can I be told to remove my house?

[Cathy]

Let me start by saying my husband and I purchased land in a private community to build a house on. We got all the permits to build our manufactured home, there were some things that needed to be changed in the home to meet community specs. We have our house on a 76 X 30' foundation. The house is 2100 sq ft. (not small) with the basement it is 4200 sq ft. Well, after the house was delivered our neighbors are making a gripe that it is a mobile home and mobile homes are not allowed in the community. They are saying that if the home is not removed they will bring the community and us to court and ask for a judge to have it removed. Can they do this? Can a manufactured house this size on a permanent foundation still be considerd a mobile home? Please help!!!
Thank you,
Cathy

[jgn]

It all depends on the wording of of the zoning laws or covanents. Most cities have zoning laws that are very specific but the best thing to do is consult a real estate lawyer. If the laws say homes must be a minimum of 2000 sq feet and built on site, than yes they have the right to have you move it but you need to determine exactly how the code is written. I looked at one area that stated that no home, structure or part of a home or structure constructed at another location my be moved onto existing property. They don't say no mobile or manufactured homes but they just call it a different name.

[JohnnyJ]

So what your law says is that the doors, windows, AC/ heatpump, etc have to be
built on the site. That's a tough law. I take it that no one has been able to build
anything after that one passed. LOL

[rmurray]

There are two land use issues involved in placement....1 is zoning..government rules and regualtions...obviously this is not a problem because they gave you a permit..

The other are subdivision covanents....This is what you are refering to here...Now you are getting into very legal things...Many subdivisions have covenents placed usually by the original developer to set the character of the community...Many covenents mention terms like...no mobile homes, no trailors, blah blah blah...

By federal law you have a "manufactured home"...If the covenents forbid manufactured homes..you have a major problem...If the covenents forbid "mobile homes" and the covanents were made after 1976...many courts have found that the home you have are not covered (only the federally defined pre hud homes are covered)...Unfortunately some state courts have found differently...Also..most states have defined the terms the same as the federal definition...but not all states changed the definitions at the same time...All of this is very complicated and depends on case law in your state...YOU NEED AN ATTORNEY NOW....

These folks can sue you..this usually happens in a state court that requires they have an attorney and pay upfront filing fees...Most states only allow the homeowners organization, original developer and immediate ajoining property owners standing in the suit..If you are in an older developement with no homeowners organization..developer that has sold out..then only the immediately ajoining neighbors could even bring the suit..

Since this is sooooo complicated..if you get sued...you must have a local real estate attorney involved....Do not wait...get one now and get advice in your situation....

I personally got caught up in a suit like this...we successfully defined in court that terms and won the case...the suit was brought before I delivered my home and the lot was still empty...At the courtroom after I won..the other homeowners offered to buy my lot...They paid my attorney fees (which by the way most states require of the losing party) and offered me a 25K profit on the lot...I took the money...my house would have been nicer than most in the community..By then i did not want to be there anymore..

If you lose...the seller of the property could have some liability...even the attorney I assume you hired when you bought the land might have some liability if they did not inform you of the covenants or lead you to believe that you could put a manufactured home on the property...

[Bobby]

I was told that a Mobile home, Mfg home, When it was set on a foundation, Axles removed , hitch removed, It was no longer a mobile home, This if I ? correct was from HUD? It maybe some states ,countys are different, Belive me I would FIGHT these prx all the way!!!!! We knew some folks who had the same problem, They had got a home owners morgage, It was on a block craw space , They went to court, Showed the court it was a " Home Equity Loan " Had pictures of their home,
Judge said, " This is a home " Dismissed the case, they have lived their going on 10 yrs, Them and their neighbors all are good friends, -But you never know the out come,,, We wish you all the best--DON"T GIVE UP!!!!
Good Bless

[rmurray]

In the law...legal definitions are very important...Under federal law...
1)...a mobile home is a product built prior to 1976 model year...THERE ARE NO MOBILE HOMES ANY NEWER...
2)..a manufactured home...is a home built in a factory and certified to be built to the HUD code...the manor in which it is set does NOT ever change this definition...
3)..a modular home is a factory built home built to the local building code and inspected by local building inspectors....

Some states allow manufactured homes to be taxed as part of the real estate...Every state has different rules as to how this is done...but most actually do not care how it is set up...Most states only require the land owner declare it to be part of the deed...Urban legend in our area often mentions the set up and the removal of the axles...but in our area all that is is legend...

Cases like these are based on case law in the state this land is in..

[sabrina]

first,

i want to say to cathy, i am so sorry. when i was growing up in the ranching community of durango, co, my dad really and truly did 'shake the neighbor's hand across the fence line' and it meant something-it was binding. i didn't meet anyone who didn't hold themselves to their word till i went to college. i wish you didn't have to go through this.

i would like to understand the difference between hud and ubc/ibc? i have heard so many different things my head is swimming.

the last dealer i went to actually started to foam at the corner's of his mouth when i said i wanted the home built to ubc vs hud! it was scary to see someone get so angry at such a request.

maybe it was a dumb request??

sabrina

[rmurray]

The problem with a straight answer is that there are actually 50 different modular laws in the US...
Modular laws are different in each state...where HUD is the same everywhere..

Of course..just like HUD homes..many modulars are built far above the minimum standards required by the code..

[sabrina]

thanks mr. murray,
so, ok, where do i find the hud and ubc laws for my state?
oh dear, i hope that's not another dumb question!!
s

[rmurray]

The HUD code is at..

http://www.access.gpo.gov/nara/cfr/wais ... 80_01.html

Each state will have a department that deals with factory built homes..You seem to be good at moving around governement info...check out the web sites of you state governments...