Manufactured Home Owners Network: Questions & Answers
John Sisker
(www.mfghomeowners.net)
FOR IMMEDIATE RELEASE
March 18, 2008
Manufactured Home Owners Network
Questions & Answers
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(Disclaimers)
Editorials and/or Personal Comments:
Related materials are published with the assumption that they are true
and/or as an expression of Freedom of Speech rights. The following is the
personal opinion of myself, and/or others, and is circulated here for
informational purposes only. It is not intended to render any specific
and/or legal advice, nor to disparage, slander, and/or libel any person
and/or organization. It is simply meant to shed light on a number of growing
concerns.
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Notes:
The information contained within this particular circulation in not
connected to or affiliated in any way with the Manufactured Home E-Mail
Net(work) and/or Manufactured Home Owners Network. This is simply the means
to circulate the information. It is also the personal opinion of myself,
and/or others, and does not imply any endorsements or connections to anyone
or any organization.
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Questions & Answers:
Here is the opportunity to have your concerns addressed on an individual
basis. While I am not a lawyer, I will try to answer each submitted question
to the best of my ability. However, remember that this is just my opinion.
If any additional and/or legal advice seems appropriate, I will tell you
that as well. For those questions submitted that would benefit from
additional input, I have included here. This way, others can add their
comments as well. Therefore, if you have a new question or concern, let's
hear from you. On the other hand, if you want to enhance a question/answer
already addressed, this is the proper forum for that as well.
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Subject to Further Distribution:
You are included here on this e-mail distribution list because you either
directly instructed me to do so, and/or you responded to or asked a question
of me and/or the Manufactured Home E-Mail Net(work). Yet, the very concept
of e-mail circulation, and unless indicated otherwise to me personally, is
not considered secure and/or private in nature, and is therefore subject to
further distribution for the express purpose of extracting additional input.
This is for your benefit and is a free service of the Manufactured Home
E-Mail Net(work). However, last names and the actual e-mail address are
removed so others are not bombarded with unnecessary requests. However, at
no time is the actual e-mail address of others sold and/or used in any way
that is not in keeping with the reason it was for receiving for in the fist
place.
Thanks,
John Sisker
ANNOUNCEMENTS
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(reference SB 1433)
See attachment on land use in MHPs. We should opposed this bill. A back door
attack on Mobilehome Parks Rent Stabilization Ordinances.
Milt
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(GSMOL Legislative Action Team)
Hi all...
Attached above and copy/pasted below is Maury's latest GSMOL Legislative
Update. For your easier reference, the following is a summary of the
committee hearing schedule for bills we support.
Tuesday, March 25th, Senate Judiciary Committee, 1:00 PM in Room 112. SB
1234 (Correa) would requires manager provide notice before entering
homeowner's space. High priority bill; will likely be strongly opposed. We
must have your help insure passage by lobbying the committee members in
their capitol offices, and we will need a large showing of support in the
hearing room. (Carpools, but no busses yet).
Tuesday April 1st, Senate Transportation & Housing, 1:30 p.m. in Room 420.
SB 1122 (Correa) would require HCD (or other enforcement agency) to notify
homeowner directly (in person or phone) of violations. This allows
homeowners to ask questions and under stand why citation is issued.SB 1452
(Correa). Provides penalties for mobile home dealers and salespersons for
violation of state law.
Wednesday, April 2nd, Assembly Housing Cmty., 9: AM in Room 126.AB 2050
(Garcia), sponsored by HCD. Would clarify procedure for permits, allows some
conventional appliances and not those designed only for mobile names and
other HCD improvements.
For these bills, please send cards, letters, calls and faxes to the
committee members in their Capitol offices. The committee rosters are
attached above and copy/pasted below. For those within a reasonable driving
distance (2-hours), please organize carpools and come to the hearing. As in
the past, we will meet just inside the 10th Street entrance one-half our
before the hearing time. We will have GSMOL badges, hearing handouts, and a
brief discussion of the process hosted by Maury Priest and the LAT. If you
cannot attend all 3 hearing dates, the most important one is two weeks away
on March 25th. This may be a hotly contester bill, and we need support.
Again, these are the bills scheduled for hearings. The remaining 8 bills on
the list below are either waiting for committee hearing assignments or are
pending votes on the Assembly or Senate floor. Please review those awaiting
floor votes. In the list below they are item numbers 1, 2, and 10. Of
these, number 2, sponsored by CMRAA is the most important. Please contact
your local Assemblymembers in their home district offices and urge them to
support this bill.
Now, please scroll down for the complete Legislative Update listing and the
Committee Rosters. As always, please contact me if you have questions,
concerns or suggestions...
