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Manufactured Housing Communities of Washington509 12th Ave. SE, Suite #7Olympia, Washington 98501
PRESORTED STANDARD U.S. POSTAGE PAIDOLYMPIA, WAPERMIT #537
www.mhcw.org
MHCW Forms CD on SALE!
See page 13 inside for more information
The Official Publication of Manufactured Housing Communities of Washington
EYE ON OLYMPIAEYE ON OLYMPIAFall 2007Fall 2007
In This Issue:• BoardMeetinginKelso,October17&18
Baker Mortgage Co.Victor M. BakerP.O. Box 12964
Salem, OR 97309-0964(503) 390-4914,
Fax (503) 390-8386
FIrSt MUtUaL BaNkBob Everett, Vice President
P.O. Box 1647Bellevue, WA 98009
1-800-735-7303
keIth eNgLaNdP.O. Box 1701
Mercer Island, WA 98040(206) 232-4801
The Following is a Partial Listing of MHCW Associate Members:Let’s Support Them as They Support Us!
toteM ageNCIeS, INC.P.O. Box 3419
Kirkland, WA 98083-3419(800) 347-8774
CoMMoNWeaLth ProPertY MaNageMeNt12301 NE 10th Place, Ste 102
Bellevue, WA 98005(425) 881-9890
Fax (425) 881-8720 and
CoMMoNWeaLth ProPertY MaNageMeNt
Greg Harmon7007 SW Cardinal LN #185
Portland, OR 97224(503) 244-2300
FIrSt CoMMerCIaLJoel ErlitzPMB 701
4616 25th NESeattle, WA 98105
(206) 985-PARK (7275)
PhILLIPS MaNageMeNt SerVICeS
Ross Rongner223 Taylor Ave. N. Ste. 200
Seattle, WA 98109-5303(206) 622-8600
MarCUS reaL eState SerVICeS, INC.
1441 West Bay Dr. NW #102Olympia, WA 98502
(360) 528-3288
aMerICaN Leak deteCtIoNCurtis Lynn
P.O. Box 1372Fall City, WA 98024
(425) 747-7118,Fax (425) 747-2581
data NoW SCreeNINg SerVICe
P.O. Box 7113Olympia, WA 98507
800-597-3739Fax (877) 491-0448
CaNNoN CoNStrUCtIoN, INC.
406 Porter WayMilton, WA 98354
(253) 922-2787
greeN CoUrte PartNerS560 Oakwood Ave.
Lake Forest, IL 60045(847) 582-9400
PhILLIP a. FoSter, P.S.Attorney at Law
2011 St. Johns Blvd.Vancouver, WA 98661
(360) 695-1800
Attorneys
Financing
Insurance
Other Services
ManagementServices
toMaS M. gottLIeB, PartNer regeNCY
groUP, INC. 11711 SE 8th Street, Suite 310
Bellevue, WA 98005(425) 453-1668
NW Park Brokerage223 Taylor Ave N #211
Seattle, WA 98109(206) 652-4100
Fax (206) 652-4540
Manufactured Housing Community Sales/Purchases
MarLeNe kaPLaNAttorney at Law
5745 Wilson Ave. S.Seattle, WA 98118
(206) 923-0079 Fax (206) 923-0150
oLSeN LaW FIrM PLLC604 W. Meeker Street, Suite 101
Kent, WA 98032(253) 813-8111
Fax (253) 813-8133
JohN WoodrINg2120 State Street
Olympia, WA 98506(360) 754-7667
Park PLaCe INVeStMeNtS, INC.
32813 43rd Pl. SWFederal Way, WA 98023
(253) 952-5564
roBert deIgert reaL eState
9138 - 189th Place SWEdmonds, WA 98026
(425) 672-0173
re/MaX aLPha reaLtYLinda Firnberg
14644 SE Eastgate WayBellevue, WA 98007
(206) 232-4448
hoMe ChoICe Mortgage
2962 Limited Ln NW #BOlympia, WA 98502
(360) 709-9191
BaNkerS MUtUaL1200 Westlake Ave. N. Suite 607
Seattle, WA 981091-888-675-6305 ext. 2
roBertSoN CaPItaL CorPoratIoN
500 108th Ave N.E. Suite 800Bellevue, WA 98004-5060
(425) 452-8500
BaNNer BaNkTodd Hull, VP
3005 112th Ave. NE, Suite #100Bellevue, WA 98004
(425) 576-4312
INVeStor’S reaL eState CaPItaL, INC.
