The Conference will begin with golf June 12th at 8:00 a.m. at the Whirlwind Golf Course. Then at 2:00 p.m. the bus will be leaving for a tour of Champion Homes, which will also sponsor our Welcoming Reception after the tour.

Presentations will be from 8:30 a.m. to 5:00 p.m. on Thursday, June 13th and from 8:30 a.m. to 3:30 p.m. on Friday, June 14th.  Our speakers will include MHCA Attorney Michael Parham, Attorneys John Buric, Doug Nelson and Scott Williams, Employment Attorney Denise Blommel, a representative from the state Office of Manufactured Housing on installation issues, and Randy Johnson of Valley Vistas Management.  We are offering many different topics for manufactured/mobile home and RV park owners and managers.  Be sure to watch your mail and azmhca.com for more information.

If you are interested in being an exhibitor, please

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 Click here for registration

Click here for golf registration

Do you lend and or originate loans on manufactured homes?

New FinCEN Rule for Residential Mortgage Lenders and Originators

See attached for more information

More information and registration

If you have a website for your community, adding one of our banners will add a link to the MHCA website. This is especially useful if you plan to use the Home Listings Feature on our website.

Schedule for 2011-2012

Registration Form

Parking Information

We held a CE Class in Tucson, Arizona on Tuesday 10/18. Josh Johnloz from MHC Sitebuilder LLC demonstrated the use of our new website and answered questions from the attendees.
You can view videos of the demonstrations at http://azmhca.com/website-instructions

During the demonstration we used Google to search for a few phrases as well a the titles from our member directory. Our results were very high on the search results. This is exciting and shows that our website is working very well. Especially since the site has only been live for about 2 months.

Search for “manufactured home comunities arizona”                       Link to Google Search
Search for “Alma Gardens Mobile Home Park”                                 Link to Google Search

It is very important for you as a community owner or manager to update your Member Directory listing, particularly the Title. In the search above “Alma Gardens Mobile Home Park” is the exact text that is entered for the title, so be sure that the title for your listing is accurate for your community. If you want to get started right away, contact the office and we can give you the password over the phone.

Thanks again to everyone who participated in the CE Class.

2013 Registration

Phase I: Property managers and other personnel employed by the community must undergo training which typically includes education on preparing the property so it does not attract crime; applicant screening; a crime free addendum which should be added to all rental agreements; warning signs of illegal activity and the action to be taken in such circumstances; and crime prevention through environmental design.

Phase II: A representative of the Law Enforcement Agency will inspect the property for Crime Prevention Through Environmental Design and general appearance. The Design security requirements may include applicant screening; a crime free addendum to rental agreements; enforcement of community rules that should include Crime Prevention Through Environmental Design requirements; and lighting and landscaping in the community. Crime Prevention Through Environmental Design requirements may include such things as the maximum height for hedges located near home windows and a specific level of lighting available at night in the community.

Phase III: After successfully completing the first two phases, typically the community will hold a meeting for its residents and have a representative of the Law Enforcement Agency available to explain the Crime Free Housing Program. Upon successful completion of all phases, a community can post Crime Free Housing Program signs on the property and may use it in advertisements.

Since the “Blue Ribbon Community” designation is the only state distinction available to manufactured home communities, it can offer the communities significant benefits. The “Blue Ribbon Community” designation provides community owners with a unique tool for assessing customer satisfaction, attracting new residents, promoting the community lifestyle and a way to enhance the value of the community. Manufactured home owners and residents within a “Blue Ribbon Community” receive similar benefits of resident pride and home value. The “Blue Ribbon Community” designation is available to all manufactured home communities, regardless of age or size. Each community is evaluated on its own merits. Any owner that takes pride in their community and strives for excellence in property management, maintenance, training and resident satisfaction can be assured that the “Blue Ribbon Community”— designation could be theirs.

Program criteria includes:

1. Physical Property Inspection — evaluated on the physical appearance and condition of the exterior and interior of the common buildings and other structures, landscaping, streets and sidewalks. The evaluation is completed by representatives from MHCA and AAMHO;
2. Resident Satisfaction Survey — a confidential questionnaire designed to allow residents the opportunity to rate the community features, services and management. The Community is required to give each resident a copy of the survey and a postage-paid envelope to return the survey to AAMHO. Copies of the survey and return envelopes are provided, and the Community must provide the return postage;
3. Manager Education — managers are required to complete Arizona’s Management Training requirements.

The “Blue Ribbon Community” designation is valid for three years. Every three years a community must become redesignated to maintain its “Blue Ribbon Community” certificate or use the logo. Requirements for redesignation are the same as the initial designation. The “Blue Ribbon Community” designation is non-transferable. In the event that the community is sold or that controlling interest in the community is transferred, the “Blue Ribbon Community” designation becomes void. Owners who wish to achieve the “Blue Ribbon Community” designation are required to apply to MHCA, pay the application fee and complete the three part program procedures.

If you have any questions or would like to apply for the “Blue Ribbon Community” designation, contact MHCA at 480-345-4202, 800-351-3350 or e-mail us at info@azmhca.com.

Few things have been as controversial in recent years as tree maintenance responsibility in mobile home parks.  Trees are expensive to maintain.  Mexican fan palms are common in parks and can grow to 100 feet.  They get messy, need annual trimming, and climbing one takes the right equipment and a good dose of courage (or insanity).  Maintaining one can be expensive.

