MHCO

On July 26, 1990, President Bush signed into law the Americans with Disabilities Act ("ADA"). The Americans with Disabilities Act Accessibility Guidelines ("ADAAG") were shortly thereafter developed to guide new construction and alterations undertaken by covered entities. The ADAAG establishes the minimum requirements for "accessibility" for disabled persons in buildings and facilities and in transportation vehicles. Your state may have passed parallel laws which may tend to increase the protection of individuals with disabilities, however, this article focuses on Federal ADA compliance.

What is Marketing?

Let's first look at what Webster has to say about the meaning of "marketing" -- (1) the act or process of buying and selling in a market; and (2) the commercial functions involved in transferring goods from producer to consumer. A more commercial definition of marketing that might be found in a high school or college text could read something like this: "creating a sale with the consumer for your product and/or service."

Then, let's look at Webster's definition of "promoting" -- (1) to forward or further, to encourage, to advance; (2) to raise to a more important rank, to contribute to the progress or growth of, to urge adoption of or advocate; and (3) to attempt to sell or popularize by advertising or by securing financial support. Again, a more commercial definition of promoting might be something like: "bringing the consumer to your product and/or service."

These definitions tell us that we need to be involved in both promoting and marketing! It is the act of promoting that creates enthusiasm and brings us the traffic. It is the act of marketing that defines the sale of a home or signing of a lease. Without both of these tools in your toolkit, you would have a really hard time filling, re-filling, or upgrading your community.

"Management is the responsibility for and control of a company." What can park owners do to be better management leaders?

Don't you agree that our business has become more complicated by economics, government regulation, and the need to stay profit-able? Whether you are the direct park owner/manager or use a management company, the ultimate responsibility lies with owners. Who cares about your check-book balance more than you?

The eviction process can be daunting to those landlords and managers who rarely, if ever, have been involved in the unpleasant task of trying to remove a tenant from a community. An eviction (formally known as a "forcible entry and detainer" or "FED") is an expedited legal procedure designed to allow landlords to obtain possession of their property through the court system. When the eviction involves a space at a manufactured housing community, it is the space, not the home, that is returned to the landlord. Following a successful eviction, the court will render a "judgment of restitution" to the landlord. This means that the space will be restored back to the landlord and the tenant's right of possession to the space has been taken away. However, this leaves the issue of the manufactured home sitting on the space. Does an evicted tenant have any further rights to the home, and if so, how are those rights exercised? It is the abandonment process described in ORS 90.675, that addresses this issue, as we will discuss below. The rule to remember, however, is that once the court has granted the eviction, i.e. awarded the landlord a "judgment of restitution" the only legal way for the home to be removed or resold is in accordance with the abandonment process described in ORS 90.675.[1]

The Americans With Disabilities Act ("ADA") prohibits discrimination against people on account of disability. Title III governs places of "public accommodation" and affects certain areas of mobile home and RV parks. In a nutshell, a "public accommodation" is any place to which the public is invited. For a typical mobile home park, this would at least include the leasing office, the parking lot for the leasing office, and an accessible pathway connecting them. These are "pubic use facilities." If a mobile home or RV park has short-term (i.e. daily or weekly) RV space rentals, the entire park could be considered a public accommodation, in which case the park would need to comply with the ADA.

Today's professional community managers are required to create and implement a positive resident relations program, increase resident retention, concentrate on marketing and sales, resolve resident disputes, enhance the value of the community, maintain the physical asset, stay current with training and certification, and adhere to a budget. And that is only for starters.

The Manufactured Home industry is growing at a healthy pace...finally

So far this year, shipments of new manufactured homes in the US is 16% higher than the same time period in 2015. According to the US Census Bureau, 70,500 new units were shipped in 2015. If the current trend continues (as industry forecasts suggest), 2016 could see total shipments of over 80,000 units. This number is an impressive change from 2009 (the industry's worse year historically) when only 49,789 units were built, but it's even farther from the best year in the business: 1998, when nearly 373,000 manufactured homes were shipped.

This is the third in a series of articles on disaster preparedness and how to safeguard your community, save lives and minimize damage.

Some disasters, like hurricanes and floods, allow you to take action ahead of time to save lives and property. Others, like tornadoes, earthquakes, and flash floods, need more immediate action. You should have plans for both.

Did you know Oregon law requires you as a park owner to give notice to residents when you intend to sell your park?

Did you know that many owners are not completing this legal obligation properly...and some are being sued for it?

In 2015, the Oregon legislature changed the law in a few very important ways, but notification of our increased legal responsibility has been nonexistent -- save for park landlord training like that offered at MHCO.

One of the most troubling dilemmas of park owners and managers is whether to accept rent when the resident is already in default. This can be a trap for the unwary, and can result in a waiver of the landlord's right to demand that the resident vacate the mobile home park/community.

Here are some rules which may be helpful: