SPRING 2010

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Manufactured Homeowners Legislative Association of Michigan

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The following is an article which appeared in the Holly Express.  MOLA does not recommend escrowing rents.  Without the aid of a lawyer,   it could be done improperly and it is not legal. 

More evictions at Holly Hills spur residents to take action Print
Written by Amy Mayhew   
Tuesday, March 16 2010 7:07 am

HOLLY TOWNSHIP, Michigan – More than 60 Holly Hills residents met at the First Baptist Church in Holly on Saturday afternoon to take the initial steps to form a homeowner association, and get a better idea of what laws are on Michigan’s books that protect owners of manufactured homes.

Last month, a dozen residents were issued eviction notices by Julius Szabo, owner of Star Sun Management, the company that manages Holly Hills. In protest of the park’s deteriorating maintenance conditions, which included water quality and waste water treatment issues, the residents were directed by the State of Michigan to begin placing lot rental fees into individual escrow accounts until such time management resolved the issues.

On Feb. 23, Judge Kelley Kostin advised those residents to continue putting money in escrow until she could hear each case on an individual basis on March 17. Last Friday, seven more confirmed eviction notices were issued, each having a mandatory court date of March 23.


On Saturday, Carole Elliott and her husband, both officers in the Manufactured Homeowners Legislative Association of Michigan (MOLA), met with the residents to not only discuss forming a homeowners association, but to brief them on several state laws that protect them in the eviction process.

MOLA was founded in 1989 by a group of concerned citizens who joined together to provide residents a better understanding of their rights as manufactured homeowners. The organization leads the fight in getting laws passed at the state level, and helps protect and enhance the rights of manufactured home residents.

Elliott, who serves as the president of MOLA, presented a list of items manufactured homeowners need to know, including how to properly file complaints, how to safeguard that rent payments are received and properly recorded, the need for a community-wide informational Web site, the importance of going to township meetings, and homeowner’s rights when it comes to eviction.

“Those of you who have received an eviction notice – maybe you were under the impression that the manager or owner – since he gave you the eviction notice, that meant you had to leave,” Elliott said. “That’s not true.”

Explaining the process, Elliott said the only person who can legally evict a manufactured homeowner is a judge.

Elliott stressed the importance of residents showing up at court on their designated date, looking presentable for the judge, and that if a settlement is to occur in court, it could possibly mean having to pay court costs and attorney fees.

Elliott presented three important pieces of literature containing specific manufactured housing laws and rules.

The “Buyers and Residents’ Handbook,” is a book that, by law, Elliott says, should be provided to each and every homeowner in the community, and also readily available for residents’ review in the community office.

Additionally, Elliott talked about the significance of The Manufactured Housing Commission Act, PA 90 of 1987, Act 236 of 1961, and the Manufactured Housing General Rules.

Perhaps Elliott’s most compelling piece of Michigan legislation to those attending the meeting came in item 1g of Michigan’s Act 236 of 1961 which states that a landlord cannot evict a tenant for non-payment of rent if the monies were placed into escrow pursuant to a court order.

“We feel that the residents in manufactured housing need to know their rights and the laws they have to live by and protect them as well as the law that affect their landlord,” Elliott said on Monday.

Although she was not able to attend Saturday’s meeting, resident Sara Koza said she has reviewed the information and although she finds some comfort in the fact that Michigan law appears to protect manufactured home residents, she still has her reservations. “I do feel good that there are laws that protect us, but I wonder if they can really stand for anything in court,” she said. “We’ve already seen how much (management) can get away with, so I have mixed feelings over whether we will prevail or not.” Even so, Koza says she’s committed to the effort, not just for her family and the residents of Holly Hills, but also for others who may face a similar problem in the future. “I am in this until the end and want to see changes come of this for other people who live in communities like ours,” she said.

 
SEVERAL REASONS TO JOIN MOLA!

Why Join MOLA?

To learn about the laws that  affect you as a homeowner! 

Below are the Manufactured Homeowners Rights that several Manufactured Homeowners Organizations are
 TRYING to have passed into Law for the residents who live in manufactured housing in the State of Michigan...THE REASON YOU NEED TO JOIN US---IS TO SUPPORT THE CAUSE!

