legal comparison between manufactured/mobile/modular homes

[Liz Maitia]

I recently purchased property (20 acre parcel) from a private owner who told me i could put a manufactured home on the property, but he would have to approve the plans first. After the purchase I recieved th CCR's (which were written by this same owner) which stated no mobile or modular homes. He assured me again that a manufactured home was fine. Since then, several of the property owners who purchased property from this individual have hired an attorney to stop him from approving mobile/modular homes. He has explained to these property owners that our manufactured home which will be set in the ground on permanant foundation is something completely different. When he wrote the CCR,s in 1989 he was refering to the moveable mobile/modulr home with aluminium sidding. I believe that the legal classification of a manufactured home is different than that of a mobile or modular. I need to know if there are in legel docs on this info or perhaps similar legal cases or restictions that dont allow manufactured but allow modular homes in certain areas. Thank you for any info anyone can provide, (ASAP- we have a matter of days to respond to the lawyer). Sincerley Liz

[Annaz]

Basically, a mobile is a manuf home. Although we know what he meant, unless it states the differences specifically somewhere, in my opinion the property owners have a good fight. Although it makes absolutely no sense to me, why he wouldn't want modular or mobiles but will take a manuf home. Modulars are actually better than manuf and mobiles.

The legal classifications of Manuf homes and mobile homes are one in the same as they're built by HUD codes. Mobile homes basically changed their name to Manuf since they've gotten sooooo much better. Modulars are different as they're built to UBC standards. I know there are places that will only allow modular homes and not manufactured homes. The modulars are built in a way to get around certain city zoning regulations and in essence can be appraised and compared to site-built homes. Manuf homes cannot.

Sounds like he just basically changed his mind to make the sale. And it makes no difference who wrote the CCR's. You can change the CCR's, but it takes a certain percentage of property owners to do this. Good Luck

[rmurray]

Legal definitions very by state...But most accept the legal definition of the federal law...

Manufactured Homes: These are homes built entirely in the factory under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) went into effect June 15, 1976. Manufactured homes may be single- or multi-section and are transported to the site and installed. The federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality. The HUD Code also sets performance standards for the heating, plumbing, air conditioning, thermal and electrical systems. It is the only federally-regulated national building code. On-site additions, such as garages, decks and porches, often add to the attractiveness of manufactured homes and must be built to local, state or regional building codes.

Modular Homes: These factory-built homes are built to the state, local or regional code where the home will be located. Modules are transported to the site and installed.

Mobile Homes: This is the term used for factory-built homes produced prior to June 15, 1976, when the HUD Code went into effect. By 1970, these homes were built to voluntary industry standards that were eventually enforced by 45 of the 48 contiguous states.



It can be argued..that a manufactured home can go on this land...but a 1 Million dollar modular cannot...how dumb..

This is not a place for you to get legal advice...You should talk to an experienced legal attorney in your area...These kind of deed restrictions are regulated by the civil courts and the actual interpretation will be dictated by case law in your state...That is the rulings of courts in the past on this type of issue in your state..It would not be unusual for a court to have ruled that mobile home equals manufactured home...even "no trailers" has been interpreted to mean no modular homes in some states..

If I were you I would be careful...Your enjoining property owners can in most states take you to court and force the removal of your home if the courts find in their favor...Even if you win..it could cost you thousands in defending yourself...Also...the developer probably would have incurred some damages if he has misinformed you to get you to buy the property...even if he did it just from misinformation..

This is the reason all folks should have legal advice when buying real estate...

[Mark]

I'm curious as to why you would let the seller of the property dictate what you could put on it?

That's usually left up to the county/state zoning boards, which have the final say so in what can go where.

[Kevin C]

What is a CCR?

[Annaz]

Covenants, Conditions and Restrictions. Can be set up by the owner of a bare parcel of property previous to the resale of divided parcels. Homeowners Associations have CC&R's ...regulations for living in your neighborhood, but not all CC&R's have Homeowner Associations.

[rmurray]

Most subdivisions have some sort of deed restriction as to what can be built on the property...Some allow the original developer to approve all homes...some allow the homeowners committee to do the same..

Subdivision covenents can be VERY sever in some places...Some even dictate every plant...drive way..some even require approval before you paint your home just to be sure the colors will fit the neighborhood look...

The main point is...most folks should get good legal advice before buying the property..