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May 2012

Web Edition

A bi-monthly newsletter published exclusively for member companies


President’s Award – Ben Shipin, Wallace Home Sales receives his award from CMHI President, Jess Maxcy.

CMHI’s Annual Convention held March 13th-15th at the Pechanga Resort & Casino was a huge success. It was well attended, packed with pertinent industry information, many special events and several CMHI members were honored for their achievements and contributions to CMHI and the industry.

CMHI President’s Award CMHI President, Jess Maxcy presented Ben Shipin, Wallace Home Sales with this years’ President’s Award. Ben and Eileen Shipin founded Wallace Home Sales-a small family dealership in 1998 with offices in Lake Forest. When the business began they were selling just pre-owned mobile/ manufactured homes. Wallace Home Sales began selling new manufactured homes in 2002. They sell new homes

Chairman’s Award – Keith Casenhiser, Bessire and Casenhiser, Inc. is presented his award by CMHI Chairman, Gary Barr.

manufactured by CMHI member manufacturers, Cavco-Durango and Hallmark-Southwest Corporation. Wallace Homes Sales’ mission statement is “to provide seniors and all age groups with the highest quality homes at affordable prices based upon the special needs of our clients.” In 2011, 52 pre-owned homes and 13 new manufactured homes were sold to assist in fulfilling this goal. Since joining CMHI in 2005, Ben has been a strong supporter. He readily volunteers his time and service and often attends CMHI Board meetings. Ben and Wallace Homes are generous contributors to California Manufactured Housing Institute’s Political Action Committee (CMHPAC). Under Ben’s leadership, Wallace Home Sales utilizes creative marketing and dedication to overcome the customary method of manufactured

2011 CMHI Retailer of the Year – Angelo Zunino, Valley Manufactured Homes

home sales. From May 18th through 20th, and financially funded by their own efforts, Ben and his staff will use these strategies by displaying a CavcoDurango manufactured home in the 2012 Orange County Home & Garden Show at the Anaheim Convention Center. Click here for more info. Congratulations to Ben and the entire Wallace Home Sales team on this well earned honor.

CMHI Chairman’s Award CMHI Chairman Gary Barr presented Keith Casenhiser of Bessire and Casenhiser, Inc. with this years’ Chairman’s Award. Keith is the executive Vice President of Bessire and Casenhiser, Inc., a full service property management company that strives to operate mobilehome parks and manufactured housing

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communities to their highest potential. Keith and his longtime partner, Dick Bessire, accomplish this by focusing on quality, honesty, integrity, and accountability. Bessire and Casenhiser manage communities in California, Idaho and the Midwest. In addition to property management, Keith and Dick Bessire are owners of several manufactured home communities. In the real estate business since 1971, Keith began his career as a property manager for a Southern California developer. He managed mobilehome parks, apartment complexes and shopping centers for Fox and Carskadon Management in the 1970’s. Keith has served on CMHI’s Board of Directors since 2006, currently serving as a member of the Executive Committee as Treasurer. Keith is also the current president of Western Manufactured Housing Communities Association (WMA) and has been a long time member of their Board of Directors. He has served on the Idaho Manufactured Housing Association (IMHA) Board of Directors and is currently serving on the Board of Manufactured Housing Educational Trust (MHET) including a term as president. He has been a featured speaker for management education seminars and conventions. He continues to supervise properties in California and Idaho and is a licensed Real Estate Broker. Keith graduated from the University of California, Riverside. He and his wife Susie live in Villa Park and have three children. Son, Chad Casenhiser currently works for Bessire and Casenhiser as a property manager. Keith is a strong supporter of the industry and looks forward to working with the Board of Directors and CMHI staff in the coming year. It is easy to see why Chairman Barr chose to recognize Keith for his dedication and unwavering support and efforts on behalf of CMHI. Congratulations, Keith.

2011 Retailer of the Year Angelo “Angie” Zunino, General Manager – Valley Manufactured Homes Founded in 1967, Valley Manufactured Homes’ in Bakersfield, California has been the number one new sales retailer in Kern County for the last five years in a row. Over the past seven years, 86% of Valley Manufactured Homes’ new home sales have been real property installations. In spite of the recent collapse in real property financing, 46% of Valley’s 2011 new home sales were real property. Angelo Zunino (also known as the Godfather of Mobile Homes) along with his partners Douglas Fox and Leo Stockli have been in business at their current Taft Highway sales center for 44 years. There are several homes on display ranging from 1,000 square feet to a model that boasts 3,600 square feet, has ten foot ceilings and looks nothing like a mobile home. While maintaining a retail sales center of this magnitude has sometimes been difficult in tough economic times, it is through this tireless effort that over 8,600 homes have been sold. The success of Valley’s real property sales is their dedication to managing the sale of the home through the installation process. A big advantage for their new home owners is that they don’t have to deal with the subcontractors; Angie and his crew monitor that process closely through completion. “We’re like a one stop deal, you only have to deal with one person here,” says Angie. “On site, you don’t deal with the water people or the septic people, we handle all of it. If you have any concern you can call Valley,” Angie added. Valley Manufactured Homes has routinely been recognized for their outstanding customer service. In 2006, Valley received the Customer Satisfaction Award from CMH Manufacturing (Clayton Homes) and has received it year after year and has achieved a 94.4% customer

satisfaction rating. Valley has also won five customer satisfaction awards from Fleetwood Homes. As a founding member of CMHI (member since 1986), Valley Manufactured Homes has also been a member in good standing of the Better Business Bureau since 1974. Referral business from satisfied customers has much to do with Valley Manufactured Homes’ continued success. CMHI is proud to honor Valley Manufactured Homes as Retailer of the Year in recognition for their highest standards of professionalism, competency and integrity in their business practices. Congratulations to Angie and the entire Valley Manufactured Homes team.

CMHI Lifetime Achievement Award J. C. Strutzel, Chairman of the Board of Express Escrow Company, was the recipient of CMHI’s Richard R. Percival Lifetime Achievement Award. Accompanied by his family, Express Escrow staff and numerous friends, J.C. was recognized for his achievements and contributions to the manufactured housing industry and CMHI. J. C. will always be remembered as our very own “Inspector Clouseau”. He has spent many tireless hours and energy to ensure that the industry maintains a level of integrity and honesty in its accepted business practices. Sheila Dey, Executive Director of WMA, spoke fondly of her years of working with J.C. and tackling tough legislative issues affecting the industry. J.C. was presented with his award by good friend and former CMHI President, Bob West. The highlight of J.C.’s award presentation was a video presentation by his son, Jesse along with his wife and baby son, sent remotely from Hawaii. It is clear to see why J.C. is so loved and admired by many.

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Jack E. Wells Memorial Award Joe Stegmayer, President and Chief Executive Officer of Cavco Industries, Inc. was presented with the 2011 Jack E. Wells Award for his long-term outstanding services to CMHI and the manufactured housing industry. Surrounded by his family, Cavco associates and industry friends, Joe’s presentation began with a video “congratulations” from close friend, Jack Hanna who detailed Joe’s

numerous philanthropic activities. Kevin Clayton, President and CEO of Clayton Homes sent a personal greeting filled with praise for Joe’s previous service to Clayton Homes and extended service to the manufactured housing industry on a national level. Joe was presented his award by the always entertaining, Barry Cole whose tribute to Joe for his service and accomplishments to CMHI and the industry, but also as a personal friend. During his acceptance speech,

Joe highlighted his life and career in a special power point presentation. Joe was presented his “Ring of Honor” by CMHI President Jess Maxcy and joined over 17 former Jack E. Wells Award Recipients for their annual photo. CMHI wishes to congratulate all of these CMHI members for their accomplishments, their service to CMHI and unfaltering efforts to provide high quality affordable manufactured housing to American families.