Thank you all for your much needed help,
Jim Burr, Chair
GSMOL Legislative Action Team
Phone & Fax (559) 732-2177
Cell (559) 799-3821
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(GSMOL LEGISLATIVE UPDATE)
By Maurice A. Priest, GSMOL Legislative Advocate
March 2008
GSMOL SUPPORTED BILLS FACING ACTION IN 2008
SB 127 by Sheila Kuehl-Support-in Assembly
SB 541 by Elaine Alquist-Support-in Assembly
SB 900 by Ellen Corbett-Support-in Assembly
SB 1107 by Lou Correa-Support-PASSED Senate Judiciary Committee on 3/11/08
SB 1122 by Lou Correa---Support---in Senate T & H on 4/01/08
SB 1226 by Elaine Alquist-Support-pending in Senate T & H
SB 1234 by Lou Correa---Support---in Senate Judiciary on 3/25/08
SB 1452 by Lou Correa-Support-- in Senate T & H on 4/01/08
AB 1111 by Mark DeSaulnier-Support-Pending in Senate Judiciary
AB 952 by Gene Mullin-Support-in Senate
AB 2050 by Bonnie Garcia-Support-in Assembly Housing on 4/02/08
AB 2857 by Sally Lieber---Support-in Assembly
GSMOL OPPOSED BILLS
SB 1433 by Mark Wyland-Oppose-[New Bill] in Senate
SUMMARY DESCRIPTION OF BILLS & TALKING POINTS
SB 127 (Kuehl) - Support. Upon sale of a mobile/manufactured home, the
transfer or resale disclosure requirements be made available within 10 days
of a signed contract to purchase,rather than by close of escrow. Sponsor:
Sen. Kuehl. GSMOL: Support; Pending on Assembly Floor. Urge your
Assemblymember to Support.Allows buyer advance notice of disclosure issues.
Provides more consumer protection, Benefits buyer and seller
SB 541 (Alquist) - Support. Prohibits park management from denying
residency solely on the basis of a 3:1 income-to-rent standard, without
taking into consideration the buyer's other financial assets. Sponsor:
CMRAA. GSMOL: Support. Pending on Assembly Floor. Urge your Assemblymember
to support. As rents increase, more potential home buyers are denied
residency. Many of them have sufficient liquid assets other than monthly
income.
SB 900 (Corbett) - Support. Would restore regulations and restrictions on
the condo-conversion of mobile home parks. With the veto of AB 1542
(Evans), SB 900 is now the legislation to address this important statewide
problem. Sponsor: GSMOL. Will be heard in March/April 2008 in Assembly
Housing Committee. Urge your Assemblymember to Support.
o Eliminates scam conversions that have caused economic eviction
o Provides for approval of a majority of residents before conversion
o Provides lots be offered at values determined by 3rd part appraisers
o Allows rent protection to continue if homeowner chooses not to buy
lot.
SB 1107 (CORREA)-Support. Would give disabled and handicapped homeowners
the right to make modifications to their mobilehomes to accommodate their
disabilities without interference from park management. Homeowners would
still have to obtain legally required permits, but park owners. Could not
prohibit construction of ramps, for example. Bill has been further amended
to state that the right to have a medical caregiver extends to homeowners of
any age. Bill has been assigned to Senate Judiciary Committee for hearing
some time after mid-February 2008. Passed Senate Judiciary Committee on
March 11th; Advances to Senate Floor. Urge your own Senator to support SB
1107 by Senator Correa.
SB 1122 (Correa)---Support---This bill would require the enforcement agency,
whether it be a local jurisdiction or HCD, to notify a homeowner or occupant
of the home, by telephone or in person, that there home is in violation of
code and that a citation is being issued. Purpose of the bill is to give
notice to homeowners so that they can ask questions of the enforcement
agency and understand why there home is being cited for a violation. [New
Bill]- Bill set for hearing in Senate Transportation & Housing Committee on
4/01/08. Urge your Senator to support.
SB 1452 (Correa) ---Support---[New Bill]-in Senate-With regard to
occupational licensing, administered by HCD, this bill would establish a
variety of fines and penalties when licensed mobilehome dealers or
salespersons violate state law. Bill set for hearing in Senate
Transportation & Housing Committee on 4/01/08. Urge your Senator to support.
SB 1234** (Correa) ---Support--- Provides management shall give homeowners a
7-day notice before entering a homeowner's space for purposes other than an
emergency, reading utility meters or when the space is otherwise abandoned.
Sponsor: Author. Introduced in the Senate, February 14, 2008, pending
committee assignment. Bill will be heard in Senate Judiciary on 3/25/08.
Urge your Senator to support.
8. SB 1433 (Wyland)---Oppose---Park owner-sponsored bill would prohibit
cities and counties from using rent control as a justification of compliance
with the state requirements for providing affordable housing. Urge your
Senator to vote "No".
Assembly Bills
AB 1111 (DeSaulnier) Support - As amended, would give local governments the
right to protect existing 55 and over age parks. Bill gives state
authorization to cities and counties to adopt ordinances prohibiting park
owners from changing 55 and over parks to all age parks. PASSED ASSEMBLY
HOUSING AND ASSEMBLY FLOOR AND NOW ADVANCES TO SENATE JUDICIARY COMMITTEE.
URGE YOUR SENATOR TO SUPPORT.
o Seniors buying homes in senior, or retirement communities expect
them to remain retirement communities.
o Under current laws, senior parks can have up to 20% of homes owned
by families.
AB 952 (Mullin) Support-Bill would give low income residents living in
Common Interest Developments, up to one year to pay assessments levied by
HOA. On Senate Floor. Urge your Senator to vote "yes".
AB 2050 by Bonnie Garcia-Support-in Assembly. [New Bill] This bill is
sponsored by HCD and supported by GSMOL. It clarifies the requirement of a
homeowner to obtain a permit when they undertake remodeling of their
mobilehome; It changes state law to permit use of hot water heaters used for
conventional site-built dwellings for installation in mobilehomes, so long
as they are properly installed, strapped, etc. This will save homeowners
money because hot water heaters manufactured only for mobilehomes are
usually far more expensive than a hot water heater that can be purchased at
Home Depot. Bill will also clarify law that smoke detectors must be
installed in mobilehomes, and selling homeowners will need to sign a form
when they sell their mobilehome stating that the required smoke detectors
have been installed. Will be heard in Assembly Housing Committee on
4/02/08. Urge your Assemblymember to support.