Dan Jones11400 - 45th Ave. SEEverett, WA 98208
(425) 806-8508
SeCUrItY Mortgage groUP LLC
Gerard D. DiMarco &Anthony J. DiMarco
2 State Street, Suite 810Rochester, New York 14614
(585) 423-0230
16
2007-2008 Calendar of EventsFall Training in Spokane, Kennewick, Kelso and Federal WaySpokane – October 9, 2007
DoubleTree Hotel • Spokane City Center322 North Spokane Falls Ct • 509.455.96008:00 a.m. – Registration 9:00 a.m.-12:00 p.m. – Class begins, lunch not included1:00-3:30 p.m. – Continuation of class
Kennewick – October 10, 2007Red Lion Hotel • Columbia Center1101 N. Columbia Center Boulevard • 509.783.06118:00 a.m. – Registration 9:00 a.m.-12:00 p.m. – Class begins, lunch not included1:00-3:30 p.m. – Continuation of class
Kelso – October 17 & 18, 2007Red Lion Hotel • 510 Kelso Dr. • 360.636.4400
Wednesday, October 178:00 a.m. – Registration 8:30 a.m. – Class begins 11:30 a.m.-12:30 p.m – Lunch not included12:30-2:30 p.m. – Continuation of class2:30-3:30 p.m. – Q & A – John Woodring7:00 p.m. – Dinner, see registration form
Thursday, October 188:00-9:45 a.m. – Executive Board Meeting12:00-1:00 p.m. – Lunch, see registration form10:00 a.m.-3:30 p.m. – Board Meeting
Federal Way – October 30, 2007Federal Way La Quinta Inn & Suites32124 25th Avenue South • 253.529.40008:00 a.m. – Registration 9:00 a.m.-12:00 p.m. – Class begins, lunch not included1:00-3:30 p.m. – Continuation of class
Olympia – January 24 & 25, 2008Legislative/Olympia DayPhoenix Inn Suites • 360.570.0555
Tacoma – April 27, 28, 29 & 30, 20082008 MHCW Annual Convention • La Quinta Inn & Suites1425 E. 27th St, Tacoma, WA 98421 • 253.383.0146
Sunday, April 27, 2008 Committee Meetings
Monday, April 28, 2008 Board Meeting
Tuesday, April 29, 2008 First day of convention, training & booths
Wednesday, April 30, 2008 Second day of convention, training & booths
1. APPROVED the minutes of the Quarterly Board Meeting held April 23, 2007, as presented.
2. APPROVED the Treasurer’s Report as presented.
3. APPROVED the expenditure of up to $4,000 from the PAC for various campaign donations as outlined with the lobbyist, with Executive Committee discretion.
4. APPROVED the following expenditures from the Legal Defense Fund for John Woodring for his ongoing involvement in local govern-ment, legislative, and legal activities:
a. King County Park Conversion Moratorium, manufactured housing community zoning – a maximum of $5,000 on preparation of MHCW’s legal position; with $7,000 maximum for MHCW involvement in the King County process.
b. Writ of Restitution-Storing Homes, $2,000 maximum.
A review of more funding by the Executive Committee will be done as needed.Regarding the Pierce County ordinance on impact fees, the Executive Committee is empowered to make a decision on expenditure of up to $3,000 after more information is provided to make an informed decision.
5. APPROVED a membership dues increase effective with January 2008, dues, in the amount of $1.00 per space, with 50 percent going to the Legal Defense Fund. In addition, the minimum dues for any member shall be $200.
6. APPROVED the production of the MHCW 2007 forms CD, with no Encryption requirement. The CD will sell for the conven-tion rate of $169 until November 30, 2007. The price will then go to $199.
Respectfully Submitted, Theresa Janzen, MHCW Secretary
MHCW Board Actions, July 12, 2007, Federal Way
To Be Announced
1
Donna Pfeifer, editor. Articles for futurepublicationscanbesenttotheMHCWoffice:509 12thAve. SE, Suite #7,Olympia,WA98501,[email protected].
Public Relations & Publishing:WashingtonMediaServices,Inc.407WestbayDrNWOlympia,WA98502360.754.4543Fax:360.943.7086JoyceWillms,PresidentAdrianeWolfe,CreativeDirectorCrissyMcGee,GraphicDesignerH.ToddLiggett,WebDeveloperwww.wamedia.com
MANUFACTURED HOUSING COMMUNITIES OF WASHINGTON
State Executive Officers 2007-2008PRESIDENT ..................................CraigRongey
TREASURER ..............................DonShoemaker
SECRETARY ............................... TheresaJanzen
MEMBER-AT-LARGE ........................... JudyLynn
MEMBER-AT-LARGE ....................EdleeQuesnell
GOVERNMENTRELATIONSCHAIR&
MEMBER-AT-LARGE ............................. RickJiles
MEMBER-AT-LARGE .....................JackDePeralta
EXECUTIVEDIRECTOR ..................KenSpencer
OFFICEADMINISTRATOR ............ DonnaPfeifer
Unit Presidents 2007-2008
VioletMeinzinger .........................CascadeUnitJudyLynn .......................Clallam-JeffersonUnitRobertCochran .................. InlandEmpireUnitJackDePeralta .................................. IslandUnitJoelErlitz .......... KingCounty/PugetSoundUnitEdleeQuesnell .................................KitsapUnitDebraGoethals,Acting ....................PierceUnitRickJiles ........................Snohomish/SkagitUnitCraigRongey .............................SoutheastUnitScottHess .................................SouthwestUnitTheresaJanzen ................ Thurston/MasonUnitDarrellPeoples .........................TwinCitiesUnitRichardEnsey ................................YakimaUnit
President’s Message
By Craig RongeyMHCW State President
50912thAve.SE•Suite#7Olympia,Washington98501
(360)753-8730•(800)345-5608Fax(360)753-8731
www.mhcw.org Summer is a busy time for those of us who are directly involved in the operation of our communities. For