Jack E. Wells Memorial Award Alumni Congratulate Joe Stegmayer

Top Row-Left to Right: Ben Nelms-1986; Craig Fleming-2002; Gary Barr-2001; Bill Nelson-2006; Joe Stegmayer-2011; Barry Cole-1999; Ed Evans-1990; Bob West-1985; Jess Maxcy-1992 Bottom Row-Left to Right: Russ Williamson-2008; Duke Edmundson-1980; Joe Tobey-2005; J. C. Strutzel-1988; Alfia Taylor-2000; Vicky Derieg-1991; Gordon Collins-1971; Sam Riela-2003

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2012 Annual Convention & Wells Banquet Sponsors CMHI would like to extend its utmost gratitude to the following companies for their generosity in supporting the 2012 Annual Convention and Wells Award Banquet:


CMH Family of Brands - Golden West, Karsten, Marlette & Schult

Snell and Wilmer


Southern California Edison

21st Mortgage Corp. �

Drew Industries, Inc.

Advantage Homes

Champion Homes/Silvercrest

SILVER SPONSORSHIP · Alpert, Barr & Grant, APLC �

Express Escrow Company �

U S Bank

Arizona Housing Association

California Southwestern Insurance � Manufactured Housing Insurance Services � Monarch Mobile Homes · Skyline Homes

BRONZE SPONSORSHIP · Bessire and Casenhiser �

Triad Financial Services

Cavco Industries/Fleetwood Homes � C U Factory Built Lending �


Home Quest

DanKat Industries

J & H Asset Property Management

CMHI ANNOUNCES 2013 ANNUAL CONVENTION The Pechanga Resort and Casino in Temecula will be the host site for CMHI’s Annual Convention, March 13th – 15th, 2013. Please mark your calendars so you don’t miss this special event. The 2013 event kicks-off on Wednesday, March 13th with the Board of Directors’ Meetings and the Welcome Reception. The Annual General Membership Meeting and Awards Luncheon will be held on Thursday March 14th. On Thursday evening, CMHI hosts its Annual Jack E. Wells Memorial Awards Banquet. This year’s honoree selections will be announced at CMHI’s 2012 Holiday Open House on December 6th at The Mission Inn Hotel & Spa.

Eagle Mobile Home Center

On Friday, March 15th tee times have been reserved for those who dare to play Journey… Pechanga, a world class golf course 10,000 years in the making. CMHI convention attendees will enjoy $99 w/cart discounted green fees. Sleeping rooms are available at Pechanga at CMHI’s special room rate of $119 per night, single/double occupancy. To make your hotel room reservations:


For information, please call Kim or Connie at (909)987-2599.

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2012 California Industry Legislation BILL




AB 317 Mobilehomes: (Calderon, C.)

Revises the conditions under which a tenancy in a mobilehome space within a mobilehome park is exempt from a local rent control ordinance, rule, regulation, or initiative. Makes the exemptions applicable when the mobilehome space is not the sole residence of the mobilehome owner. Specifies the evidence upon which management of a mobilehome park may rely to determine whether a residence is the mobilehome owner’s sole residence.

Senate Judiciary Committee * Feb. 16, 2012

Watch Two Year Bill

AB 505 Housing programs: Audits (Harkey)

As amended, this bill would require the State Auditor’s office to perform an audit of the Department of Housing and Community Development every four years.

Two Year Bill Senate Rules Committee* June 16, 2012


AB 579 Mobilehome Parks: Liability: Attorney’s Fees (Monning)

Permits the award of attorney’s fees and, in some cases, other litigation expenses, to a local governmental entity in an action brought by the owner of a mobilehome park to challenge the validity or application of a local ordinance, rule, regulation, or initiative measure that regulates space rent or is intended to benefit or protect residents in a mobilehome park, if the local governmental entity is determined to be the prevailing party.

Assembly Judiciary Committee* Feb. 1, 2012

Watch Two Year Bill

This bill is currently a “spot” bill. A “spot” bill is a placeholder for AB 928 legislation that is yet to be determined. This bill will likely be used as Housing and a vehicle to introduce housing related legislation. Community Development: Mobile Home Parks (Wieckowski)

In-Active Feb. 1, 2012


SB 149 Mobilehomes: (Correa)

Assembly Committee on Housing & Community Development* April 12, 2012

Watch Two Year Bill

In-Active August 30, 2011

Support Two Year Bill

Makes a technical, nonsubstantive change to the Mobilehome Residency Law which governs tenancies in mobilehome parks and imposes various duties on the owners of mobilehome parks and the agents and representatives authorized to act on behalf of the owners.

Amends Business and Professions Code Section 10131 and adds SB 376 Real Estate Brokers 10131.8 to allow property management companies who manage properties for a fee and are already required to be licensed as real (Fuller) estate brokers by the Department of Real Estate (DRE), to make these used mobilehome loans under their DRE broker license and an MLO license instead of having to acquire an additional license as a finance lender by the Department of Corporations. * Location of Bill as of this date.

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All CMHPAC contributions are strictly voluntary.

• Corporate checks CAN be used for PAC

contributions in California according to law.

Corporate contributions are permissible in California according to law.

There is no federal or state deduction or tax credit for PAC contributions made by businesses or individuals.

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$150 Annually


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Contributions to a PAC by individuals or corporations are limited to $6,500 per calendar year. Contributions of any amount are appreciated.

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The Fair Political Practices Commission (FPPC) REQUIRES the following: ___________________________________________________________________ Name ___________________________________________________________________ Employer ___________________________________________________________________ Address City, State, Zip ___________________________________________________________________ Occupation (If individual) ENCLOSED IS OUR/MY



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Page 9 to-date sales by one of our largest lenders revealed that over 50 percent of their loans would have been considered high cost mortgages by the Home Ownership and Equity Protection Act (HOEPA). As a result, those loans most assuredly could not have been made had the HOEPA limits been in place. The following are excerpts from an analysis prepared by the Manufactured Housing Institute:

By Jess Maxcy CMHI President

H.R. 3849 – The Preserving Access to Manufactured Housing Act Introduced on January 31, 2011 by Gary Miller (R-CA), Joe Donnelly (DIN) and bill sponsor Stephen Fincher (R-TN), H.R. 3849 seeks to “reduce regulatory burdens that impede access to affordable manufactured housing financing.” * The Preserving Access to Manufactured Housing Act is focused on two issues: 1) Reducing the threshold by which small balance manufactured home personal property loans are considered high cost mortgage loans. 2) Clarifying that persons selling manufactured homes who are not engaged in the business of originating residential mortgage loans and do not perform the acts of a mortgage loan originator (MLO) are not defined as such.

Impact of the Dodd-Frank Act on Manufactured Housing • Dodd-Frank imposes new standards on mortgage lending designed to cure abuses in the real property mortgage market. However, the Act would have the unintended consequence of limiting the availability of credit for low-cost affordable housing, including manufactured homes. The vast majority of small balance loans used for the purchase of affordable manufactured housing would be unfairly classified as predatory – “high-cost mortgages”.

• Without recognition of the unique

pressures associated with manufactured housing finance, Dodd-Frank’s “high-cost mortgage” provision lumps small balance loans – particularly loans used to purchase affordable manufactured housing – into the same category as subprime predatory real property mortgages. While crafters of Dodd-Frank recognized large multi-national banks and small community banks could not be regulated in identical ways; the same realization was not reached for mortgage loans.

