1)

Thousands of them occur every year, and yet very few people have a grasp on what the value or purpose of a warehouse lien sale is. Every state has its own statutory scheme due to the mixed nature of "real and personal" property that is inherit in the manufactured housing industry. Most states' laws operate to provide a powerful remedy to the landlord in light of a default on the payment of rent or utilities, and often times the statutes provide some measure of superiority to the lien a manufactured housing landlord can obtain by virtue of a tenant being in default. There is also a great deal of misunderstanding as to why the procedural requirements for warehouse lien sales being so strictly enforced.

The Language of Rentals

Many states, including, for example, California, have statutory schemes where the language of a consumer contract is addressed. An example of a typical statute enacted by many jurisdictions is California Civil Code section 1632. That section provides, in part, as follows:

Service Animals - Comfort Animals - Family Pets: Is There A Difference?

Sorting through the legal framework on service animals can feel like a "dog chasing its tail." The lack of legal clarity puts disabled people in danger of discrimination and at the same time creates potentially substantial legal liability for an unwary manufactured housing community and its ownership.

A Distinction with a Difference: Manufactured Home Notices vs. Recreational Vehicle Notices

Community owners who own and operate both Manufactured Home Communities ("MHC") and Recreational Vehicle Parks ("RV Parks"), or where RV's are allowed into MHC for a short duration, must be careful not to use the same notices and documents for manufactured homes and RV's. You may ask why? The short answer is that a large majority of jurisdictions regulate manufactured homes and RV's by two entirely different sets of laws that each have a unique effect on the relationship between the tenant and the landlord.

Fair Housing Amendments Act May Require Financial Accommodation to Prospective Homeowners with Disabilities

A significant factor in qualifying a prospective homeowner for community residency is an applicant's demonstrated ability to satisfy the community's income standards. Yes, a community may set financial criteria for residency without running afoul of anti-discrimination lawsprovided the community's financial qualification policies, rules and practices are applied equally.

Faithful Companion vs. Service Animal - What's the Big Deal?

If your park rules and regulations do not currently address pet restrictions and pet conduct rules, amend them. Enforce your pet rules in a consistent, but nondiscriminatory manner. Why do this? If your rules are unclear, then you may leave yourself open for potential issues and lawsuits. You should also make it clear that all "animals" in the park are subject to the park's pet conduct rules, as "service animals" are not considered "pets." Pet problems can range from the traditional loud barking dog to the more serious issue involving dogs attacking other dogs or attacking and even biting park residents. However, even service dogs and companion animals must still comply with the pet conduct rules.

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