a community to thrive, it must undergo regular maintenance and upgrades, and this is the time of year when a lot of that work is performed. Landscaping, painting, repairs and remodeling of facilities all contribute to the value and image of our communities and that has never been more important than right now, as we are under more scrutiny than ever with legal issues, media attention, and governmental actions that challenge the continued success of our industry. Beyond these visual traits and every bit as important – if not more – is the management of our communities. As summer draws to an end and the outdoor projects are winding down for the season, it is a good time to review what is happening in the community office. This is when I like to start a review of all tenant files, making sure all lease documents for each lot are complete and current, while double-checking age verification since my communities are 55+. This is also a good opportunity to make sure you have other required information, such as secured party identification, pet registrations, live-in care provider documentation, as well as voluntary information your tenants may provide you, like emergency contacts and medical alerts. I also make sure we have current supplies of other documents, including Rules and Regulations, Screening Applications and Lease Forms, Rent & Fee Schedules, etc. Having to scrounge for forms or make copies when meeting prospective tenants is embarrassing
and doesn’t give the community a positive, professional appearance. Of course, record keeping is only part of managing a community. It is vitally important that community management, whether owner/operators or hired managers, be kept informed and educated about the ongoing changes that affect our business. A court decision in one corner of the state can affect all communities statewide. An action by local, state or federal government can require changes in business practices or record keeping. The “way we’ve always done it” might not be appropriate (or even legal) anymore. Staying on top of these things is critical in operating a successful community, and the best way to stay informed is to belong to and participate in MHCW. All Unit Presidents attend quarterly meetings that include our Executive Director, Lobbyist, Attorney(s), Insurance Counsel, and members of the Executive Committee. The information compiled and shared at those meetings comes back to you at your local meetings, which I strongly urge you to attend. Continuing education is very important as well, and while still voluntary in Washington, manager training is now required in many other states. MHCW will continue to offer training seminars around the state and I encourage all community owners and managers to attend every year. The cost of attending a half or full day of training is usually less than one hour of an attorney’s time, so it is a worthwhile investment! Check your Eye on Olympia or www.mhcw.org for seminar announcements, and enjoy the rest of your summer. n
2
By Ken SpencerMHCW Executive Director
Upcoming Events and Issues
Articles in this newsletter are intended for a wide audience and cannot substitute for specific legal, insurance, or accounting advice. Opinions, interpretations, as-sumptions and predictions of the authors are not intended as legal advice from MHCW. MHCW, Washington Media Services, Inc. and its management do not make warranties with respect to accuracy, reliability, or completeness of the information in this article. MHCW members should consult their own attorneys, accountants and insurance agents for advice on their specific situation.
MHCW Disclaimer
FallTrainingSeminars
MHCW will be offering October training seminars around the state. Sessions will be held October 9th in Spokane, October 10th in Kennewick,
October 17th in Kelso, and October 30th in Federal Way. A registration form is on page 3 in this issue. The sessions will present the “ABCs of Property Management” and will be presented by Snohomish Unit President, Rick Jiles, Southwest Unit President, Scott Hess and Executive Director Ken Spencer. MHCW attorney John Woodring will be available for an hour of Q&A at the Kelso session. Space is limited, so sign up now to insure your spot. our new MhCW forms Cd will be available at the seminars and attendees will be able to purchase the Cd for the discounted rate of $169.00, saving $30.00 off the normal price of $199.00. This CD contains the latest updates of all MHCW forms.
CommunityRegistration ESSHB1461 established a community registration program run by the Department of Licensing (DOL) and a dispute resolution program that tasks the Attorney General’s office to enforce the Manufactured/Mobile Home Landlord Tenant Act (M/MHLTA). You should have received community registration forms from DOL. do not forget the october 31st deadline to register with doL. there is a delinquency fee of $250.00. The bill specifically said the department (DOL) may require: (1) The names and addresses of community owners; (2) the name and address of the community; (3) The name and address of the landlord and manager of the community; (4) The number of lots in the community subject to RCW 59.20; and (5) The addresses of each lot within the community that is subject to RCW 59.20.