• A $250,000 loan and a $25,000 loan

cannot be regulated in the same way. While the cost of originating and servicing these two loans are the same in terms of dollars, the cost While clarifying the definition of a as a percentage of each loan’s size MLO may be viewed as a cleanup is significantly different. It is this issue, the section dealing with high cost difference, along with differences mortgage loans is of vital importance in the costs of funds that cause the to current and future home owners, smaller sized loan to violate caps in especially those in the resale market. the Act can be categorized as “highcost” or predatory. For example, a recent audit of year• Among manufactured homeowners, Support for H.R. 3849 is extremely important for our industry.

potentially millions of families could see the equity they have built in their home wiped out. Because of this change in Dodd-Frank, small balance loans needed by those purchasing or refinancing existing manufactured homes could be essentially regulated out of existence. This is due to the increased liabilities and stigma associated with making a HOEPA “high-cost mortgage”. Lenders would simply stop making these loans, potentially cutting off a source of financing for half of the nation’s nine million manufactured homes.

• For a variety of reasons, most of

affected buyers - who are primarily low-to-moderate income - would have few alternatives of purchasing a home including: °° traditional mortgage financing is not readily available to most manufactured home buyers; °° availability of government-insured and GSE programs is limited; °° personal property lending is

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EXPRESS ESCROW COMPANY EXPERTS IN PERFECTING TITLE FOR PARK-OWNED HOMES California’s leading authority on technical issues concerning manufactured housing title and escrow

Mobile/manufactured home and mobilehome park sales and refinance escrows

Statewide service 7812 EDINGER AVE. SUITE 300 HUNTINGTON BEACH CA 92647 (800) 669-6925 FAX (714) 848-9174

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Calendar of Events

ViewPoint continued...

2012-13 CALENDAR OF EVENTS May 5th ~ 12th WMA Spring Seminar Grand Wailea Resort Maui, Hawaii Contact Regina Sanchez 916-448-7002 June 3rd ~ 4th CMPA 2012 Parkowner Symposium Bellagio Resort Las Vegas, NV Contact CMPA 949-380-3304

• The manufactured housing market

June 7th CMHI Board of Directors’ & CMHI Foundation Directors’ Meetings Northern California Chapter Meeting Holiday Inn Capitol Plaza Sacramento, CA Contact CMHI 909-987-2599 September 13th CMHI Board of Directors’ & CMHI Foundation Directors’ Meetings Southern California Chapter Meeting Costa Mesa Marriott Costa Mesa, CA Contact CMHI 909-987-2599 October 7th ~ 9th MHI Annual Meeting Hotel Contessa San Antonio, TX Contact Cheryl Langley 703-558-0668 October 15th ~ 18th 2012 WMA Convention & Expo Southpoint Hotel, Casino & Spa Las Vegas, NV Contact Regina Sanchez 916-448-7002 December 6th CMHI Board of Directors’ & CMHI Foundation Directors’ Meetings 2012 Holiday Open House The Mission Inn Hotel & Spa Riverside, CA Contact CMHI 909-987-2599

largely non-existent compared to traditional mortgage lending with only a handful of national lenders; and, °° other housing alternatives are much more limited (e.g., acceptable rental properties, limited construction options in rural areas, etc.)

2013 February 24th ~ 26th MHI Legislative Conference Sheraton Crystal City Washington, D.C. Contact Cheryl Langley 703-558-0668

is already constrained by the lack of a secondary market outlet for manufactured home loans, which provides a significant disincentive to making manufactured home loans. The unforeseen consequences of certain provisions of the Dodd-Frank Act, including the HOEPA expansion, would further reduce lending options available to buyers of affordable manufactured homes.

• The legislation proposed by Reps.

Fincher, Donnelly, and Miller would amend the criteria by which loans are considered “high-cost” so that small sized manufactured home loans are not discriminated against simply because they are low balance. This would be accomplished without diminishing consumer protections or limiting disclosure requirements.

With your help we can take action to protect our home owners’ equity and the availability of future responsible financing to help California families achieve home ownership. CMHI and industry members should contact your U.S. Representatives and urge them to co-sponsor H.R. 3849 (Preserving Access to Manufactured Housing Act). To co-sponsor, Representatives or their staff should contact Jim Hall in Rep. Stephen Fincher’s office at (202)2254714 or or Alyssa Stamm in the office of Rep. Joe Donnelly at (202)225-3915 or * MHI Position Paper – Feb. 2012

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Around California WELCOME NEW MEMBERS Retailer Division

Sheri Murray Statewide Homes, Inc.

MLS Enterprises, Inc. Margaret Shook, Laguna Beach

Sam Riela Salstar Enterprises

Mobile Home Repot Depot Mark Betteker, Chula Vista

Manufacturer Division Luca Brammer Hallmark-Southwest Corporation

Financial Services Division MH Loans Corporation Rodney Poplin, Vancouver, WA

CMHI Elects 2012/’13 Officers and Board of Directors Officers Gary Barr Chairman of the Board Alpert, Barr & Grant APLC Financial Services Division Robert Angel 1st Vice Chair Angel & Associates Retailer Division Joe Stegmayer 2nd Vice Chair Cavco Industries, Inc. Manufacturer Division Keith Casenhiser Treasurer Bessire & Casenhiser Developers/Community Owner Division John Evans Secretary E & R MH/RV Window Repair Services Supplier Division Barry Cole Immediate Past Chair Manufactured Housing Insurance Services Financial Services Division Board of Directors Retailer Division David Durant Macy Homes, Inc. Peggy Domasin NuTrend Homes

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CMHI Welcomes New HCD Director

John Brean CMH Family of Brands Golden West Homes Craig Fleming Champion Homebuilders/Silvercrest Russ Williamson Skyline Homes Supplier Division Ray Trosper DanKat Industries Daniel Zimmer ZMHC (formerly Z Awnings) Developer/Community Owner Division Bill Hanks J & H Asset Property Management Larz McAdoo Busch, Carr & McAdoo Financial Services Division Shela Holley Triad Financial Services J. C. Strutzel Express Escrow Company Joe Tobey U.S. Financial Network CMHPAC Chair (Ex-Officio) Garry “Duke” Edmundson Affordable Community Living

Linn Warren serves as Director of the California Department of Housing and Community Development (HCD) which operates under the aegis of the Business, Transportation and Housing Agency (Agency) in Sacramento. Director Warren’s position includes oversight for administration of the Department’s housing finance, rehabilitation, and community development programs; the State’s housing policy, planning and codesetting processes, and regulating manufactured housing and mobilehome parks. The Director leads the administration of $2.1 billion in Proposition 46 and $2.85 billion in Proposition 1C bond funds for affordable housing. Prior to joining HCD, Linn held various positions at the California Housing Finance Agency (CalHFA). From 1995 to 2005, he was the Director of Multifamily Programs and led numerous program and policy incentives. During his tenure, the Multifamily Division developed a groundbreaking special needs lending program with subsidized financing targeted specifically to projects housing homeless and developmentally disabled residents. The Division also developed a preservation program utilizing non-profit related bond issues leveraging locality based rental assistance. Both of these programs were awarded recognition for excellence from the National Council of Housing Finance Agencies.