AB 2857 by Sally Lieber-Support-in Assembly. [New Bill] This bill is
sponsored and supported by GSMOL, and will be amended with new language to
address a loophole in the law regarding the CARE Utility Discount Program.
GSMOL has learned that if in a 100 space mobilehome park, that 90 of the
spaces are on master-meter/submeter utility systems, and the 10 remaining
spaces are on direct bill meters with the utility, that none of the
residents will be considered for the CARE utility discounts, because the
"entire" park is not on master meter/submeters. This current position by
the Public Utilities Commission is unfair to low income homeowners in a park
that would otherwise quality for a discount on their utilities, but cannot
participate because some number of other spaces in the park are not
submetered. AB 2857 will correct and close this loophole. The bill will
also authorize HCD to use MPROP loan funds to make loans to resident
organizations and nonprofits that own mobilehome parks to obtain loans to
repair or upgrade park infrastructure. Urge your Assemblymember to support
AB 2857.
For the latest information on the status of pending mobilehome legislation,
after normal business hours and on weekends, call the GSMOL Legislative
Hotline, at toll free 1-800-888-1727.
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(Assemblymember Telephone Fax Email)
2007 Assembly Committee on Housing & Community Development
(Meets 2nd and 4th Wednesday at 9 a.m. in Room 126)
Committee Tel: (916) 319-2085
Committee Fax: (916) 319-3182
Lori Saldana (Chair) Dem-76 (916) 319-2076 (916) 319-217-65150
assemblymem...@assembly.ca.gov
Bonnie Garcia (Vice Chair) Rep-80 (916) 319-2080 (916) 319-218-4009
assemblywo...@asm.ca.gov
Karen Bass Dem-47 (916) 319-2047 (916) 319-214-7319
assemblym...@assembly.ca.go
Loni Hancock Dem-14 (916) 319-2014 (916) 319-211-4412
assemblymem...@assembly.ca.gov
Gene Mullin Dem-19 (916) 319-2019 (916) 319-211-9216
assemblyme...@assembly.ca.gov
Sharon Runner Rep-36 (916) 319-2036 ( 916) 319-213-6515
assemblywoman...@asm.ca.gov
Sandré R. Swanson Dem-16 (916) 319-2016 (916) 319-211-6601
assemblymem...@assembly.ca.gov
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(Senator Telephone Fax Email)
2008 Senate Committee on Judiciary
(Meets every Tuesday at 1:30 p.m. in Rm 112)
Ellen Corbett (Chair) Dem-10 (916) 651-4010 (916) 327-243-3309
senator...@sen.ca.gov
Tom Harman (Vice Chair) R-35 (916) 651-4035 (916) 445-926-3205
senator...@sen.ca.gov
Dick Ackerman R-33 (916) 651-4033 (916) 445-9754
senator....@sen.ca.gov
Sheila Kuehl D-23 (916) 651-4023 (916) 324-4823
senato...@sen.ca.gov
Darrell Steinberg D-06 (916) 651-4006 (916) 323-2263
senator....@sen.ca.gov
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(Senator Telephone Fax Email)
2008 Senate Committee on Transportation & Housing
(Meets every Tuesday at 1:30 p.m. in Rm 4203)
Alan Lowenthal (Chair) D-27 (916) 651-4027 (916) 327-911-3203
senator....@sen.ca.gov
Tom McClintock (Vice Chair) R- 9 (916) 651-4019 (916) 324-7544
senator.m...@sen.ca.gov
Roy Ashburn R-18 (916) 651-4018 (916) 322-3304
senator...@sen.ca.gov
Gilbert Cedillo D-22 (916) 651-4022 (916) 327-8817
senator...@sen.ca.gov
Ellen Corbett D-10 (916) 651-4010 (916) 327-2433
senator...@sen.ca.gov
Robert Dutton R-31 (916) 651-4031 (916) 327-2272
senator...@sen.ca.gov
Tom Harman R-35 (916) 651-4035 (916) 445-9263
senator...@sen.ca.gov
Christine Kehoe D-39 (916) 651-4039 (916) 327-2188
senato...@sen.ca.gov
Joe Simitian D-11 (916)-651-4011 (916) 323-4529
senator....@sen.ca.gov
Tom Torlakson D-7 (916)-651-4007 (916)-445-2527
senator....@sen.ca.gov
Leland Yee D- 08 (916) 651-4008 (916) 327-2186
senator...@sen.ca.gov
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(looking for a home in southern california?)
Here is a very good source for new and used manufactured homes throughout
Southern California, all priced to sell. Click on this ink for access to the
information... http://www.mfghomespecialist.net/ParkModels.htm.
Meantime, check out the following Website for information on everything from
new manufactured homes we can modify somewhat to your specs, to a would of
other related information on HCD approved homes...
http://www.mfghomespecialist.net/.
John Sisker
Senior Sales Consultant
Mesa Homes
jsi...@sprynet.com
(714) 536-3850 - direct
(714) 815-7625 - cell
(714) 899-0588 - office
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(CMRAA)
Just to let you all know, I attended the Anti 98 Rally today - and I just
got off the phone with a David Rosenburg from KPFA radio (I am not sure
where that is - but the area code was 510) who was given my name by Meghan
Callahan - the coordinator of our No on 98 efforts.
I do not believe I said anything that could be considered detrimental.
Anyhow, I explained our efforts to defeat 98 - and what it means to those
mobilehome owners/residents as well as apartment residents whose fate hinges
upon this upcoming election.
Keep fighting, folks. June is coming up fast.