MHCWLegislationFor2008 We are quickly approaching another legislative session. The 2008 session will see more pressure for extended leases, rent control, “right of first refusal”, restrictive zoning and more. The bills we defeated last session will be revived in 2008. MHCW members must get involved in the process. Contact your legislator before the session and let them know your position. MHCW’s legislation will also be revived. Be sure to ask your legislators to support them. hB 1150 clarifies that cities cannot apply provisions of SB 6593 to MHCs, such as cement foundations, certain pitched roofs, and prohibits restrictions on the location of mobile homes or manufactured homes based exclusively on age and dimensions. This bill is very important, as some communities are in danger of closing down if cities are allowed to improperly dictate the age and dimensions of homes. hB 1640, sponsored by Representative Lynn Schindler (R-4), is a much needed attempt to look at the restrictive zoning that threatens the future of our industry. It would allow siting of MHCs outside the urban growth boundaries. Press the need for this with your legislators. Senator Bob McCaslin (R-4) has also sponsored a Senate version and both will participate in a fall study of the issue that Senator Brian Weinstein (D-41), the Chair of the Senate Consumer Protection & Housing Committee, is holding. In addition to contacting your legislator, please pass our thanks on to these three who have shown us support on this critical issue. Check our website for other MHCW bills and get active now. Once the session starts it is much harder to reach your legislator for a scheduled meeting. n
Check out the websitewww.mhcw.org
15
Air Act, according to the state Department of Ecology. According to the National Oceanic and Atmospheric Administration, CFCs not only contribute to global warming, but also destroy ozone. Dunham said recycling one refrigerator is the equivalent of taking 10 tons of carbon dioxide out of the atmosphere. Dunham said about two-thirds of the CFCs in a refrigerator are contained in its walls. When they are not recycled and the foam insulation in the walls get shredded, those CFCs are released into the atmosphere, he said. The insulation comes in polyurethane sheets, with a typical refrigerator containing 10 pounds of it, he said. During recycling, the sheets are put in bags, and 350 bags at a time are shipped to Spokane where they are burned at a waste energy plant. The heat produced turns a steam engine turbine to make electricity, Dunham said. Freon also is recycled through this program; it is cleaned by a company in Seattle, which then packages it for resale, he said.
Other components are recycled too. A typical refrigerator contains:
• 100 pounds of steel• 3 pounds of aluminum• 1 pound of copper• 20 to 25 pounds of plastic• 3 pounds of glass
These parts are separated and sold for reuse. A good reason to use a newer, energy-efficient refrigerator is that old ones use as much as three times the energy of newer models, according to JACO. The avoided carbon dioxide emissions from each has about the same impact as taking two cars off the road for an entire year. Share ideas for reducing, reusing or recycling with the Features department at [email protected]. n
Reprinted with permission from the OlympianAugust 07, 2007
Recycle Your Fridge(continued from page 14)
Unit Meetings
Unit 1, Cascade ......................................................................... TBA Violet Meinzinger, Unit President ........................... 206-232-4614Unit 3, Inland empire .....................Quarterly after board meetings Robert Cochran ....................................................... 509-994-1909Unit 4, Island ...................................Quarterly after board meetings Jack DePeralta, Unit President ................................ 360-672-1488Unit 5, king County/Puget Sound ..............................2nd Tuesday Joel Erlitz, Unit President ....................................... 206-985-7275Unit 6, kitsap ................................................................2nd Tuesday Edlee Quesnell, Unit President ............................... 206-406-5766Unit 8, Clallam ..................................................................Quarterly Judy Lynn, Unit President ....................................... 360-797-7545Unit 9, Pierce ..............................................................2nd Thursday Debra Goethals, Acting Unit President ................... 253-677-4407Unit 10, Snohomish ....................................................2nd Thursday Rick Jiles, Unit President ........................................ 360-424-2310Unit 11, Southwest .............................................................Quarterly Scott Hess, Unit President ....................................... 360-546-3341Unit 12, thurston-Mason ......................... 3rd Thursday of Quarter Theresa Janzen, Unit President ............................... 360-438-0785Unit 13, Southeast .......................................................4th Thursday Craig Rongey, Unit President ................................. 509-292-8028Unit 14, twin Cities .......................................................4th Tuesday Darrell Peoples, Unit President ............................... 360-983-3094Unit 16, Yakima .................................................................. Monthly Richard Ensey, Unit President ................................ 509-575-0352
Unit Meeting Schedule
Western Washington • 888.747.7118Eastern Washington • 800.928.5325
14
As part of a new program from Puget Sound Energy, Thurston County residents can have refrigerators they no longer want picked up and recycled for free. The
refrigerators need to be in working order. To schedule a pickup, call 877-577-0510 toll free.
Aside from the luxury of a new refrigerator, recycling old ones saves money and energy and reduces the impact on the
By Linda Tarr, The Olympian
Recycle Your Fridge, Save Environment
environment, said Michael Dunham, director of energy and environmental programs for JACO Environmental, the company that picks up of refrigerators for PSE. The old refri-gerators are taken to a recycling facility in Everett, where they are taken apart and 95 percent of the materials are recycled. It is important to recycle refrigerators, which contain chlorofluorocarbons (CFCs), regulated under the federal Clean
Wewanttohelp.Weknowallpropertiesandownersaredifferent,andwewilllistencarefullytoyourconcernsandcustomizeasaleorjointventurestructuretomeet
yourneeds.Wehave$350milliontoinvest.Pleasecallustoday.
Randy Rowe or David LentzPhone: (847) 582-9400 Fax: (847) 615-1631E-Mail: [email protected]
Have You Considered Selling?
GreenCourtePartners 560OakwoodAve.,Suite100
LakeForest,IL60045
www.GreenCourtePartners.com
Serving theManufactured Housing
Industry Since 1983With the Best Selection of Manufactured
Home Community Loan Programs for YourProperty!