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Page 13 Around California continued... Also while at CalHFA, Linn developed an innovative program for preservation of federally assisted projects. In 1996, in conjunction with HUD, he developed the first 236 decoupling in the country. In 2000, Linn again led an effort with HUD, private developers and the City of San Jose, to recapitalize a large LIHPRHA assisted project. This program included advanced financing structures, new regulatory agreements and, at the time, was the largest tax credit project in the country. Linn also directed preservation efforts aimed at revitalizing the aging portfolio at CalHFA, by recapitalizing of numerous projects to ensure long term affordability. These efforts included some of the earliest debt leveraging of project based housing voucher assistance, a lending technique replicated by other affordable housing lenders. With the introduction of the MHP Program at HCD, Linn and his staff developed the first construction lending program at CalHFA in 20 years. During his 10 years as CalHFA’s Multifamily Programs Director, the Division funded 270 projects with loans totaling $1.7 billion. While on leave from CalHFA, Linn worked as an advisor to local governments, including San Jose and Sacramento. While working at these cities, Linn developed new asset management evaluation and monitoring systems, led efforts to reposition public housing assets, developed NSP plans and amendments and developed debt restructuring programs for homeless assistance providers.

Concept Design Over 1,800 SF “Granite Creek 48763G”

manager for both commercial and single-family loans.

Linn received a BA from the University of California, Santa Barbara in Business Economics and holds the Mortgage Bankers Association designation as a Commercial Certified Mortgage Banker.

°° Champion Home Builders – MultiSection 1,800 SF or Less “The Dover” Modular Design Over 2,200 SF “Tacoma Vista”

CMHI staff, Board of Directors and members welcome Linn to his new position and look forward to working with him.

CMHI Members Honored National Industry Awards were presented to individuals and companies in recognition of outstanding achievements in 2011 during the Manufactured Housing Institute’s National Congress and Expo in Las Vegas, Nevada. “These award winners have made significant contributions to the industry and are leading the way in providing outstanding customer service, products, value, creative solutions and state of the art homes for today’s homebuyers. They are being recognized for their vision and dedication in enhancing and moving the manufactured and modular housing industries forward,” said MHI President & CEO Richard Jennison. Congratulations to the following CMHI recipients:

• Cavco Industries, Inc. –

Manufacturer of the Year

More recently, Linn was Program Director for the Keep Your Home California Program, a $2 billion initiative, funded by the U.S. Treasury aimed at preventing California home mortgage foreclosures to keep distressed borrowers in their homes.

• 21st Mortgage Corporation –

Prior to joining State service, Linn was a senior manager in the private sector with several financial institutions and commercial real estate development firms. He was active in the resolution of the thrift crisis in the 1980’s as an asset and loan workout

°° Fleetwood Homes – Single Section Home Design “The Metropolitan 16662M” Concept Design 1,800 SF or Less “Tradition 06837”

National Lender of the Year Floor Plan Lender of the Year

• C U Factory Built Lending – Regional Lender of the Year

• Best Design Awards

°° Palm Harbor Homes – Single Section Concept Design “The Staniel Cay II”

HCD Assumes Jurisdiction for Desert Hot Springs M.H. Parks As a permit condition to develop Palm Vista Estates, a manufactured housing park with approximately 118 lots, the developer paid all developer and mitigation fees required. Subsequent to a change in ownership and completion of the park, the City of Desert Hot Springs began charging a mitigation fee of approximately $7,000 as a condition for a permit to install a manufactured home in the park. This was, in effect, a retroactive fee for the installation of manufactured homes on lots for which fees had already been paid as a part of the fee structure and permit process for the development of Palm Vista Estates. In October of 2011, the Department of Housing and Community Development (HCD) informed the City that the fees set forth in the Mobilehome Parks Act (MPA) are the only fees that can be assessed for the installation of a manufactured home in a park ($196.00 plus $41.00 for each additional half hour of inspection time). HCD requested that the City take the necessary steps to repeal the ordinance relating to manufactured home installation fees that exceed those permitted in the MPA for park installations and to refrain from collecting fees in excess of those permitted in the MPA. In a November 2011 response the City disagreed with HCD’s position and refused to comply with HCD’s

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Page 15 Around California continued... requested action. Subsequently, HCD issued a notice of intent to revoke Desert Hot Springs’ authority as the local Enforcement Agency for manufactured home parks within the city. The City appealed. Following a January 2012 hearing, Hearing Officer, Ron Javor, noting the negative impact of a significant and improper fee on the well being of home owners and renters and on the ability of the park owner to properly operate the park, denied the City’s appeal and sustained HCD’s Notice of Revocation. And now…affordability returns to Palm Vista Estates!

Manufactured Home Lenders Subject to New Anti-Money Laundering Rule On February 7, 2012 the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released final rules extending anti-money laundering (AML) and suspicious activity report (SAR) requirements to non-bank residential mortgage lenders and originators. Non-bank mortgage lenders will now be forced to assist law enforcement agencies with fraud detection just as larger financial institutions are required to do. NOTE: The rule has not yet been officially published in the Federal Register. FinCEN has made a draft available at: statutes_regs/frn/pdf/1506-AB02_ RMLO_Final_Rule.pdf. The rule, which the agency began developing in 2009, will go into effect 60 days after publication in the Federal Register and compliance will be required within 180 days of publication. Under the requirements, all nonbank lenders including any entity making personal property loans for the purchase of manufactured housing (i.e., community owners that are engaging in lending activity and nonbank manufactured home lenders) will have to, among other requirements,

establish AML programs, designate a compliance officer and develop training programs. The regulations cover any residential mortgage lender, residential mortgage loan originator and loan or finance company (see pages 37 & 39 of rules of definition of terms and page 15 for commentary of those covered). For more information go to: http:// html/20120206.html or contact MHI Vice President of Governmental Relations Jason Boehlert at jboehlert@

Carbon Monoxide Detectors Proposed amendments to the Wildland Urban Interface (WUI) regulations adds Section 4326 which will require carbon monoxide detectors in new and used manufactured homes manufactured on and after the effective date. As of this writing, while the effective date has not officially been set, CMHI believes it will more than likely be July 1, 2012. CMHI members will be kept informed by Special Bulletin.

New Sales and Use Tax Rates The State Board of Equalization (BOE) has announced that voters in four cities in California approved new district taxes that went into effect on April 1, 2012 – Fairfax, Palm Springs, Oakdale and Vallejo. The new rate in Mendocino County will cause rates in the incorporated cities listed under that county to increase – Willits, Point Arena, Fort Bragg and Ukiah. For City and County Tax Rates go to the BOE page: For California Tax Rates: www.boe. Call BOE’s Taxpayer Information Section at (800)400-7115. Source: California BOE Special Notice-3/2/12

Origen Financial Announces Fourth Quarter and Full Year 2011 Results Origen Financial, Inc., which manages residual interests in securitized manufactured housing loan portfolios, has published its financial results for the fourth quarter of 2011 as well as for the entire year. The Southfield, Mich.-based real estate investment trust narrowed its net losses in the last three months of the year, to $3.4 million from $5.7 million during the same time frame of 2010. Before loan losses, net interest income for the period actually jumped 12 percent to $4.6 million from $4.1 million, Origen reported. For the full year, the REIT’s net losses shrank to $11.8 million from $16.6 million. Also, on March 14th, the board of directors declared a common stock dividend of $0.15 per share. The payout will be delivered on April 2, 2012, to shareholders of record as of March 26, 2012. Source: MarketWatch (03/15/12)

Home Affordability Called Best in Decades Home buying is currently more affordable than it has been in more than two decades, according to the market data provider CoreLogic. Bargain property prices and favorable financing rates make now a good time to enter the market, the Santa Ana, Calif.-based firm declared in its April MarketPulse report. “Housing affordability is at levels not seen since prior to the early 1990’s and is almost twice the level it was in April 2006,” when residential prices crested, the report noted. Although rock-bottom mortgage interest rates are likely to increase this year and home prices probably will rise slowly through midsummer, CoreLogic says these slight shifts should not have much of an impact on overall affordability. Source: MHI News Wire-(April 2012)

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With Just One Policy!