Gus
CMRAA President
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(NO on Prop 98 - YES on Prop 99)
Vote on June 3, 2008
Californians Against Proposition 98 (the Landlords' Attack on Renters)
Campaign Video Contest: Win a $1,000 Prize
What: The No on Prop. 98 Campaign is hosting a statewide contest to expose
Prop. 98's devastating flaws and its potential negative impacts for
California renters. We are looking for short videos that explain to voters
why they should vote no on Prop. 98. The best entries will be profiled on
the campaign web site and with the press. The winning entry will receive a
$1,000 prize.
Video Profile / Outline of Content:
- Videos must be no more than 1 minute in length.
- All Videos must be submitted no later than March 28, but are welcome
before that.
- Winning videos will focus on Prop. 98's hidden rent control provisions
and will:
o Highlight Prop. 98's disastrous impacts on renters, such as
seniors, widows, young families, students and others; and/or
o Expose the wealthy mobile home park and apartment owner landlords
who have spent more than $2 million to get Prop. 98 on the ballot. For a
list of Prop. 98 funders, visit
http://calaccess.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1296303
Creativity and thinking outside the box is encouraged. While Prop. 98 is
serious, humor and light-hearted submissions are encouraged.
Submission Instructions:
They should be posted on You Tube, with a link to the video sent to
mcal...@bickerassociates.com.
Please include your name, phone number and e-mail address with your
submission.
Any questions should be sent to mcal...@bickerassociates.com or
kpa...@bickerassociates.com.
Background on Prop. 98: Prop. 98 on the June 2008 ballot would eliminate
rent control in California and is an attack on other important renter
protections that protect ALL renters against unfair landlords. Proposition
98 will strip away important renter protections, allowing landlords to
pursue unjustified evictions of renters just so they can raise rents as soon
as that tenant moves from the unit. Once rent control is lost, it is gone
forever. Prop. 98 would jeopardize other laws for all renters, like laws
requiring the fair return of rental deposits. Behind Prop.98 are wealthy
landlords and mobile home park owners who are trying to pass Prop. 98 for
their own financial gain. California Secretary of State records show that
more than 85% of funding to put Prop. 98 on the ballot came from wealthy
landlords and organizations representing them. These landlords are trying to
trick voters into believing Prop. 98 deals with eminent domain. But these
landlords don't care about eminent domain - they only care about provisions
in the initiative that get rid of rent control laws and other important
renter protections at the expense of seniors, veterans, single moms and
working families. Prop. 98 is an attack on all existing and future renters
in California. Visit www.noprop98.org for more information on the
initiative.
PLEASE SEE DISCLAIMER
Paid for by No 98/Yes 99, Californians to Stop the Prop 98 Attack on Renters
and in Support of Prop 99, the Homeowners Protection Act. A committee of
seniors, homeowners, taxpayers, renters, educators, business, labor,
environmentalists, local government and public safety, League of California
Cities (Non-Public Funds) and Californians for Neighborhood Protection: Yes
on Prop 99, No on Prop 98, a sponsored committee of conservationists and
labor
1121 L. Street, Suite 803 - Sacramento , CA 95814 - 916.443.0872
DISCLAIMER
Children under age 18 must have a parent or legal guardian's written
permission to submit their material and such permission must accompany the
material or it will not be considered.
Employees (and their immediate families and household members) of the No on
98 Committee and its parent, subsidiaries, divisions, and affiliated
entities are not eligible to submit material.
By submitting your material, for good and valuable consideration, the
sufficiency and receipt of which you hereby acknowledge, you hereby grant to
the No on 98 Committee and its affiliates a non-exclusive, perpetual,
worldwide license to edit, telecast, rerun, reproduce, use, syndicate,
license, print, sublicense, distribute and otherwise exhibit the materials
you submit, or any portion thereof, as incorporated in any of their
programming or the promotion thereof, in any manner and in any medium or
forum, whether now known or hereafter devised, without payment to you or any
third party. You represent and warrant to the No on 98 Committee that you
have the full legal right, power and authority to grant to No on 98
Committee the license provided for herein, that you own or control the
complete exhibition and other rights to the materials you submitted for the
purposes contemplated in this license and that neither the materials nor the
exercise of the rights granted herein shall infringe upon or violate the
right of privacy or right of publicity of, or constitute a libel or slander
against, or violate any common law or any other right of, any person or
entity. This license shall be governed by the laws of the State of
California .
The No on 98 Committee has the right to edit and/or alter any submission.
The No on 98 Committee reserves the right not to use the material you submit
at all and/or as little of the material as it chooses.
You acknowledge and agree that by submitting your material you are not
entering into an employment relationship with the No on 98 Committee and
that no relationship is created other than licensor/licensee.
QUESTIONS & ANSWERS
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(denied residency - after 19 years?)
My family and I have been residents of a mobile home park for almost 19
years. Recently it came to light that a mistake was made on our original
application for residency. My in-laws, who are co-owners of the home with my
husband and myself, signed one of the lines for tenants. The mobile home
park did not catch this mistake until about a month ago. They requested that
my family and I provide new documentation, etc. and fill out a new
application. We did. We have since received a letter telling us we have been
denied residency - I can only guess that evictions proceedings will begin
next. Please advise me of what my rights are and what we should do. I care
for my three children, two grandchildren and disabled husband. Our rent is
current and accept for the occasionally late payment in the past, always has
been cerement. I am VERY anxious about this situation and looking forward to
your suggestion. (In addition to this stress I am also a first year teacher
in Rialto and as of right now do not have a job for next years.)