Baker Mortgage Co., LLC
Victor M. BakerPO Box 12964
Salem, OR 97309-0964Fax: (503) 390-8386
Types of Loans: Recourse and Non-recourse, fixed and adjustable rate loans available on three, four and five star communities
Loan Size: $250,000 and upAmortization: 30 yearsTerm: Up to 30 yearsLoan to Value: 80%Interest Rate: Spreads priced over the
comparably termed Treasury yields
Other: Private utilities acceptable
(503) 390-4914
(continued on page 15)
Note: This program is not yet available in all areas. To schedule a pickup in Thurston County, Pierce County, Snohomish County or for Puget Sound Energy customers in Western Washington call 1-877-577-0510. For Eastern Washington customers of Pacific Power or those who live in Benton County or in Richland, call 1-866-899-5539.
3
October 17 & 18, 2007 Board Meeting – Kelso& Fall Training Seminars
All officers will be considered registered for all board meetings and seminars. If unable to attend, they will arrange for a substitute. If no substitute is avail-able, the state office must be notified one week in advance of the meetings, or the director will be responsible for the applicable hotel and meal charges.
Red Lion Hotel 510KelsoDr. Kelso,WA98626 (360)636-4400
Directions: TakeI-5exit39forWA-4towardKelso.TurnleftatAllenSt/WA-4andcontinuetofollowAllenSt.TurnrightatSKelsoDr.
Pleasereturnwithyourcheckmadeoutto:ManufacturedHousingCommunitiesofWashington50912thAveSE,Suite#7,Olympia,WA98501•(360)753-8730•[email protected]
Pleasebillmycreditcard: MastercardVisa Discover(circleone)
Card# Exp.Date ______________________________
Signature _______________________________
Training Seminars & Board Meeting Registration Form
Name(s) __________________________________________________________________________________________________________
Community _____________________________________________________________________City ______________________________
PhoneorFax _____________________________________________________________________________________________________
Credit Card Billing Address the Same as Above
Address ___________________________________________________________________________________________________________
City ___________________________________________ State ___________________________________Zip ________________________
Please Include Complete Credit Card Billing Address if Different from Address Above
(clip and mail)
1. Yes,I(we)plantoattendtheSpokaneTraining–Tuesday,October9,2007,$85perperson $ ___________2. Yes,I(we)plantoattendtheKennewickTraining–Wednesday,October10,2007,$85perperson $ ___________3. Yes,I(we)plantoattendtheFederalWayTraining–Tuesday,October30,2007,$85perperson $ ___________
4. Yes,I(we)plantoattendtheKelsoTraining–Wednesday,October17,2007,$85perperson $ ___________5. Yes,I(we)plantoattendtheKelso–Wednesdaynightdinner,October17,2007,$30perperson $ ___________6. Yes,I(we)plantoattendtheKelso–ThursdayBoardMeetingLunch,October18,2007,$20perperson $ __________
Wednesday, October 17 8:00a.m.–Registration
8:30a.m.–Classbegins11:30a.m.-12:30p.m–Lunchnotincluded12:30-2:30p.m.–Continuationofclass2:30-3:30p.m.–Q&A–JohnWoodring
Committee Meetings 2:00–ManagerTrainingCommittee–MTC 2:15–FormsCommittee–FC 2:30–MembershipCommittee–MC 2:45–RulesCommittee–RC 3:30–CommitteetoProtectPropertyRights–CPPR 4:00–GovernmentRelationsCommittee–GRC 5:00–CommitteeMeetingsEnd 7:00p.m.–Dinner,seeregistrationform
Thursday, October 18 8:00a.m.–ExecutiveCommitteeMeeting 9:45a.m.–Break 10:00a.m.–BoardofDirectorsMeeting 12:00-1:00p.m.–Lunch,seeregistrationform 1:00-3:30p.m.–Meetingcontinues
(continued on page 15)
Fill out the registration form below to reserve your space at
our Fall Training Seminars!
4
Mobile home landlords and tenants in Washington now have a low-cost, efficient method to resolve disputes.
The Washington Legislature passed a law that authorizes the Attorney General’s Office to accept complaints from mobile home landlords and tenants and attempt to negotiate an agreement. The law, ESHB 1461, went into effect on July 22, 2007. It creates a new dispute resolution program funded by a new licensing fee administered by the Department of Licensing. Under the new law, landlords are required to register each lot in their park with the Department of Licensing. The fee for each lot is $10; of which, $5 may be recouped by the landlord from their tenants. The fee applies annually to each manufactured/mobile home site in all parks with more than one rental space.
The law also gives the Attorney General’s Office authority to investigate complaints to determine whether a violation of the state’s Manufactured/Mobile Home Lanlord-Tenant Act has occurred and to issue fines or other penalties to ensure compliance. These decisions are reviewable by an Adminis-trative Law Judge. The Office of Mobile/Manufactured Housing (OMH) with the state Department of Community, Trade and Economic Development will continue to provide manufactured/mobile home owners with relocation assistance and offer Mobile Home Installer Training and Certification classes. The MHLT DRP is committed to developing a cordial working relationship with the landlord and owner industry. If you have any questions or would like further informa-tion, please do not hesitate to contact us at (866) WAG-MHLT (866-924-6458) or visit our website, located at http://www.atg.wa.gov/MobileHomeLT/default.aspx. n
Message from the Attorney General’s OfficeBy Rob McKennaAttorney General
13
OurnewMHCW forms CDwillbeavailableat theseminarsandattendeeswillbeabletopurchasetheCDfor the discounted rate of$169.00, saving $30.00of f the normal price of$199.00.ThisCDcontainsthelatestupdatesofallMHCWforms.