When you add Builders Risk Endorsement to one of our manufactured/modular homeowners policies, we provide certain protections that continues from delivery all the way through construction to occupancy.

Meets Lender Requirements for Homeowners Insurance Coverage Includes: • Personal liability • Coverage for theft of building materials on site • Coverage for damage to any site improvements Once the home is occupied, the Builders Risk endorsement expires – while homeowners protection continues!

For more information, Call Manufactured Housing Insurance Services at 1-866-644-7111

Why have more than one policy when you don't need to?


Page 17 Around California continued...

In Memoriam Chelu TraviesoEarhart~1950-2012

Chelu was a past president of MHET (1997 and 1998) and had been serving on the MHET Board of Directors since 1990. She was a member of WMA, CMHI, MHI, and was vice president of the California Mobilehome Parkowners Alliance (CMPA). Chelu received the Freedom Fighter Award from CMPA in 1990. She is survived by her husband, Don Earhart and three stepchildren; Tim, Dan and Cindy. Chelu will be greatly missed by all those who have had the opportunity to work with her throughout her many years in the industry.

Industry icon and friend, Chelu Travieso-Earhart passed away on March 30, 2012 after a brave, vigilant battle with systemic scleroderma. Chelu started her real estate career in 1971 as on on-site manager of a 30-unit complex with USIF Oklahoma Corp., a division of Arlen Realty. Within one year she was managing a 544-unit complex. Since then, she had been involved in various aspects of residential, industrial and commercial real estate management, sales and marketing, acquisitions and development in Arizona, California, Oklahoma, Texas and Washington State. Chelu held a Manufactured Housing Sales Dealer License. Except during her employment with Dr. Nolan Frizzelle, past Chairman of the California Republican Party and former State Assemblyman, Chelu’s past employers include the real estate firms of Parkcenter Corporation, Axiom Properties, Inc., and Newport Pacific Capital Company. She first became involved in the manufactured housing industry in 1983 and since 1990, had been exclusively managing manufactured housing communities as president of Mobile Community Management Company and handling in-house sales as a dealer through Community Mobilehome Sales. Mobile Community Management Company manages approximately 5,000 spaces throughout the state.

Financial remembrances can be made to “Just Cure It Kids”, a northwest non-profit foundation set up in memory of a previous Marlette team member with all proceeds benefitting finding a cure for cancer. Checks should be made payable to “Just Cure It Kids” and may be sent to Beth Wheeler, Human Resources, Marlette Homes, 400 West Elm Avenue, Hermiston, OR, 97838.

Dan Pocapalia~1916-2012 Richard Schmidt~1964-2012 It is with great sadness that we report the passing of our friend and colleague, Rich Schmidt. Rich followed his parents’ career path when he went to work at Marlette Homes right out of high school in 1982. That began a 28 year career at Marlette during which Rich worked his way up from the production line, through management and became General Manager in 2006. He was a respected member of the industry and also loved for being a “great guy”. He served on both the Northwest Housing Association’s Board of Directors and the Northwest Pride Committee. Rich courageously, and without complaint, battled cancer for over a decade. He was a devoted husband and father and leaves behind his wife, Tracy and daughters, Crystal and Cindy.

Dan passed away peacefully, surrounded by his family at home on May 7, 2012 after a very rapid decline following the diagnosis of colon and liver cancer. Born “Dante Pocapaglia” to Italian immigrant parents on their small farm located near the current Los Angeles Airport, Dan and his two brothers Dominic and Vic and sister Rose, lived a hard life.

continued on page 18

Page 18 Around California continued...

Dan did not understand why he should waste his time in school and ended his school career in the 6th Grade. Fine with his father, he could now work full-time on the farm. Dan was constantly trying to increase production and suggesting new management techniques for the laborers. During World War II, Dan worked for Vultee, starting off as a “rust scraper”. Dan self-taught himself the engineering and math required for the job and was promoted up the ranks, ultimately managing production of BT-13s and B-24s. In 1945, Dan and Bill Worman formed KIT Manufacturing and produced the classic KIT Tear Drop travel trailer. Dan was a true pioneer in the travel trailer and mobile home industry. He remained CEO of KIT until the age of 87. Dan wrote a book “I Love a Challenge” that details a half-century of KIT, which he self-published in 1994. Dan was a lover of nature and dry fly fishing and Big Horn Sheep hunting

were his passions. He was particularly proud of creating the annual sale of the Dan Pocapalia Big Horn Sheep Bronze for FNAWS Wild Sheep Foundation that to date, has raised more than $400,000 for the conservation of Big Horn Sheep in the United States. Dan passed away in the same style in which he lived – with acceptance, humor, grace, efficiency and dignity. He is survived by his wife of 63 years, MaryAnn; his children Maria Pocapalia (husband Paul Brounstein), Daniel Pocapalia, Diana Pocapalia, Richard Pocapalia and Ann Pocapalia; four grandchildren and his younger sister, Rose Butts. Dan will be missed but not forgotten.

Regulatory Relief? We have all heard the many, many promises to reduce regulatory burdens. Well…… On April 19th, the House Financial Services Committee unveiled the

Dodd-Frank Burden Tracker, an online resource to help track new rules and regulations required by the Dodd-Frank Act. A committee press release indicates that Dodd-Frank “mandates that government regulators write over 400 new rules and requirements that will be imposed on the private sector. Since the law was signed by President Obama in July 2010, the Dodd-Frank Burden Tracker reveals: regulators have written 185 of the 400 rules; these 185 rules consume 5,320 pages; and, it will take private sector job-creators 24,035,801 hours every year to comply with these first 185 Dodd-Frank rules.” Source: MHI Week in Review-04/20/12

CMHI Northern California Chapter Meeting – June 7, 2012 A meeting of CMHI’s Northern California chapter has been scheduled

continued on page 19

U.S. Bank is strong, secure and open for business. Customer satisfaction is always important to U.S. Bank: Every Day Every Customer Every Transaction To find out more about the U.S. Bank difference, call Manufactured Housing Finance at 866-300-8345.

Page 19 Around California continued... for Thursday, June 7th at The Holiday Inn Capitol Plaza in downtown Sacramento. All CMHI members are invited to attend. The program will include updates on: • Formaldehyde Status • W.U.I. Amendments • Manufactured Housing Act H.R. 3849 This is a great opportunity for industry members in the northern California region to gather together and network. Members of CMHI’s Board of Directors will be in attendance. A NoHost Cocktail Reception begins at 5:30 PM, followed by Dinner at 6:00 PM and the program will begin immediately following dinner service. Cost to attend the Chapter Meeting is $45 per person and includes dinner and program. The Holiday Inn Capitol Plaza is located at 300 “J” Street in downtown Sacramento. Please click here for a reservation form and return with your payment as soon as possible. If you have any questions, call Kim or Connie – (909)987-2599.

It’s CMHI Membership Renewal Time By now you should have received your CMHI 2012/’13 Annual Membership Dues renewal brochure and invoice. CMHI’s fiscal year began April 1, 2012 and ends on March 31, 2013. By renewing your CMHI membership you are supporting CMHI in its efforts to protect your business and the industry as we work together to revitalize California’s manufactured housing market. Please note CMHI’s two payment options. You may pay your dues in one payment or in two easy installments. Your payment is due NO LATER THAN MAY 31st.