Please help!
Shirley
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(obviously not the whole story)
Dear Shirley,
First of all, thank you for contact me at the Manufactured Home Owners
Network at www.mfghomeowners.net. However, you need to understand that I am
not an attorney, therefore cannot give you any legal advice. For that, you
will need to contact a real lawyer. Yet, to assist in this aspect, I do have
a list of attorneys on my Website that may be of help. Just click on
www.mfghomeowners.net/Counsel to get started.
In reference to your current situation, you need to understand that legal
eviction proceeding can take place if you are late on the rent 3-time in any
one year period. Likewise, from my actual first-hand experience, there is
obviously more to this situation than you are revealing here. Paperwork from
19 years ago does not mysteriously surface without cause or reason.
At this point, this is no-doubt a legal issue, which will take a lawyer to
unravel. However, even that assistance will be limited if they do not have
the whole story.
Good luck,
John Sisker
jsi...@sprynet.com
www.mfghomespecialist.net
(714) 536-3850
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(add norma to your e-mail list)
John,
Could you add the following name to your email list for your newsletter and
other communications you send out to mobilehome owners. I have received her
permission to do this and I know she will enjoy and learn from your views
and the views of other mobilehome owners. She has just become a member of
the GSMOL Legislative Action Team.
Her address is: norma...@...
I have added her as a CC to this message so if you have any trouble with the
address, you can refer to that address.
Thanks, John, I appreciate it very much.
Warm regards,
Mary
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(welcome aboard norma)
Mary,
Per your request, Norma has been added to the Manufactured Home E-Mail
Net(work) as well.
Thanks,
John Sisker
jsi...@sprynet.com
www.mfghomeowners.net
(714) 536-3850
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(what's happening in the park?)
Hi JulieAnn,
I wanted to touch base with you personally to see if there is anything going
on in this park in reference to your committees and/or groups. Since there
have never been a newsletter as such circulated among the residents, one
can't help but wonder if we are actually organized if and/or when needed.
The reason I ask is, recently both Huntington Harbor Estates and Huntington
Shorecliffs sold to real estate interests. The rents are currently $1200 in
each park, but now that is only the beginning of the rent increases.
Predictions show a steady rent increase for a few years, then closing the
parks. I certainly don't want that happening to us.
How can and did this happen? From being in the business myself, it is no
secret that in both cases the residents just did not have their act
together, dragging their feet in getting properly organized, or having all
their ducks in a role if the time came. Basically, most residents are caught
sleeping at the wheel. Another scenario that happens all too often is, some
strong power residents in the parks take over, but basically has no real
idea what they is doing. It takes professionals, consultants and attorneys,
to help the residents along, not armatures who think they know what it
takes.
Why do I bring this up? The reason is, our park is a prime candidate for
being next. And let's not let management fool us by saying that the presents
owners have not intention of selling the park. That's what they all say. By
then, it is too late.
When Sylvia and I were involved in park purchase, at least we had all are
duck in a roll. This is not to say the residents don't now, but let's not
get caught with our pants down if and/or when the time comes. Likewise, I am
not trying to take over or second guess anyone; it is just that many of us
have serious concerns and way too much to loose, especially in the light of
what is currently happening.
If I can assist somewhere - find. But, I'm not one to go down without a
fight. We all know the City is not supportive of us, so we need to take the
bull by the horns ourselves. The current relocation ordinance of in-place
market value is of little comfort, when our home values decrease as the
rents increase. We need to get organized, stick together and fight fire with
fire.
Sincerely,
John Sisker
jsi...@sprynet.com
www.mfghomeowners.net
(714) 536-3850
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(now just a social committee)
John
I know that those parks sold. It was on page 8 of the local in the
Register. Very scary. I am completely surprised about Huntington
Shorecliffs. As the owners are relatives of family friends. Who swore that
the park would never be sold. I am forwarding your email on to the other
board members. As you may have realized we have become more of a social
committee as of lately. We have all worked very hard to keep the interest
in the park alive. Thank you for your interest. I will get back to you.
JulieAnn
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(internal organization and belief)
JulieAnn,
Thanks for forwarding my concerns to others on your board. I feel this is
just too important to get caught with our pants down. Likewise, management
will always tell the residents that the present owners have no intention of
selling any park. They are saying that as well in our park. However, we can
all see where believing that got some of these other parks in Huntington
Beach. Furthermore, both Cabrillo and Huntington By The Sea are also parks
destined for the chopping block as well.
I know that this park has more or a social committee today, than any further
tie-ins to GSMOL, CMRAA or even a private home owners association. Yet, this
may be the time for your committee to think about stepping this up a notch.
Please don't let this park get caught sleeping at the wheel, as it happened
in these other parks, not only here in Huntington Beach, but all across the
state. One of our future goals on the Huntington Beach Mobile Home Advisory
Board is to have Maurice Priest of ROP as a guest speaker. Educating
residents is also a key factor in success.
There has been a lot of parks purchased by the residents themselves, either
directly or through a non-profit, and also in prime real estate and resort
area such as ours. The difference between those that did and those that did
not, was their internal organization and belief.
As I said before, if I can help, even just a little bit, please let me know.
I'm not trying to second guess anyone or take over anything; just concerned
that we're properly organized if and/or when the time comes. And from actual
experience in this business itself, I don't thing that time is too far off.
Sincerely,
John Sisker
jsi...@sprynet.com
(714) 536-3850
Space 266
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(if you think it can't be done... you're right)
JulieAnn,
Here is the contact information I have for some attorneys/consultants who
are involved in the non-profit purchase of mobile home parks. It has been
some time since I was in contact with a few of these, so the situation may
have changed.
Meantime, I will run the comps of this park when I get back to work this
weekend. That will show you what has sold over the last 2-years - on a space
by space basis.
Mr. Gerald Gibbs, Esq.
(949) 492-3350
Mr. George Turk
(949) 515-5100 x203
Mr. Maurice Priest, Esq.
(800) 655-6600
Unfortunately, the negative and can't be done attitude of some last night
came through loud and clear - and they are indeed right. It indeed can't be
done as long as they are in charge. You, on the other hand, at least had an
open mind and were willing to listen. For this I thank you. The difference
between success and failure is in the attitude of the leaders. There is more
to organizing than just handing out material. The first step is to motivate
the residents. If someone doesn't know how to do that, then new leadership
is obviously needed.
Some of the above contacts may be able to help in that aspect as well. With
these major developments all around us, and more to come (Pacific City), and
close by mobile home parks selling right under the residents eyes to real
estates speculators, if our residents can't be motivated now, then new
tactics are obviously needed to spark this motivation.
John Sisker
jsi...@sprynet.com
(714) 536-3850
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(a thought on rent control)
Does your city have a rent control ordinance? If so, are you subject to it
or did you sign a long term lease? My city has a rent control ordinance, and
it provides a solution for just this situation. Basically, if you list your
home at "fair market value" (as determined by an appraiser) and it does not
sell for 90 days, you can rent it out. You have to give the park 30 days
written notice that you intend to rent it out, but the ordinance
specifically states that it supersedes any park rules that might conflict
with it (such as a prohibition on renting out your unit). I don't know what
protections the City of Monterey has for mobile home owners, but maybe...
If that isn't an option, perhaps you could take it to the media, as a human
interest sob story, or even one of the local news "consumer advocate"
reporters. The media coverage would show the park owner in a
less-than-favorable light so they might reconsider their prohibition on
renting out your coach, and it would also generate publicity - perhaps
attracting a buyer. Just brainstorming here.
If you are on a fixed income, like quite a few mobile home residents. Go to
your city manager and see if there are any block grants for low income, or
fixed low income. There is also a chance if your income is low enough after
expenses that you might get help from your social services. Is there any
one disabled in your home. These may not be the perfect answer. I hope some
thing I have said will help.
Take Care,
Mike
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(disclosure)
Hi Gus,
I should have added that the disclosure has to be to the Buyer, and it has
to be done before the Buyer spends any money or significant time on the
purchase of a mobile home. The law requires that all "material facts" have
to be disclosed by the Realtor and by the Seller before any California real
estate transaction proceeds very far. That means that the Realtor and
Seller must say if they know of any thing about the property that would make
the Buyer refuse to purchase. It is like the "lemon law" that protects the
Buyer of used cars. The California Department of Real Estate likes to
enforce full disclosure by Realtors to Buyers.
In the case of a sale of a rent-controlled mobile home, the Realtor has to
disclose to the Buyer up front that there are possible threats to rent
control, and the warning has to be in writing. I have yet to come across a
Realtor who properly discloses the facts about rent control.
If Realtors who have sold mobile homes knew this, they would be scrambling
to stop the California Association of Realtors (CAR) from trying to get rid
of rent control. Most real estate agents are "Realtors", meaning that they
are members of CAR. So, telling your neighborhood Realtor about the
situation may have some powerful benefits for those mobile home residents
under rent control.
Jim
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(blind to the plight)
I think a great many judges/courts are blind to the plight of many. I also
think that some facts are never disclosed to the court. Okay, so a mobile
or manufactured home sells for over 100,000 dollars - in an area where the
median home price is close to one million dollars. In a recent news article
on TV it was said that in the Silicon Valley where the median home price is
close to 800,000, merely 15 percent of the potential buyers can even
qualify. The median income throughout the North and South Bay is roughly
80,000 a year. If we could afford 2000 a month in rent payments, we could
afford much higher priced housing. The judge simply doesn't get it. Much
like the US Supreme Court in their Kelo decision.
Gus
President CMRAA
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(mistakenly gives support to mobile home residents)
There is a very important section (in blue font) in the article from the
Marin Independent Journal: CONTEMPO MARIN FIGHTS RULING ON RENT CONTROL from
Marin Independent Journal Jennifer Upshaw Dick Heine of San, president of
the Contempo Marin Homeowners Association, says people are getting very
worried that the park owners could raise rents to nearly $2,000 a month, two
to three times what residents pay now. Residents of the rent-controlled
mobile home park Contempo Marin once again find themselves fearful the law
that keeps their neighborhood affordable may protect them no more. More than
100 homeowners who rent space at the San Rafael park gathered this week to
hear from their lawyer after U.S. District Judge Vaughn Walker in San
Francisco issued findings of fact late last month declaring San Rafael's
rent-control ordinance unconstitutional.
"I think reality is setting in, and people are getting very worried," said
Dick Heine, president of the Contempo Marin Homeowners Association. Talk
abounds that the park's owner, MHC Financing Ltd., now known as Equity
LifeStyle Properties Inc., plans to more than double the rent. Homeowners
lease the land from the Chicago-based property owner. MHC sued the city of
San Rafael and the homeowners association in October 2000, challenging the
constitutionality of the city's ordinance, passed in 1989 to keep the
396-unit park affordable. The city and the association plan to appeal. A
stay of the order will be sought to bar a rent increase until the lawsuit is
resolved, attorneys said."In terms of the residents, it means a lot of
uncertainty right now," said Craig Daniel, a San Francisco attorney
representing the homeowners. "MHC has threatened to raise rents to as high
as $1,925 per month. That's in the order of two to three times the current
rents, and many residents will not be able to afford it."