Don’t Miss Out!NO
W O
N S
ALE
!!!
By Scott Hess, Southwest Unit President
News from Aroundthe State
In the Southwest Unit, we are actively committed to expanding our educational focus and knowledge regard-ing topics impacting our communities, residents and the
manufactured housing industry. Our meetings provide an opportunity for members and others in the housing industry to meet, network and discuss issues relating to owning, oper-ating, and managing a manufactured housing community. Our mission is to address these issues head-on in a caring, supportive and practical manner by viewing them as chal-lenges while seeking a win-win solution. We are continuing
to expand our training beyond the Landlord-Tenant Act to include topics that are impacting our industry today. This is apparent through our involvement in selecting training topics and participation in our state association. I would like to thank all members of the Southwest Unit for their effort and assistance in shaping our future in this industry. Without your participation, we would not be able to address the issues, concerns and needs facing manufactured housing communities today. n
Don’t see your business ad in this issue? Call 360-754-4543 today to advertise in the next issue. You better hurry – space is limited,
so reserve yours NOW!
12
that underwriters use to make the risk more attractive because of past losses.
B. If you have a vehicle that is titled in your LLC or Corporation but is operated by you and/or your family members as a personal vehicle, instead of having it on a corporate policy it may be added to your personal automobile policy and the LLC or Corporation can be named as an additional insured.
BoatsandJetSkisA. Some small boats (canoes, row boats, etc.) are covered by
the homeowners; however, if it has an engine it probably needs a separate policy.
B. Jet skis are major exclusions on any policy. If you have one, call your agent today and make sure you have coverage. They are the trampolines of personal insurance.
HigherLiabilityLimitsA. Most Homeowners’ carriers only provide $500,000 as
a maximum limit; however, they usually offer umbrella liability from $1,000,000 up to $100,000,000. Get a quote. It isn’t going to break the bank.
B. Automobile policies can usually be purchased up to $1,000,000, and we recommend that as the very minimum. If you put your home and auto with the same insurer, that insurer will probably offer excess/umbrella limits for a very affordable premium.
C. If you have the boats and/or jet skis, the carrier who provides the insurance for the home and automobile will probably not insure the excess liability for the boat or jet skis, but there are insurers who will do that, it just takes a little more work on the part of the insurance agent. And you want to keep us busy anyway.
You are all business people, and your usual thought process says if the LLC or the Corporation runs into big liability issues, we will collapse the LLC or Corporation, but unless everything you own is in an LLC or Corporate name you may be very liable through the back door if your automobile, boat, jet ski, RV, motorcycle, or other toy maims or kills someone. Call your agent and get your personal insurance update. Over the years I’ve preached that we are not mind readers; we Insurance Agents don’t know when the exposure changes. Probably because our crystal ball is foggy most days; so you have to tell us. Ask for and get a schedule of insurance from your agent and ask about these items. Protect yourself. Just so you don’t think I’m overlooking my duty, here is the drill for the Community: clean the roof and gutters, fix the potholes, trim the trees, pick up debris, make sure the tenants have clean spaces and skirting in good repair, pull the weeds, mow the grass, and get rid of the trampolines. There, I feel better already! If you need any additional information on anything in this note give us a call. If it is about your homeowners or personal automobile, call Rita Messina in our office at 800-347-8774, or her direct line 425-896-2126, and email is [email protected]. You are welcome to call any of us in the Manufactured Housing Community Department, Candy, Debbie, Janet, LeAnn, Rebecca, Robette, Shaun or me, regarding your community’s insurance. We can be reached at the same toll free number, 800-347-8774, my direct line is 425-896-2135, or email [email protected]. Take care. n
It’s All About You(continued from page 11)
You Find The Property. Todd Finds The Loan.
When it comes to customized income property loan pro-grams Todd Hull knows all. Especially when it comes to:
• Manufactured housing communities and apartments
• $250,000-$3,000,000 (Larger loan programs and amounts available on request)
• Financing for mobile home park communities
• 75% LV on purchases and rate and term fi nances
• 1,3,5 and 7 year adjustables/30 year terms
So if you’re looking for someone who has defi nitive answers on income property loans, call Todd. He’ll make it work.
Better ideas. Better banking.
