Question. I am getting push back from a resident in our Park who says that I cannot enforce Section 8 in MHCO Form No 11 (Ten Day Notice of Intent to Sell Manufactured Home) relating to the requirement that the selling resident must provide us with a "....copy of a current written inspection report from an Oregon-certified and licensed home inspector, verifying that as of the date of the inspection:

• the dwelling, including, but not limited to all heating, cooling, and electrical systems and all appliances located therein, are safe from the hazards of fire;
• the dwelling has a smoke alarm approved under applicable law;
• the dwelling has operable storm water drains on the roof;
• all electrical, water, storm water drainage and sewage disposal systems in, on, or about the dwelling, are in operable and safe condition, and that the connections to those systems have been maintained, and
• that any modifications to the home or its heating, cooling or electrical systems comply with all local, state and federal codes and regulations in existence at the time of the modification."

Section 8 also provides that "The cost of this inspection shall be the responsibility of the TENANT, but may be negotiated with the prospective purchaser as part of the sale transaction."

"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?

Pet Issues.

There is almost no greater issue that can create problems for landlords, than whether tenants can retain a pet they have brought into the community. How can owners and managers take control of the issue?

First, landlords should check their current rules and rental agreement. Although landlords who have previously permitted pets in the community, cannot retroactively prohibit them to tenants who already have pets living with them. Nor can they retroactively prohibit a type of pet that had previously been permitted. However, going forward, i.e. for new tenants, landlords should make sure that their rules place appropriate limitations on the size and type of pets that can be brought into the park. Rules should be drafted broadly to prohibit pets, e.g. breeds of dogs, that have a reputation for aggressiveness, or dogs of a particular size, or both.

Secondly, consistency is important. That is, landlords should be careful not to make exceptions or ignore violations of the pet rules. Otherwise, the landlord will be accused of either being arbitrary or "playing favorites." Selective prosecution of tenants for violation of the pet rules does not play well with judges and juries.

Lastly, in all cases, landlords should make sure that their tenants sign pet agreements for their animals. Oregon law expressly permits this. The MHCO agreement follows the statutory guidelines and assures that the tenant has liability insurance coverage. It also permits landlords to assess fines for violations of the rules.

Question: In reviewing the new form 2A, the Retail Installment Contract, does it act as the security agreement on the home, or is there something else that must be filed? Where is the security agreement filed?

By Zach Koucos

Director, Holliday, Fenoglio, Fowler (HFF)

The second half of 2016 and early 2017 signaled a great amount of uncertainty regarding the future of fiscal and regulatory policy in the United States. While everyone is trying to figure out what the impacts of policy changes by the Trump administration will be on the economy, the stock market has surged and interest rates have climbed. Both of these occurrences reflect a positive reaction to the election in the financial marketplace, however the effect on real estate and income property values remains a concern for owners.

Higher interest rates certainly impact the feasibility of borrowing money, which in turn affects the purchasing power for real estate acquisitions as well as property values. Most fixed rate lenders price their loans based on US Treasury yields. Many borrowers have been focusing on rising benchmark interest rates, however the good news is that US Treasury yields today are still far lower than their long term averages. As of March 7, 2017, the 10 year US Treasury yield stood at 2.51%, compared to 1.83% on November 7, 2016, the day before the election. The 10 year US Treasury yield began 2016 at 2.24%, and 2015 at 2.12%. To provide some perspective, below is the average yield on the 10 Year US Treasury during the last 5 decades, and so far in the 2010's:

1961 - 1969:  4.73%

1970 - 1979:  7.50%

1980 - 1989: 10.59%

1990 - 1999:  6.67%

2000 - 2009:  4.46%

2010 - 2016:  2.38%

We have definitely enjoyed some very low interest rates over the last few years, which has benefitted borrowers and helped to support increasing property values. Most economists are predicting that ultimately Treasury yields have to return closer to these long term averages shown above, citing the Trump administration's mix of reflationary policy initiatives. Rates can always go down in the short term, however if the United States is successful at growing nominal gross domestic product (GDP) over the next few years, Treasury yields could likely follow. Given this outlook, today's still historically-low interest rate environment offers an extraordinary opportunity to evaluate your near and long term financing objectives.

Notwithstanding recent volatility due to the political climate and rising interest rates, the marketplace for income property financing remains very healthy, with no shortage of capital. Lenders remain optimistic for 2017, and most are planning to equal or exceed their loan origination volume from 2016. This includes lending for manufactured home communities (MHC's), an asset class of ever-increasing interest to capital providers. Volatility forces commercial lenders to gravitate towards lower risk, stable, income-producing real estate. Manufactured home communities are increasingly high on their lists, since the cash flow is consistent and demand for affordable housing is strong.

Numerous institutional and private owners of manufactured home communities and other commercial real estate have taken advantage by locking in historically low fixed rate loans. In several cases, refinancing existing loans with prepayment penalties still made economic sense given the savings realized with today's low interest rate financing. If you've been considering a refinance to lower expenses, access additional capital to fund overdue projects, or facilitate additional acquisitions, it's still a great time to take a look at the programs available in today's market.   

The pool of varying capital sources deepened even further in 2016. Lender demand for existing, stabilized real estate transactions remains strong, despite escalated regulatory practices imposed on the industry. Over $1 Billion in commercial real estate loans will be maturing daily through the end of 2018, and the necessary lender appetite is present to service this need. Owners of manufactured home communities will benefit from this activity, as the capital marketplace for MHC's continues to expand and lenders are seeking to deploy capital on lower risk housing assets.

An overview of community financing options for 2017:

As a result of Dodd-Frank Wall Street reform policies and Basel III regulations imposed on banks, construction and high risk" lending is tightening. Thus