Other trees can also be expensive to maintain.  The bigger the tree, the more expensive it is to keep up. Many parks require tenants to maintain trees on their rental spaces.  While some parks still do it because they want to control tree appearance and are concerned over safety and liability problems, others require tenants to cover the expense under the theory that the tree is part of the space and the deal the tenant makes when moving in is to maintain the entire space.

The law has always been pretty clear on who is responsible for maintenance, or at least it was until 2007.  Section 33-1434 of the MHP Landlord Tenant Act requires landlords to maintain the “premises”.  Section 33-1409 defines “premises” as the entire park.  But section 33-1451 of the Act requires tenants to maintain that part of the “premises” that they rent.  In other words, tenants maintain their spaces; landlords maintain the rest of the park.

In 2007, an ALJ decision in a case involving a Tucson park said landlords are responsible for maintaining all trees in the park.  In my view, that decision was wrong.  The problem with the decision was that it didn’t even mention section 33-1451, the statute that says tenants are to maintain their spaces.

There were no lawyers involved in that case.  The park decided to represent itself and did a lousy job of it.  It was obvious that the judge had not been told of the existence of section 33-1451.  It was equally obvious that the judge had not found that statute on his own.

For three years after that, AAMHO circulated the decision to local park chapters and in park after park tenants began demanding that landlords maintain trees on rental spaces.  Many parks gave in.  The decision was also published in the AAMHO newsletter that goes to its members.

Finally, in 2010, a new ALJ case was filed by tenants in another park in Tucson.  That case boiled down to the single issue of whether the landlord or tenants were required to maintain trees on rental spaces.  I represented the park in that case and argued the points made in this article.  I asked for a clear ruling taking into account not only the 2007 decision but also the statute not mentioned in that decision, section 33-1451.

The new decision has been released.  The case is Crouse v. Rincon MHP.  The decision makes it crystal clear that tenants are to maintain trees on their spaces and the landlord is to do so in the rest of the park.  The money quote appears at the bottom of page 3 of the decision:

9.  The Petitioners in this matter failed to establish that the applicable law requires the mobile home park landlord to be responsible for the maintenance of the space once it has been rented to a tenant.  To the contrary, the tenant has this responsibility, which includes the responsibility to trim the trees that grow on the rented space, regardless of who planted them.

Tenants may claim that they will simply cut the tree down rather than take care of it.  Landlords should be aware that the duty to maintain means the duty to take care of something, not destroy it.  Tenants have no more authority to destroy a tree than they do to destroy any other part of the rental space.

Many parks currently take care of all trees in the park.  This decision does not mean they should stop doing so.  Nothing in the law prevents a landlord from voluntarily caring for trees on rental spaces.  There are many policy considerations supporting a landlord’s decision to maintain all trees.  All this new ruling does is to confirm that such a decision is up to the landlord and is not compelled by the MHP Landlord Tenant Act.

ALJ decisions do not set legally binding precedent.  Other judges in other cases are not required to follow them.  But in this industry they are routinely used to give both landlords and tenants guidance in how our laws work and informally have some precedential value.  In any event this new decision certainly refutes the 2007 decision which is referred to in it.

I hope that a copy of the decision is published along with this article.  If it is, I suggest that any park that has been targeted with claims that tree maintenance is the landlord’s responsibility, even for trees on rental spaces, reproduce the decision and post it on the park bulletin board.

I do not expect that AAMHO will be publicizing this decision even though its President was present at the hearing.

No 6 Hours of Education? $500 Per MONTH Penalty by State

During the 2005 Legislative Session, the Arizona State Legislature passed Senate Bill 1436, which will become effective August 12, 2005. It contained several changes to the Arizona Mobile Home Parks Residential Landlord – Tenant Act, the law governing manufactured home and mobile home rental communities, including a fine for landlords who do not ensure that their park managers have the six hours of education required by law.

The law, as passed in 2000, states that within six months after employment as a park manager, a park manager shall complete at least six hours of educational programs and shall complete at least six additional hours of educational programs every two years. “Educational programs” is defined as classes, workshops or educational conventions that primarily instruct attendees on issues dealing with the operation of a mobile home park and that are sponsored by a nonprofit organization whose sole or primary purpose is the advocacy and promotion of the rental mobile home parks industry. The law further states the park manager shall post proof of completion and compliance with the educational program requirements in a conspicuous place at the mobile home park.

As of August, 2005, a tenant may file a complaint with the Director of the Arizona Department of Building & Fire Safety (which includes the state Office of Manufactured Housing) if, on request from the tenant, the park manager cannot produce proof of completion of the educational requirements. The Director shall issue a show cause order to the landlord directing the landlord to provide proof that the requirements have been satisfied. If the landlord fails to produce satisfactory evidence of compliance or fails to respond within thirty days after service by certified mail of the show cause order, the Director shall impose a $500 civil penalty, with an additional $500 per month civil penalty to accrue each full calendar month beginning with the second month following service of the imposition of the civil penalty. However, all civil penalties will be exonerated if, within six months after service of the notice of imposition of civil penalty, the landlord furnishes satisfactory evidence of compliance.

If a landlord does not furnish satisfactory evidence of compliance with the educational requirements within the six month period after imposition of the civil penalty, the matter shall be referred to the Arizona Attorney General for enforcement and collection of the civil penalties and a 10% surcharge on the total amount collected. All civil penalties shall be deposited in the state General Fund and the 10% surcharge shall be deposited in the Mobile Home Relocation Fund.

MHCA is working with other stakeholders on Arizona’s proposed new eviction rules. Be sure to watch for updates in your MHCA newsletters early next year.