If you have any questions, please feel free to call CMHI (909)987-2599. CMHI thanks you in advance for your continuous support.

RETAILERS: Claim Your $500 Per Home Rebate for Selling Energy Star Homes All four major utilities in California currently offer a $500 incentive to retailers and communities for selling new ENERGY STAR manufactured homes. The rebate can be claimed for homes sited by December 28, 2012 and served by any of the following utilities: Pacific Gas and Electric Company, Southern California Edison, Southern California Gas or San Diego Gas and Electric. For more information, contact Gwynne Koch, Program Manager, Systems Building Research Alliance at 212-496-0900x120 or

Across the Nation Richard Jennison – New President at MHI

Richard “Dick” Jennison was recently appointed the new President of the Manufactured Housing Institute (MHI). Dick is a standout goaloriented leader with a proven track record for accomplishments within approved time frames and budget limitations. He is highly regarded for his ability to implement change and assimilate disparate cultures into a unified organization. Dick is noted for his strong financial acumen and knowledge-based decision making. He is a persuasive presenter and relationship builder that is known for his ability to deliver value to customers and association members. Dick empowers his staff performance to achieve critical organizational, customer and member needs. His experience and accomplishments are punctuated by his ability to successfully start-up, turnaround and sustain high-growth business units and organizations in both the for profit and not-for-profit arena. Prior to joining MHI, Dick was a partner and Senior Vice President, Marketing and Business Development, for Omni Solutions Group, a professional services firm that offers technology solutions and support services to small and mid-size businesses and associations. He oversaw and managed Omni Solutions Groups substantial not-for-profit business practice.

Prior to joining Omni Solutions Group, Dick had over 14 years leadership experience in the not-forprofit arena and, specifically, the last eight years serving as President and CEO of the Brick Industry Association (BIA), a $7 million trade association representing the residential and commercial construction industry. Prior to his leadership role at BIA, Dick served as Chief Operating Officer at the Point-of-Purchase Advertising International (POPAI), a $5.5 million international retail in-store marketing association. Prior to joining POPAI, Dick had over 15 years of senior executive experience in the for-profit business sector. He served as Vice President, Marketing and Public Relations, for Citizens Bancorp, a $5 billion regional financial services organization. In addition, Dick served in senior management roles with both MCI and AMTRAK. Dick graduated Magna Cum Laude with a B.A. degree from St. Leo College in St. Leo, Florida. In addition, Dick graduated from the School of Bank Marketing, Management & Strategic Planning with the American Bankers Association. Dick served on the Board and was Chairman of the Masonry Industry Council. He was also a member of the National Association of Manufacturers and the U.S. Chamber of Commerce. In addition, Dick also serves on numerous charitable, civic and community volunteer fundraising boards. Dick has been married to his wife Tracy for 25 years. They reside in Maryland with their son Alec, who is a senior in high school and plays varsity lacrosse. CMHI staff, Board of Directors and membership welcome Dick to the industry and look forward to working with him.

Page 20

RV/MH Hall of Fame Restructures Financial Obligations Assuring LongTerm Stability

Elkhart, Ind., March 14, 2012 – The RV/MH Hall of Fame & Museum (Hall) has restructured its financial obligations with its investors and is now on a path to long-term stability, thanks primarily to the generosity of the family of longtime benefactor Boots Ingram (deceased), according to Chairman of the Board Bill Garpow. “The RV/MH Hall of Fame will live on,” Garpow said. “Our glorious building will remain open for years to come. Our history will continue to be preserved. It’s a day of triumph and celebration for the RV and manufactured housing industries, a day made possible by the continued generosity of the Ingrams.” Under terms of agreement between the Ingram family and the Hall, former treasurer and Hall board member Darryl Searer of Ultra-Fab Products, Inc., and Hall of Fame member, will assume the position of president and chief operating officer of the Hall, on a volunteer basis. The Hall’s current staff remains in place. Searer said, “This day has arrived because of the hard work of a dedicated group of Hall Executive Committee members who fought for the Hall’s future despite many obstacles and because both First Source Bank of Elkhart and Tony Ingram and his siblings wanted to see the Hall survive and came up with a solution that allows that to happen. I’m sure one person smiling down on all of us today is Boots Ingram, a friend to this organization like no other.”

continued on page 22

Page 21

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Page 22 Across the Nation continued... The Hall has been facing a collective obligation of $4 million with the majority of it due in mid-2012. The restructuring plan allows for the bulk of the obligation to be paid over a term that reduces the monthly payments to what the Hall can afford. First Source Bank has significantly lowered its interest rate and restructured its agreement. The Ingram family forgave overdue interest on its loan until after the bank is fully paid in 2016 and has agreed to donate one dollar for each two dollars of principal that is retired each month by the scheduled payments beginning in August of 2016 or by prepayments.

The Ingrams announced a $100,000 matching “Let’s Pay off the Bank” gift if a like amount can be raised by individual donations before the end of August 2012. “What the Ingrams and our banking partner and our dedicated officers have given the Hall is a new life – a chance to survive during these turbulent economic times,” said Garpow.

recognized,” Searer said.

“The message to contributors is clear – you can contribute knowing your money will not be wasted. The museum is no longer under threat to close. Those who contribute can be assured their money will be used smartly and their generosity

RV/MH Hall of Fame Names

Join CMHI and other industry members in making contributions to this wonderful treasure that showcases the strides made and history of pioneers and leaders who have built their lives around this industry. Please see adjacent “Building Our Heritage” contribution form.

Darryl Searer President The RV/MH Hall of Fame & Museum’s board of directors has selected industry-veteran Darryl Searer as president and chief operating officer (COO), according to Chairman of the Board Bill Garpow. Searer of Ultra-Fab Products, Inc., and Hall of Fame member (Class of 2008) is former treasurer and Hall Board member. Garpow said, “With more than 50 years experience in the industry and his years of devotion to the RV/MH Hall of Fame makes Searer an ideal candidate to bring the Hall of Fame out of its financial crisis and lead it into the future. We were especially pleased that Darryl only agreed to accept the appointment on a noncompensated, voluntary basis.” Searer started his career in the RV industry at the age of 16, working in his father’s business, Elkhart Rivet and Register. He has also been Vice President of Marketing and Sales for the Dometic Corporation; President and Owner, MHS Supply, and Chairman of Ultra-Fab Products, Inc. Darryl was the key architect of the

continued on page 23

Page 23 Across the Nation continued... agreement with the Ingram family and First Source Bank. Searer said, “I am pleased for the opportunity, as challenging as it is, because the Hall of Fame is too great an asset to the RV and Manufactured Housing industries to allow it to fade away.” About the RV/MH Hall of Fame- The RV/MH Heritage Foundation was formed on March 22, 1972 by a group of trade and consumer magazine publishers attending the MHMA meeting in Washington, D.C. In early 2007, the Foundation moved into its new facility at 21565 Executive Parkway in Elkhart. The 56,000 square foot brand new building houses the RV/MH Hall of Fame honoring industry leaders, a museum of vintage units from 1913 up to the 1970s, a Go RVing Hall showcasing the latest current models, an Exhibitors Hall where industry supply firms tell their company story, and the world’s largest library of RV and manufactured housing related literature and photos.

