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Is New Legislation “The Solution”?
We think not! GSMOL’s focus has been and continues to be on new legislation; however legislation is at best a partial solution. New legislation usually focuses on new issues—like condo conversions. It is a reaction to an action by the park owners. It is defensive.
A new law becomes part of the civil code (MRL, Title 25). Laws must be ENFORCED to be effective, i.e. if a law is not enforced, it is NOT AN EFFECTIVE LAW.
A simple test: are you happier in your park today, than you were 5 years ago? Or 10, or 20? We think not. In fact, we believe there are more problems today than ever before. Stop and think about it. Has this focus on legislation really helped us?
Enforcement
Enforcement of civil code laws, like the Mobilehome Residency Law (MRL), requires an attorney who understands the MRL, a pot full of money, and time. And parks have attorneys who are very well paid and good at what they do. This is what every mobilehome owner is up against. When mobilehome owners are not willing to step up and enforce the law, park may be more motivated to disregard the law because there is “no downside.” For example, when a park interferes with sales of our homes, they stand to make lots of money and lose very little if they are sued.
From a residents point of view, often the last resort is to retain an attorney and go to Superior court. The cost could be thousands of dollars, and the outcome is not guaranteed to favor resident. If the resident loses, he could also have to pay the costs of the park attorney! This simple fact often stops mobilehome owners from suing their park owner.
The Attorneys
Some mobilehome owners tell us about their experiences with attorneys: “I’ve called the attorney and he is not interested.” The attorney wouldn’t return my call.” “The attorney wanted $10,000 as a retainer.” “I feel the attorney did not offer me a reasonable response, considering I had asked for nothing for free, but had offered to send him some material evidence and pay him for his time to go over it and just tell me my options.”
Although we do have a list of qualified attorneys, often times it is extremely See Page 3 Solutions
Solutions continued from Page 1. difficult to find one you can afford, and one who is both qualified and willing to take your case. If you have had good experiences with an attorney, please let us know!
The Wrong Foundation
Remember what Donald Devore wrote in his book “Mobilehome Wars (available thru CoMO-CAL for $10):”
“The reason I say this is to impress upon you that the only way we will end the “Mobile Home Wars” is to get rid of, and bury the Mobile Home Landlord/Tenant Laws forever. This law should be repealed in every state that uses it. Existing Real Estate Land-lease Law is the proper law to use to regulate manufactured housing on leased land. The Mobile Home Landlord/Tenant Laws will never protect the dual property relationship that exists in Manufactured Housing Rental Communities. California, Colorado, Arizona, Florida, and other states have spent 27 years in frustration trying to make this law work. It will never work because it is the wrong premise of law in a land-lease relationship.”
Real Solutions
What have you read in THE VOICE about possible solutions? Organization, right? Uniting, right? Being involved…
The solution starts with you. YOU ARE THE SOLUTION, not CoMO-CAL. We will assist you; however no advocacy group can do anything for you unless you first help yourself.
In other words, we do not have ESP. You have to come to us when you need solutions. Don’t expect us to come to you.
Last month we wrote a column “Let’s Make It Simple.” We listed the solutions: get educated, be informed, be active, form a HOA in your park, network, belong to a statewide advocacy group, and get others on board.
Four Cents A Day
If just 10% of mobilehome owners joined CoMO-CAL, we wouldn’t have nearly the problems we have today. And if they can’t afford four cents a day, we will let them join FREE. NO ONE can say “I can’t afford to join CoMO-CAL.” Simple as that!
Be Active
A first step: Take an interest in park issues. Help form a CoMO-CAL chapter and support it. It can also be a fun group—have potlucks, play bingo, etc. It must be PRO-RESIDENT!
Form Relationships
This requires communication. Find friends and neighbors you can trust. Build relationships. Any strong group requires communication, and trust.
CoMO-CAL has a strong relationship with the Modesto Advocacy. Why? Because we communicate and trust each other. When we send them an email, they respond quickly and visa versa.
CoMO-CAL wants to form a relationship with every park in California. But this requires your willingness to communicate and trust us.
What Happens When We Are Organized?
We will know where the problems are. We can put bad managers on notice we are watching them. We can picket and demonstrate. We can get the media involved. We can go to our City Attorney. We can pursue this as a “senior abuse issue.” Maybe we can get grants to help us.
We can’t fight a war without an army! We must organize. That is our only chance. Pledge you will help us. Get a new member / make a donation.
Editors Note: I wrote this article 2 weeks before receiving the article by Bruce Stanton (pages 4 and 5); however the key points in each are the same! Please take the time to read each one.
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