An appeal means it could be another year or longer before the case is
concluded, attorneys said."It has loomed for seven years now, and it
unfortunately still looms now," Daniel said. City officials, who said
protecting affordable housing is a priority, expect to win. "Respectfully to
Judge Walker, we think he got it wrong, and we expect to get his order
reversed at the next level," City Attorney Rob Epstein said.
"A similar law was upheld in the same court in Cotati. If it's legal in
Cotati, it's legal in San Rafael." The outcome of the San Rafael case could
be far-reaching, Epstein said. "It could affect over 100 cities in
California that have similar parks and laws, and San Rafael is leading that
fight," he said. Residents of the mobile home park just off Smith Ranch have
endured years of legal back-and-forth. A settlement was reached in July
2001, but residents convinced the City Council to back out, prompting MHC to
add to the suit accusations that the city breached the settlement agreement,
according to Judge Walker's findings of fact. In November 2002, a jury ruled
in favor of the city on the settlement issue, but it held off on other
matters pending a U.S. Supreme Court ruling on a case involving the oil
industry, the document said. Based on the Supreme Court ruling, MHC amended
its complaint to change its theory of the constitutional violations alleged.
Judge Walker's decision is based on evidence presented in 2002 and in the
amended complaint, heard by the court last spring.
David Bradford, attorney for MHC, said he's scratching his head over why the
city continues the fight. "The judge, after very extensive trial
proceedings, heard from many affordable housing experts and found that this
law does not make housing a penny more affordable, and people trying to get
into the park are paying up to $100,000 more for the homes than they're
worth because of the ordinance," he said. "It's really mystifying to us the
city would waste millions of dollars of taxpayer money to defend a law that
has been found to be counter-productive," Bradford said. "It serves to
benefit only a handful of people."
Heine, 72, who is retired from the telecommunications and computer business,
said a jump in his rent from $790 per month would be a hardship. But he
remains optimistic. "You can take the viewpoint that the law is the law and
it doesn't have a heart and compassion, and that's probably the correct
interpretation," he said. "But most of us feel there is an injustice here,
so we're hoping for the best and exploring all the opportunities we can."
Bradford did not know it, but he gave mobile home residents more evidence to
support them in a court case in the event that any part of their rent
control is lost. He affirmed that loss of rent control would cost them a
great deal of equity. As a Realtor and as an owner of a mobile home in a
rent-controlled park in Santa Barbara, I and my neighbors have done a great
deal of research on mobile home rent control. We had to. We have already
had to fight several battles on a local level, and a few on the state level.
So far, we have done well. In the process, we have discovered a number of
ways in which residents in rent controlled homes can recoup their losses if
any aspect of their rent control is lost. For instance, according to the
California Association of Realtors, of which I am a member, Realtors
involved in rent-controlled mobile home transactions are supposed to
disclose to Buyers that rent control is not permanent, and that it may
require constant alertness to avoid its loss. I am probably the only Realtor
that does so. No Realtors that I know of have notified their Buyers in
writing that rent control may be lost, and I have been in touch with a great
many of them on this issue. Some Realtors go so far as to tell Buyers that
rent control can not be lost and that it is permanent. All these Realtors
have exposed themselves legally. According to my understanding of real
estate law, they are subject first of all to having complaints filed against
them with the California Department of Real Estate. More important to the
resident who has lost his equity, the Realtor is liable for the resident's
losses for up to ten years from the date of the discovery of the lack of
disclosure.
Jim
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(rent control & disclosures)
Just a quick thought on this subject of rent control and disclosures. Unless
you are under a rent control ordinance, in California, park owners can raise
the rent to whatever they want and every 90-day if they felt like it. As for
disclosure, from the perspective of a realtor or dealers selling a used
mobile/manufactured home, that really pertains to the home itself. Known
issues or problems with the home must be revealed to the prospective buyer.
As for park conditions, such as the parks land lease, future rent increases
or other park operations aspects, dealers or agents do not have access to
that type information. That needs to come from the park owners/managers
themselves during park check-in. And that's the problem - they don't.
John Sisker
Founding Director
Manufactured Home Owners Network
www.mfghomeowners.net
jsi...@sprynet.com
(714) 536-3850
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(Anti Prop 98 Rally)
Tell us more about the rally. How did it go? Could you tell if there were
many CMRAA or GSMOL members there?
Thanks,
Jim Burr,
Chair GSMOL Legislative Action Team
Phone & Fax (559) 732-2177
Cell (559) 799-3821
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(good work Gus)
First, let me say after watching the news on Channel 11 last night that the
reporters seem to be incapable of getting their numbers correct. For
instance, it was reported that Prop 98 would affect 1 million renters - NOT
the 14 million renters throughout the entire state. The number of
mobilehome communities was reported as "100". I suppose if they said "in
the Bay Area" those numbers would be more in line with actuality. So, I
think in the future we need to make that delineation. KPFA used about a 20
second sound byte out of a 5 minute interview - and primarily focused on the
fact that Prop 98 was a repeat of 90 that was defeated last year.
Now, this was my first time participating in what can be termed a full blown
protest rally complete with opponents standing across the street with their
signs, so it was all new to me. However, I did point out, rather loudly,
that they had four people IN SUITS as opposed to our 60 - so with all their
wealth, they only could rally four YOUNG supporters. (All of which leads me
to wonder if perhaps they were paid to be there.)