www.bannerbank.com Member FDIC
Contact Todd Hull at the Bellevue Corporate & Real Estate Loan Center
(425) 576-4312
5
King County Review Creating “Residential Mobile Park” Zone
to purchase. We have successfully litigated this issue in the State Supreme Court. We support building more communities. This can be accomplished by reasonable zoning and other land use measures. We believe the private sector should be constructing communities and should not be placed at any disadvantage in regard to the public sector constructing or purchasing communities. MHCW will continue its efforts in King County and other jurisdictions in representing our industry’s interests. n
King County is reviewing whether to establish a “Residential Mobile Park” zone for the express purpose of prevent-
ing manufactured housing communities from closing and converting to other uses. The County is also looking at other measures such as charging mitigation fees to community own-ers on closure to pay to tenants and to use to finance replacement communities; partnering with non-profit entities, housing authorities, and land trusts to purchase communities at risk to close; establishing favorable zoning for the construction of new manufactured housing communities; offering incentives to commu-nity owners to sell to their tenants; and enacting a tenant “right of first refusal” law to purchase communities. The County will also look at a temporary moratorium on closures. The review will be completed by September 20, 2007. MHCW has responded. We submitted our position to King County Executive Ron Sims on August 14, 2007. (It is available through the MHCW office). We are preparing a legal analysis on the options that will be presented to the Council. This is another local government reaction to the on-going issue of community closures to convert the property to alter-native uses. MHCW has been consistent in opposing any measures that would infringe upon the community owner’s legal rights to change the use of the property and recognize the fair market value of the property. MHCW does not support restrictive zoning to prevent communities from closing. We oppose controlling who may purchase our properties and giving certain groups a priority
By John E. WoodringMHCW Legal Counsel and Lobbyist
Fall Training Seminars 2007
Sponsored by MHCW
ABC’sofPropertyManagerTrainingRoad map for effective community management:
Common sense approach to avoiding today’s pitfallswhile facing the complex challenges surrounding
being a property manager. Great hands-on trainingfor today’s managers.
Spokane – October 9, 2007DoubleTree Hotel • Spokane City Center
322 North Spokane Falls Ct • 509.455.9600
Kennewick – October 10, 2007Red Lion Hotel • Columbia Center
1101 N. Columbia Center Boulevard • 509.783.0611
Kelso – October 17, 2007Red Lion Hotel
510 Kelso Dr. • 360.636.4400
Federal Way – October 30, 2007Federal Way La Quinta Inn & Suites
32124 25th Avenue South • 253.529.4000
Fill out the
registration form
on page 3!
6
In early August, the Department of Licensing (DOL) mailed letters to each manufactured housing community in Washington, and we have received a number of phone
calls from owners and managers who wonder what it all means. In short, the Attorney General Enforcement Law became effective on July 22, 2007, and the August 4, 2007 letter from the Department of Licensing is part and parcel of that new law which requires that each community “register” by October 31, 2007. Yes, you already “registered” last year, but that was for the Washington State Committee on Economic and Trade Development (CTED), and the AG Enforcement Bill requires that you register with the Washington State Department of Licensing. This record will then be used by the Attorney
General’s office to manage their new landlord-tenant dispute resolution department. The Master Business Application is DOL’s form to either open a business in Washington, or change an existing business license registration. To register your manufactured home community, check the box in Section 1 (on the first page of the Master Business Application) for “Add License/Registration to Existing Location” and then complete sections 2, 3, 4, and 6 of the Master Business Application. The Department of Licensing also included a Trade Name Registration Business Bulletin in its mailing to each manufactured home community. Although not required by the AG Enforcement Bill, the DOL provided the trade name
Do I Need to Complete a New Master Business License by October 31, 2007?
By Walter Olsen, Jr. PLLCAttorney at law, Associate Member
(continued on page 8)
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By Mary Snyder, Associate Member
It is time to talk about something besides insurance for manufactured housing communities. It is time to talk about the insurance needs of you; the Manufactured Housing
Communities owner or manager. I’ll bet that you haven’t had an agent review your current insurance plan for at least five years, and only then was the Homeowners policy reviewed because you refinanced your home and you took whatever limits the lender required. It is important that you think in terms of what is in your name. You have taken your attorney’s advice, and have moved the community from a sole proprietorship to an LLC, or a corporation, but your home and all of the toys that you own are in your name, and potentially the liability from those personal exposures could reduce your net worth. Following are some points to ponder:
HomeownersInsuranceA. You should make sure that you have Replacement Cost
on your Building and Contents.
B. Check your policy for sub-limits on the following properties:1. Jewelry2. Sports Equipment3. Collections – i.e. Stamps, Wine, Coins, Fine Art If the value of your collections exceeds what is shown as a sub-limit, you need to schedule the property. I found that my homeowner’s policy has a limit of $1,500 on jewelry, and while my jewelry schedule isn’t the most extensive in the world, it does exceed $1,500.
It’s All About You
C. You may be able to amend your coverage to include Water/Sewer Backup, Identify Theft, or with some insurers you can amend the coverage to include “All Risk” which will include Earthquake insurance on your contents. That is a deal.
D. Keep in mind that all policies have exclusions. Just because you can buy it, doesn’t mean that it is automatically insured. Examples of these are boats and jet skis. You need a separate policy.
AutomobileInsuranceA. The best bang for your buck on deductibles is usually $250
on Comprehensive (fire, theft, windshield) and $500 on Collision. Higher deductibles are usually a mechanism
(continued on page 12)
POBox7113Olympia,WA98507(360)456-2027(800)597-3739Fax(877)491-0448
10
MHCW Olympia Day, Legislative Reception & Board Meeting
January 24 & 25, 2008
Hurry and make your reservations – rooms are filling up fast at the Phoenix Inn Suites • 415 Capitol Way N. • (360) 570-0555
Check www.mhcw.org for more information or call the MHCW office at (800) 345-5608.
Mark your calendar NOW!
