Park manager Interference

[Walter]

Hi Folks,

I am currently experiencing interference from a Park Manager in the sale of a MH. I have had 2 contracts for sale interferred with and am at my wits end. I feel that if I had Mother Teresa for a Buyer she would be denied. I am helping a friend but I cannot pay Lot Fees on an empty MH any longer (4 Months already).
Manufactured Homes Communities, beware!, as this is the Sam Zell Corporation that runs the Park. Can anyone recommend a Mobile home attorney in Pinellas County that will represent Private Owners, as I feel frustrated and this is Wrong and I believe Violates FS 723.059

Thanks for any information, assistance,advice, or referrals,

Walter Kaminski (727)656-1155 work email [email protected] Home email [email protected]

Ps They seem bent on stopping any sale and want to foreclose to 'steal' my personal property after preventing me from selling.

[sheila]

Get an Attorney. I've seen this so many times in certain Communities, sometimes because of ill feelings between owner & manager. Sometimes just made no sence. Sadly, here in Mi. the don't have to tell you why your denied residency

[Tracey]

What type of interference is the park manager doing that is effecting your sale. I know in the community I'm at, all buyers have to be approved to live in the park. If they are not approved, then they can't live there. Could that be your problem too?

[Mortman]

Alot of communities have park managers that also work for the developer who may have their own in park sales. Is this possibly the situation? You would definetely have a case. In older communities some managers can be downright political. However, without your buyers consent you cannot find out why you're buyer was denied at least in some states. Advice, get as much info that you can get out of a potential buyer thrugh a good rapport regarding their backgorund.

[Walter]

Yes, The PM also Runs CAREFREE Sales and has a conflict of interest, going so far as to tell my last buyer that they could not buy my MH in that "Section" and and then attempt to sell them their homes (The ones they have foreclosed on People to Get) in the Park.

I get the feeling there are 2 sets of rules, and I am frustrated and bitter. I know if they are getting a Commission or a Sale, the rules are flexible, however for Private Sellers they Make it a difficult and lenghthy process. It seems that they would rather people just give them MH's and make it difficult to sell so people will.

This is apparently pervasive in the Market, PM’s employed by Park who sell Mh’s for Employer as well as List them for sale for Commissions. I am currently in a bind with this tortious interference to the point I am facing walking at a $3k loss due to the stress and aggravation. The PM has denied someone based on their credit saying that the credit reporting agency tells them Deny/Accept and they have no say so in the Acceptance/Denial. The PM has gone as far as removing my For Sale Sign, stealing my metal Open House Sign placed in my Planter.

I agreed to help a elder friend sell this MH, realizing that this could be a Win/Win/Win/Win Situation. My Friend Wins by getting $1k Cash and quick sale. Park wins by my paying lot fees in interim. Buyer wins with Below market Price of Nice home and Financing. My Win was creating a Note for investment, a possible nice return, and Helping a Friend whom I had done business with before.

Here in Florida there are mainly 55+ Parks that are allowed by HUD to have up to 20% NON 55+ (A big Plus when Selling) The Corporations will refuse to give this % when asked. I recently pressed and was told by Manager that the number was currently 15%. The PM’s will use this AGE discrimination for their benefit but Try to Use it Against many Buyers and Private Sellers who would otherwise be qualified. Also, when you send your hard Earned/Marketed/ Advertised CUSTOMER in to the PM for Application and Approval, and they will try to Sell Your buyer one of their MH’s. Putting it lightly this is a conflict of interest, or bluntly… Tortious Interference. They will prevent a sale, force people to Foreclosure, Ruin their Credit with a Judgement and then take the MH and Sell it themselves.

They are aking which home you plan to buy before they give the prospective buyer an application to the park. One way people were avoiding this interference was to express interest in their MH’s, Get Approval, and then say they wanted another from a private seller. Since they want to know which home people are buying and unknowing people will say which they want to buy and its like being BlackBalled/BlackListed? I have always paid my lot fees, Sellers, and done what I said I would, however, I have to cut my losses and will not be paying $410 Lot Fees knowing that no matter what I do they will find a way to thwart my efforts. Yesterday, 1/3/03, a Very Nice Lady and Cash Buyer went to apply and when queried which lot she was interested in, the Secretary stated to her “I don’t know if the Manager will allow a 43 Year old in that SECTION of the Park” and the PM was in a Meeting, her calls went unreturned.