4,139 New HUD Code Homes Shipped in February 2012 In the month of February 2012, 4,139 new manufactured homes were shipped, up 43.5 percent from February 2011. Increases were across the board with shipments of both single-section and multi-section homes up compared with the same month last year. Single-section homes accounted for the largest portion of the increase, with shipments up 60.4 percent compared with the February 2011 figures. Compared with the prior year, 2012 recorded shipment increases in January and February. For the first two months of this year, shipments totaled 8,084 homes compared with 5,661 homes in 2011, a net increase of 42.8 percent. The seasonally adjusted annual rate (SAAR) of shipments was 63,111 in February 2012, up 2.1 percent from January 2012, which had 61,802 shipments. The SAAR corrects for normal seasonal variations in shipments and projects annual shipments based on the current monthly total.

Total floors shipped in February 2012 were 6,245, an increase of 38.0 percent over February 2011. The number of plants reporting production in February was 122, one more than in January. The number of manufacturing companies stands at 46, also one up from January. Source: Manufactured Housing Institute

Stabenow Amendment to Extend the ENERY STAR Tax Credit for Manufactured and Modular Homes Defeated in the Senate On March 14, 2012, the proposed Stabenow amendment to the Senate’s surface transportation reauthorization legislation (S. 1813) that would renew the Energy Efficient Home Tax Credit (I.R.C. 45L) was defeated in the Senate. The Stabenow amendment deadlocked at 49-49.

The opposition was led by Senator Jim DeMint (R-SC) who wanted many of the renewable and clean energy incentives sunsetted. Proponents of the tax incentives will now have to regroup and decide upon another legislative approach to extend the tax credits beyond 2011. MHI is committed to working with lawmakers, including Majority Leader Harry Reid of Nevada, Finance Chairman Max Baucus of Montana and Senator Olympia Snowe of Maine, to find a path forward to extend the New Energy Efficient Home Tax Credit for manufactured and modular homes. Specifically, the Stabenow amendment would have extended the new energy efficient homes tax credit, the efficient existing homes

tax credit, and the offshore wind investment tax credit. The New Energy Efficient Home Tax Credit (I.R.C. 45L) for manufacturers who build energy efficient homes expired on December 31, 2011. Manufacturers who build ENERGY STAR homes were eligible to receive $1,000 tax credit while modular home builders were eligible to receive a $2,000 tax credit by exceeding the International Energy Conservation Code (IECC) by 50 percent. Source: MHI News Wire – April 2012

New Idaho Plant to Meet Growing Demand of Modular Housing in Energy ATCO Structures & Logistics will be opening a 200,000 square-foot manufacturing plant in Idaho, the Canadian company’s third U.S. production facility. CEO Harry Wilmot has said that “a committed and skilled workforce will be key to the success of the plant which will crank out modular housing to accommodate oilfield workers”. “As a result,” he added, “ATCO will work with the local community to hire the most skilled trade people and production workers available.” Several production workers and office staff were hired including more than 150 full-time employees, including carpenters, electricians, and plumbers. The facility is expected to begin operations in June 2012. Source: MHI News Wire – April 2012

Page 24







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231 N. Apache Road Buckeye, AZ 85326 (623) 386-4495

Page 25 ManuFacts is a bi-monthly newsletter published by the California Manufactured Housing Institute (CMHI) exclusively for member companies.      CMHI is a nonprofit trade association representing companies that build, sell and finance factory constructed homes and manage factory constructed home communities; and supply goods and services to the industry.      The Institute was founded to advance the availability and ownership of quality, high- value homes, marketed by licensed retailers, by promoting the purchase of factory constructed homes and the development of desirable sites and communities in California.  The Institute’s public, government and consumer relations programs are directed toward these goals. CMHI Chairman - Gary L. Barr, Alpert, Barr & Grant APLC CMHI President - Jess Maxcy CMHI Foundation President - Jess Maxcy Published at - 10630 Town Center Drive, Suite 120, Rancho Cucamonga, CA 91730 Telephone (909) 987-2599 Fax (909) 989-0434

Lawrence O. McDermott

California—RCE 23107—LS 3905

Mobile Home Park Design

Entitlements—Planning—Title 25 Expert Civil Engineering—Utility Engineering



RETAILER TOOL KIT NOW ON CMHI.ORG CMHI is committed to your business’ success. We’ve added the ability to post your manufactured homes for sale on the CMHI website. sees a tremendous amount of traffic from consumers looking for information on manufactured homes. These potential customers can now see your homes for sale while browsing for other industry related information.

Project Overview Reports

The Retailer Tool Kit (RTK) is a service based product that allows you to upload homes for sale to your website without the need of costly webmasters or in a manner that lacks the professional edge provided from a trained designer.

18075 LaVentana, Murrieta, CA, 92562 (951)304-0111 (951)696-5218 Fax

The RTK resizes your images, creates slideshows and updates inventory in an easy to use manner.

General Property Information Physical Characteristics Utility Systems Information Facility Conditions—Cost Estimates

The RTK is a product of SGDesign which has 16 years industry experience helping businesses succeed on the

Internet. The RTK is being offered to all CMHI Retailers free of charge. Simply login at : and use your current CMHI Member user and password. There is a limitation of 3 homes when used with The full RTK Subscription provides unlimited homes as well as many other special features to make your website successful. Please see the RTK website for more details or contact Steve Guluk at (949) 661-9333.

Page 26

Make Money by Helping Customers Save Money Southern California Edison is now offering home retailers and communities a $500 incentive for selling new ENERGY STAR® manufactured homes The ENERGY STAR® Manufactured Housing Program is a win-win for home buyers and sellers alike, with customers purchasing a more comfortable and efficient home that will help lower their monthly energy bills, and now the rebate for home retailers and communities to help offset some of the costs associated with upgrading to ENERGY STAR.

Participation Benefits

• Market differentiation • Marketing and outreach support • Potential for local and national recognition

Sign Up Today Receive free marketing materials • Brochures • Sales video DVD • Window decals • Flags

For More Information Southern California Edison Company Monica Leong 1-626-622-9182 Email


Special Feature ADA Compliance is Your Choice

Waiting to Be Sued: A Strategy That Triples the Cost of an ADA Dispute By: Terry R. Dowdall, Esq.

Snapshot: Many property owners do nothing about the ADA until served with a lawsuit. Then a cure is effected, the case settled, the attorneys fees paid. This is not a wise practice. A common thorn in management’s rose is the ADA claim, from residents and the general public alike, that the park does not comply with ADA accessibility requirements. Unless a park owner willingly converts the park facilities to public accommodations, the park is not subject to the ADA except in very limited respects. The park office, the parking lot in front of the office and the path of travel from the parking lot to the park office must be ADA compliant (unobstructed path of travel plus proper signage and access). In California, a property owner covered by the ADA may obtain an inspection before suit. A Certified Access Specialist Program consultant (“CASp”) can inspect and insulate you from claims while guiding you to ADA compliance. As a practical matter, ADA claimants do not pursue CASp inspected properties. If a CASp report has been done, you may immediately stop a lawsuit, and schedule an early evaluation conference. This may bring about immediate settlement. The savings is considerable compared to

the usual litigation defense procedure. And since prevailing defendants are not entitled to attorney’s fees as a general rule, money spent litigating a defense is very wasteful-better to invest in the cure to the problem. Your CASp inspector may be hired by counsel so that the report is arguably retained in attorney client privilege. When contracting for ADA compliance, it is wise to have knowledgeable counsel check the plans. California has more stringent requirements for ADA compliance than federal regulations. Only the California regulations should be used in complying with ADA. These requirements are contained in the latest version of Title 24. Title 24 is available for purchase from several sources.