1. RENT INCREASES
Homeowner Associations in communities need to be able to nego-
tiate with the owner/management rent increases and the owner of
the community needs to justify the increases they propose. ( THIS
IS ANOTHER REASON WHY RESIDENTS NEED A HOMEOWNER
ASSOCIATION IN PLACE )

2. SMALL TRUCKS AND COMMERICAL VEHICLES
These vehicles must be allowed to park in the driveway of a resi-
dents home site when they are used in the residents form of earning
an income.

3. HARASSMENT AND INTIMIDATION
Community residents cannot be harassed or intimidated by the
management. The threat of eviction cannot be used.

4. HOMEOWNER ASSOCIATIONS
All residents must be free to organize and join their homeowner
association. They must have the right, and no interference from
management, to pass out flyers, hold meetings, file complaints, and
recruit new membership.

5. RETALIATION
When a resident asks for maintenance or repairs to the community,
retaliation cannot be used. When a resident or a homeowners
association files a complaint with management, retaliation cannot
be used.

6. FEES
No additional or changed fees may take place without first notifying
the home owners association and all community residents personally
either by mail or a personal delivery at least 90 days before the
change.

7. UTILITIES
The cost of an exchange or installation of a meter by management
servicing the resident may not be charged to the resident. Utilities
are part of the service supplied to the resident in the rent and the
expense of metering is up to the owner of the community.

The community owner cannot make a profit on the utilities used by
the resident.

All utilities to the resident must be metered to the resident.

8. INCENTITIVES
All incentives will apply to current and new residents. Such as,
if a rent reduction is offered to a new resident, a home owner who
sells their home may offer their new resident the same incentive
as if he had purchased from the community and it will be excepted
by management.

9. LICENSED INSTALLERS AND RETAILERS
All persons, who are not the resident, that work on the construction
of the home in any way, must have an installers license with the
State of Michigan. Anyone, other then the owner/resident who is
selling the home must have a retailers license with the State of
Michigan

10. SENIOR CITIZENS
Senior Citizens shall be treated with consideration and respect.
Threats of eviction should be considered illegal and those making
the threat or unlawful motion in court should be prosecuted in the
court system as criminal and civil abuse.

11. COMMUNITY RULES
Community rules must be read before anyone signs a rental
agreement to move into a community. All rules must be fair and
not unreasonable and must be enforced equally to all residents.

12. SALE OF COMMUNITY
Should a community owner want to sell their community the resi-
dents must be offered the" first right of refusal" to purchase the
park. This will be done through the community homeowners asso-
ciation. If the residents refuse they should be given 12 months
to put their affairs in order.

13. EMINENT DOMAIN
Eminent Domain should not be allowed to ever be used in closing
a manufactured home community as it can effect too many lives in
a fragile population.

THESE ARE THE CIVIL RIGHTS THAT OUR RESIDENTS ARE FIGHTING FOR IN THE STATE CAPTIAL...WE NEED YOU TO JOIN US IN OUR QUEST! THE MORE VOICES THE LOUDER THE NOISE!

                   MOLA  Membership    
                          Application
    
                                                                   MOLA Mission
MOLA will assist in developing services and programs for manufactured home residents. We will continue to assist in establishing associations in manufactured home communities. MOLA leads the fight in getting our laws passed at the state level, and helps protect and enhance the rights of manufactured home residents. MOLA is working hard to improve communication between residents and park owners, and to resolve disputes with home manufacturers."
Date: __________________________________________

Name/City of Community __________________________________________

Name:  _____________________________________________________

Address:______________________________________________

City: _________________ Zip Code: __________________
_

Phone Number w/area code:( )____________________

Contact Time: _________ AM or ___________ PM

Email: _________________________________________

Please make checks payable to MOLA of Michigan, in the amount of $15.00 for annual dues.

Mail your check and this application form to:

Mrs. Carole Elliott
Treasurer
6988 McKean Road, #252
Ypsilanti, MI 48197
(734) 483-9749
Email:   carkathelliott@AOL.net