As far as I could tell, Jim, I was the only representative from either GSMOL
or CMRAA present. However, there were two ladies from the park in San
Rafael that recently lost a case brought by Zell against the rent ordinance.
We spoke at length and they will be contacting me in the future to attend
one of their HOA meetings. In regards to that case, since it was a lower
court ruling, I think, if San Rafael doesn't wimp out, that when it gets to
the 9th District Court, past cases setting precedence will prevail
(especially the Cotati decision). However, I do think both CMRAA and GSMOL
should participate with a friend of the court brief in support of San
Rafael.
As to the rally - it was apparent that nearly everyone there was in a lower
income bracket, and were a cross section of our world - the elderly, the
"minority" ethnic groups, especially from Oakland. That was a good thing.
It showed the world the reality of those that will be displaced should 98
win. They were visible and vocal and judging from the number of people
driving by and honking, are being supported by (hopefully) the voting
public. The great thing, in my opinion, was that the protest gathering did
not have the more "radical" elements that would portray us as "rabble
rousers", but everyday folk. It's hard to view an elderly grandmother in a
wheelchair as a rabble rousing anarchist.
Gus
President CMRAA
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(good news from some courts)
Gus,
Glad you were able to attend the rally.
I didn't hear or see the report but the "one million figure" might have
referred to the number of rental units/spaces subject to some form of rent
protection currently.
Sounds like the San Rafael ladies were from Contempo Marin MHP, where we
have a chapter. I spoke to the former HOA President last week and some of
them are planning to go to the Dem. Convention in San Jose.
I agree the adverse court decision against San Rafael is likely to be
overturned, at least from what I understand in the case. A Judge in San
Diego recently ruled against ELS/Zell and for the City of Santee, so there
has been good news from some courts.
Best wishes,
Tim Sheahan
President GSMOL
760 727-4495
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(whoever controls the space has the say-so)
Harold,
It is good to hear back from you. However, in reference to this particular
matter, I certainly can't give legal advice. For one, I am not an attorney,
and two, I obviously don't know all the particulars. Seeking real legal
advice may be your best bet.
However, I do know that whoever controls the space has the say-so as to what
can be put there. If the park owner, and/or management company, owns that
space, and they have a tie-in or connections to a dealer that sells
Fleetwood, then you must purchase a Fleetwood in order to get that space. In
addition, even though technically, I can get a Fleetwood, in this particular
case it probably won't do you any good, even if I could get you the very
same home at a lower price. There is an obvious connection between the park,
the spaces and their Fleetwood connection. The bottom line is, if you don't
play the game, you don't get the space.
Likewise, even if you wanted a top-of-the-line Hallmark Homes, you probably
can't put it in that park. There are a few ways around this though. One is
to purchase an old home yourself, using it as a pull out. Since you now
control that space, you can put whatever brand of manufactured home you want
on it. The other way, is to let our spacing division do the footwork for
you. If you want that particular park, or others like it in the area, we
have the proven experts to match up what you need.
In closing, even though I can technically get Golden West, Cavco and
Fleetwood, in addition to Hallmark, none of these are a Hallmark. The reason
why most people want a Hallmark, is they are the best manufactured home
build today, and for the price, you can't beat it. However, all this said,
maybe even this park may allow us to put a Hallmark on their space for you,
simple because business is so bad. If so, let's talk.
Sincerely,,
John Sisker
Mesa Homes
Senior Sales Consultant
www.mfgspecialist.net
jsi...@sprynet.com
(714) 536-3850
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(sunshine week)
To: John Sisker -
I'm writing you because of high interest in Sunshine Week March 16-22, 2008,
it's all about Open Government and transparency. But first, what's going on
with the Pacific City plans and documents? Not the issue of who prints them
or what the charges are, but are changes in plans being held back? Or, have
there been changes in the plans that have not been made public?
On to Sunshine Week, March 16-22. We hope that all levels of government will
take note of this nationwide event sponsored by the American Society of
Newspaper Editors and endorsed by many other organizations from coast to
coast. It would be good if our Huntington Beach City Council would show
their support. For good info about Sunshine Week check www.sunshineweek.org.
Sincerely,
Larry
Huntington Beach, CA
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(Pacific City Action Coalition)
Hi Larry,
I know the plans have changed somewhat for Pacific City, for I have the site
plan that was approved, but can see it is different from what is actually
being built. As I said, I can't even get a new site plan out of this city,
let alone the results of the soil clean-up. In fact, I was told by the
Huntington Beach Fire Department that final remediation documents are about
to be signed off. Yet, development has been going on for months now. I don't
know what's going on, but am trying to find out. The more this is covered
up, along with apparent denial of the public records, the more concerned I
become.
John Sisker
Pacific City Action Coalition
jsi...@sprynet.com
(714) 536-3850
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(you're not my friend)
John,
You are NOT a personal friend/contact of mine. Please UNSUBSCRIBE.
Thank you.
vw
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(is that necessary for needed information?)
VW:
Sorry to hear of your decision. You have now been deleted. However, this
also eliminated you from the Manufactured Home Owners Network / Manufactured
Home E-Mail Net(work) as well. I have a lot of contacts who are not
necessarily personal friends, but related information is still important to
them.
John
==========================================================================================================================
Sincerely,
John Sisker
Founding Director
Manufactured Home Owners Network
www.mfghomeowners.net
jsi...@sprynet.com
(800) 724-6644 & (Phone ID: 714.536.3850)
Fax: (801) 365-8205
(714) 536-3850
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