Page 27 for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out the penalties for violations. Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for businessto-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Conclusion: It is less expensive to retain a CASp consultant, conduct an inspection, remedy any deficiencies and then post the CASp inspection notice to show the world that the park complies. This is a virtual guarantee against ADA claims in your park.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated.

The other common approach is to do nothing, wait for a claim to be filed, retain counsel for a defense, determine that you are out of compliance, then settle the case. If you do not also remedy the offensive conditions, you will await the next claimant in line. To avoid copy cat claims, the remedy must also be undertaken.

• Don’t use false or misleading header information. Your “From,” “To,” “Reply To,” and routing information – including originating domain name and email address – must be accurate and identify the person or business who initiated the message. • Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message. • Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement. • Tell recipients where you are located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

For more information, contact: Terry R. Dowdall, Esq., Dowdall Law Offices, A.P.C. (714)532-2222; (916)444-0777; Source: Park Watch – January 2012

Does Your Company use Email? What You Should Know About the CAN-SPAM Act Imposed by the FTC, the CANSPAM Act is a law that sets the rules

Here’s a Rundown of CANSPAM’s Main Requirements

continued on page 28

Page 28 Special Feature continued... • Tell recipients how to opt out of receiving future emails from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests. • Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process optout requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CANSPAM Act. • Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product or services promoted in the message and the company that actually sends the message may be held legally responsible.

designed by Stephen Guluk, SGDesign, CMHI’s webmaster. As you will notice, at the bottom of the template is the required opt-out mechanism.

online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

For More Information The Federal Trade Commission (FTC) works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit or call toll-free (877) FTC-HELP (877-382-4357). The FTC enters consumer complaints into the Consumer Sentinel Network, a secure

Source: FTC Facts for Business

You may have noticed that CMHI recently started using specially created email templates for membership emails. These templates were

Innovations Coming “Nationally, there were 195,000 units sold in 1962, with the West producing


Advertising Note: The content of any advertising insertion is prepared solely by the advertising member. By insertion, CMHI does not endorse the product or service being offered nor is it, in any way, responsible nor liable for the content of any such advertisement.

BACK TO THE FUTURE This article was first printed in The Los Angeles Times on September 30, 1963 $1 Billion Year Seen for Trailer Industry Southern California will get the lion’s share of another national billion-dollar market in 1963. “We approached the billion-dollar line nationally in 1962 in sales of trailers, and this year we hope to exceed it,” say James A. Strutzel, president, Trailer Coach Association. “Retail sales in the West for mobilehomes, and travel trailers used for vacation and travel amounted to $359.3 million in retail sales in 1962. This figure stands against the national sales figure of $920.5 million in retail sales.” Show Opens October 17, 1963 Strutzel, loaded with statistics to back up the “largest” Annual Mobile Home & Travel Trailer Show set for October 17th through October 20th at the Great Western Exhibit Center, says current sales in the mobilehome and travel trailer industry is 46% over 1962. “And 1962,” said Strutzel, “was the best year since the banner year of 1959.”

(of this figure) 44,130 mobilehomes and 47,253 travel trailer units. A number of innovations are coming in the mobilehome phase of the industry,” says Strutzel. Three companies now are producing mobilehomes in the $50,000bracket, and while only a few are being sold, this is still considered a good market. “And we’re taking a good look at the vacation trailer market,” says Strutzel, who also is vice president of Mayflower Trailer Manufacturing Company. “The manufacturers who thought this was a fly-by-night market now are examining it thoroughly.” Strutzel says other companies, as well as his own, are scrutinizing the possibility of a two-story trailer. The two-story trailer is designed and built that way; it is not a couple of trailers stacked up, he says. And mobilehomes parked in high-rise garages comprises yet another possibility in the face of high land costs, he said. Source: First Printed – The Los Angeles Times (Sept. 30, 1963)

Special Feature SEO 101

by Stephen Guluk

How important? More than 80% of home buyers use the internet as a tool when searching for their next home (2008 NAR survey *). Should you? If a certain percentage of buyers use a specific method of searching for your product, it would seem wise to allocate a proportional amount of your annual marketing budget to target that medium.

What is it? SEO - Search Engine Optimization is the means and methods used to position your website in the most advantageous condition so as to be ranked high when someone searches for the product you offer. History Securing high ranking in Search Engine Results Pages (SERPs) have always been on website owners list of requirements. Back when I first started (1994) teaching people to create their own web pages for AOL, it was relatively simple to get a high ranking SERP. Keyword frequency seemed to be the only algorithmic variable used to determine which websites ranked the highest. Stuffing a page full of keywords and even placing hundreds of white colored keywords on a white background was acceptable and worked quite well. Over time, Netscape and Google, wanting to create a better experience for their users added to their algos (algorithms) to block those that were taking advantage of the simplicity of the system. Obviously, if a search engine cannot return the highest quality results pages to it’s customers, they’re not doing a very good job. Google ended up adding more and more variables to their algos and they continue to update them on a regular basis. Exactly how many variables they use and exactly what they are, is a closely guarded industry secret, though it is common knowledge that upwards of 50 different variables are used when you perform a basic search.

How? Learn. Invest. Know your website. What are your target keywords? Identify your intended market/demographics and try to figure what basic search phrase those potential customers would use when looking for the product or service you offer. From that perspective you can isolate your keywords as well as test the keyphrase in a search engine to see where you rank. Make a note of what page you are currently on so you can chart your progress. Quick Tip 1: Google provides a free tool that suggests keywords. Put your website address in the appropriate field to check what keywords and keyphrases may work well for you. Quick Tip 2: You can also use this tool to see what keywords are used by those listed higher in the ranks. Studying the competition is a useful tool for any SEO. After creating a list of keywords and keyphrases that are going to be your SEO Campaign targets, look at your current website and see where you can add new, and replace less favorable keywords. Write solid content that is of value to your prospective customers or even industry related content. Having people link to your site is another factor search engines use to give you a higher rank. Conversely, keyword stuffing, or copying content from other sites (known as scrapping) will have your rank lessened and even a full demotion from a search engine.

Page 29 Quick Tip 3: If you sell manufactured homes, and are an active member of CMHI, you can add three of your homes to their site. It will give more exposure to your listings, but also provide a “link back” to your website adding favorable ranking over a similar site when in contention for SERP results. Invest in your website, either the time it takes you to become knowledgeable or hire someone that can assist in these areas. Prices range from several hundred per month to multiple thousands per month. Granted there are all sorts of people out there claiming they can put you on the front page of a search engine…but that claim will never be stated by a reputable company, as it is a changing landscape with no guarantees on what factors will determine tomorrow front page results. But, if you have good content, know and implement your target keywords/phrases, and actively enhance your website, your chances of being in front of your competition is very good. SEO is a long term investment. Your work today will give return benefits for many months or even years. Being aware of what search phrases you expect to rank high in, will allow you to write better content for your website. The rush is on so don’t get left behind. Your competition will be more than happy to take those front page search engine positions if you aren’t actively positioning your website to occupy those spots. * An overwhelming majority (87%) of recent home buyers in the US say they used the internet as an information resource during their home-buying process, and nearly one-third say they first learned about their newly purchased home from an online channel, according to a study from the National Association of Realtors (NAR).

Stephen Guluk is the owner of SGDesign, an Internet Development company that produces custom applications, websites and online marketing campaigns.

Housing Statistics

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CMHI ManuFacts May 2012  

Information publication for CMHI Members