The Title is in my friends name and I have a power of Attorney from DMV to transfer Title, I gave friend $600 and told Her I would give her an Additional $400 when it was sold. The Park Manager has turned this into a LOSE/LOSE/LOSE/LOSE situation. Well, maybe the Park won’t Lose, but I hate to leave my friend holding the bag either, I have done the Best I could do…

Ironically, this Conglomerate REIT, MHC Corporation is headed by Sam Zell who Co-donated $10 Million dollars to start the Entrepreneurial School at his Alma Mater University of Michigan (http://www.zli.bus.umich.edu/). His Self-proclaimed Moniker is the “Grave Dancer”, apparently reaching Billionaire Status isn’t enough, his agents are dancing on the graves of his Senior Customers and Residents also. Potential Buyers see the interference and realize they will have the same hassles when they attempt to sell. The Park has Had Numerous sets of managers over the last few years, and FAIR, FIRM, and CONSISTENT has NOT been the Policy. The Park Manager, currently Marie Wiberg, has been changed in East Bay Oaks more often than they changed their underwear, each one with their own spin, with the latest overzealous to “Clean the Park Up”, changing policies to the detriment of their customers/residents (Aren’t the rules, guidelines,and policies supposed to be the operational foundation and NOT subject to the PM’s Whims, Prejudices, and Maliciousness?).Manufactured Home Communities, INC. “Operates” many MHP’s in many states so BEWARE, it could be your Sister, Mother, Grand Mother, or Friend they cause this grief to.

Any Suggestions, Ides, Input, or Help at all is Graciously appreciated. Apparently that $10 Million Dollar Entrepreneurial Building/Foundation does not espouse and subscribe to the principles of treating our Brothers Fairly and “How to Win Friend and Influence People”, “The Magic of Thinking Big”, “Think and Grow Rich”, are not in its library. As Muhammed Ali said to Sportscaster Howard Cosell “Howard, your service to others is the rent you pay for your space on earth” I don’t have $10 Million Dollars to Donate, however I Have a Thick Book w/ CD on ETHICS, I would gladly donate, due to the extreme need.

Walter Kaminski


Thanks,
Walt
PS. This is a Large Corporation Manufactured Homes Communities (MHC) Listed on the NYSE, that sells shares (REIT) to small investors and relies on them, then Slams small investors quietly in their business practices.

[Mortman]

I would contact your states Manufactured Housing association and even possibly write your congressman. Any park manager who also sells homes needs to make a choice or get fired for conflict of interest. I live in a state where this also a huge problem. Good Luck.

[D. Abben]

In addition I would ask your state association about the LISCENSING OF SALESPEOPLE!!!!!!!!!!!!!!!!!
This is quickly becoming a hot topic as there is currently nothing in place to regulate the practices of dealerships and their salespeople in the manufactured housing industry. Fraud and misrepresentation(conflict of interest) by dealers/salespeople are at an all time high in every regard. Because it is so political no one has the courage to do anything about it. It is completely a good old boy network.

Every other industry is regulated by liscensing, why not force manufactured housing to do the same????

[cdebaets]

I am a park manager and we have our in park sales program too. it is unethecial for a manager to interfer in a sell of a resident. I used to work for MHC, INC. They are a good company and would not condone such mannerisms.

You need to contact the Regional Manager of your Community and ask them to help you out. That person will do all they can. Be nice when you talk to he or she, and explain all that has gone on and they will research the problem.

Let me know how you come out.

[Walt_FL]

Hi,

I have spoken with the President Howard Walkers Secretary in Chicago, then the Regional Manager Chuck Crook called, nothing was done. I am still trying to sell it before they force an Eviction/Foreclosure, but feel they will find a reason not to approve my next buyer or steal/steer another to the Homes they Repossessed and are selling themselves. This Park Manager is Salesperson, Regional Manager, Park Manager, Enforcer, Harrasser, however one thing this Foreign Corporation has NOT been is Fair, Firm, and Consistent in the application of Federal Fair Housing Rules or their own rules and policies.

I still have not been given clear qualifications for a buyer, other than the continued manipulation. We have been apologizing to Buyers, Our Buyers apologizing to us, our Elder Friend is apologizing to us, we are apologizing to our elder Friend, all uncalled for, very depressing... I'm Miffed!

Unfortunately, their Golden Rule is not "Treat others as you would have them treat you" seems more like "I have The Gold, I make the rules". People (Customers) should not be treated this way by a business, these actions are clearly unethical, immoral, and unnecessary.

The Park manager says she is there to "Clean Things Up". After years of inconsistent policies, frequent new park managers, now she is cracking down. I don't know if she is on orders from above, this is their business plan, or she is out of Control. What I do know is that many have been damaged, financially and emotionally.

Walt

Ps Thanks for the replies, this has been more consuming than I had ever imagined, your posts are helpful.

[Jon]

Walt:
Although not all managers are unethical, the few that are give the entire industry a bad rap.
It has been a long time since I have read Florida law regarding a situation such as you describe. I do remember, though, that Florida laws were very similar to the laws in New York. If that is still the case, there should be a state agency that oversees the enforcement of the laws (here it is the Attorney General and the Dept of Housing). Ask the research/reference desk of your local library to conduct research on the matter.
Also, contact a qualified attorney who is knowledgeable in this area. If you have documented you efforts with the park manager you may be able to gain some legal leverage. Sometimes the mere fact that you obtained an attorney is enough to cause such a manager to back-peddle.