Contact Information
Name _________________________________________________________________________________________________
Address ________________________________________________________________________________________________
Email _______________________________________________________ Phone( _______ ) __________________________
Iprefertobecontactedby: ophone oemail odirectmail
Volunteer Opportunities
Yes,IwanttohelpmaketheMHCWagendasuccessful.Iwill...
o Contactmylegislatorsbyemail,phoneorlettero MeetwithmyLegislatorsinDistricto CometoLegislativeDayinOlympiatomeetwithmyLegislatorso Participateincharitableeventsinmydistrict
Pleasemailto: KenSpencer,MHCW•50912thAve.SE,Suite#7•Olympia,WA98501
Pleaseclipoutanmailtoaddresslistedbelow! !
7
Do I Need to...?(continued from page 6)
information in the same mailing as the AG Enforcement Bill Law, presumably to remind you that you must register any business name used in the course of business that does not include the full legal name of all the owners of the business. You should have done this when you first opened your business, but your business name may have changed over time. For example, perhaps you changed your business name from XYZ Mobile Home Park to XYZ Manufactured Home Community, or perhaps you have transferred your business
to a Corporation or Limited Liability Company which resulted in a change to your business name. Washington law requires that any trade name be registered. If you fail to register any trade name, you are not entitled to maintain any lawsuit, including eviction actions, on behalf of your business in any court of this state. So, if your business name or ownership has changed in any way since you first started your business, you should register any trade name which you now use and did not identify in your original Master Business Application. Either way, you will need to complete Sections 1, 2, 3, 4, and 6 of the Master Business Application in order to register your community and comply with the new AG Enforcement Law. n
Welcome New Members
Palisades MhPAuburn
Plaza estatesWalla Walla
Snug harbor MhPPort Orchard
Wagon Wheel Ephrata
Castlerock MhPForks
Charwood MhPFederal Way
Country Court MhPBurlington
Mountain ValleySpanaway
Mark your calendar NOW!
8
Take advantage of the newest rates, contact us at one of our off ices:p: 425.806.8508 • t : 877.806.8508 • c: 206.650.4935 • f : 425.385.2858 e: dawn@irecapi ta l .com11400 45th Ave SE • Everet t • WA • 98208
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Mobile Home Community
(And Other Income Proper t ies.)
By Marlene Kaplan Attorney at Law, Associate Member
What Should You Want To KnowFrom A Potential Applicant
(continued on page 9)
Many manufactured home communities use screening services to review potential applicants for residency. Although I absolutely recommend
that screening services be utilized, the community owner should seek more information than is sought by the screening company. Screening companies are only interested in the financial history, residential history and criminal background of the potential applicant. This information is critical, and should be well documented, but is not all that a community owner should know about the applicant. I highly recommend that the community owner draft a supplementary application which accompanies the application of the screening company. Or, which is drafted as the sole application if a screening company is not utilized. The application should ask the following information, which is usually not requested by the screening company:
1. What is the make, model, year and serial number of the home you intend on occupying? (You may not turn down a potential applicant on the basis of the age of the home, but it is imperative that you have this information on file, even if the applicant is simply purchasing a home already on park property);
2. Please identify the vehicles you intend on parking daily on community property. In specific, please identify the make, model and year of the vehicle(s);
3. Please specify the names and ages of the occupants who will be residing with you on community property;
4. Please specify if you have any pets which will be also residing on community property. If any pet is a “service animal”, please so state. Otherwise, please specify by
9
age, poundage and breed the identity of any pets which will be residing on community property;
5. Please confirm that you have reviewed the rules and regulations of the community and are willing to sign a rental agreement that requires compliance with the reviewed rules and regulations of the community;
6. Please state any and all matters, conditions or facts which are relevant to your (intended) tenancy and which should be known by management in evaluating your application;
7. Please state if there are any medical conditions which should be known by management which may impact your intended residency; and
8. Please explain any issues which community management should know regarding your reported financial history and/or reported residential history (if applicable);
9. Please explain any issues community management should know regarding your reported criminal history (if applicable); and
10. Please identify if there are any persons not occupying the subject residence who will have authority to enter your home for emergency purposes.
RCW 59.20.080 (1) (g) provides that you may terminate the tenancy of a resident if the application contained a “material misstatement” that induced the community owner to approve the tenant as a resident and the misstatement is discovered within one year from the time that the resident commenced payment of rent. If the application is simply cursory there may be limited opportunity to claim that the applicant made a material misstatement. Often, by way of example, the approved resident moves in with more pets than expected. If there is a place on the application to identify what pets will be
accompanying the resident, management can then have the option of terminating the residents’ tenancy for making a material misstatement if the amount of pets on park property exceed the identified pets on the resident’s application. If there is no question asked, there are no grounds to claim a material misstatement was made. Regardless of whether the application is a source of reliance for purposes of assuring the truthfulness of the statements, the application can also serve as a means of assuring the safety of the community. By knowing what vehicles are authorized to be on community property and by knowing whether there are persons who have rights to enter the home, for example, management has better tools to determine the identity of unauthorized vehicles and trespassers. For all of these reasons, management should take great interest in the application process and use this process for meaningful evaluation as well as for reliance on the information gained. n
What Should You Want to Know...(continued from page 8)
