The California (HCD) Mandate Regulating
Manufactured Home Foundations
PART 1
The California Housing &
Community Deveiopment
Department (HCD) has
established a protocol for
installing Mobile Homes or
Manufactured Home on
This process can be a very complicated and frustrating process for most Real Estate Professionals and/or Homeowners needing to retrofit their Mobile or Manufactured Home for the purpose of long term financing associated with a Resident owned community i.e. Condo Conversion, Sub Division, Planned Unit Development (PUD) or on a private lot or parcel
The section we are providing below is a complete
unabridged and unedited transcript from: The HEALTH
& SAFETY CODE SECTION 18605. It is extremely lengthy and had to be broken down in two parts.
We are providing this information because we get a steady stream of calls from unwary real estate professionals and consumers wanting to know where all this information is. However, we strongly recommend that you always consult an EXPERT should you desire to move forward with this procedure as it is quite a procedure.
HEALTH AND SAFETY CODE SECTION 18605
18551. The department shall establish regulations for manufactured
home, mobilehome, and commercial modular foundation systems that
shall be applicable throughout the state. When established, these
regulations supersede any ordinance enacted by any city, county, or
city and county applicable to manufactured home, mobilehome, and
commercial modular foundation systems. The department may approve
alternate foundation systems to those provided by regulation if the
department is satisfied of equivalent performance. The department
shall document approval of alternate systems by its stamp of approval
on the plans and specifications for the alternate foundation system.
A manufactured home, mobilehome, or commercial modular may be
installed on a foundation system as either a fixture or improvement
to the real property, in accordance with subdivision (a), or a
manufactured home or mobilehome may be installed on a foundation
system as a chattel, in accordance with subdivision (b).
(a) Notwithstanding any other law, prior to a manufactured home,
mobilehome, or commercial modular being deemed a fixture or
improvement to the real property, the installation shall comply with
all of the following:
(1) Prior to installation of a manufactured home, mobilehome, or
commercial modular on a foundation system, the manufactured home,
mobilehome, or commercial modular owner or a licensed contractor
shall obtain a building permit from the appropriate enforcement
agency. To obtain a permit, the owner or contractor shall provide the
following:
(A) Written evidence acceptable to the enforcement agency that the
manufactured home, mobilehome, or commercial modular owner owns,
holds title to, or is purchasing the real property where the
mobilehome is to be installed on a foundation system. A lease held by
the manufactured home, mobilehome, or commercial modular owner, that
is transferable, for the exclusive use of the real property where
the manufactured home, mobilehome, or commercial modular is to be
installed, shall be deemed to comply with this paragraph if the lease
is for a term of 35 years or more, or if less than 35 years, for a
term mutually agreed upon by the lessor and lessee, and the term of
the lease is not revocable at the discretion of the lessor except for
cause, as described in subdivisions 2 to 5, inclusive, of Section
1161 of the Code of Civil Procedure.
(B) Written evidence acceptable to the enforcement agency that the
registered owner owns the manufactured home, mobilehome, or
commercial modular free of any liens or encumbrances or, in the event
that the legal owner is not the registered owner, or liens and
encumbrances exist on the manufactured home, mobilehome, or
commercial modular, written evidence provided by the legal owner and
any lienors or encumbrancers that the legal owner, lienor, or
encumbrancer consents to the attachment of the manufactured home,
mobilehome, or commercial modular upon the discharge of any personal
lien, that may be conditioned upon the satisfaction by the registered
owner of the obligation secured by the lien.
(C) Plans and specifications required by department regulations or
a department-approved alternate for the manufactured home,
mobilehome, or commercial modular foundation system.
(D) The manufactured home, mobilehome, or commercial modular
manufacturer's installation instructions, or plans and specifications
signed by a California-licensed architect or engineer covering the
installation of an individual manufactured home, mobilehome, or
commercial modular in the absence of the manufactured home,
mobilehome, or commercial modular manufacturer's instructions.
(E) Building permit fees established by ordinance or regulation of
the appropriate enforcement agency.
(F) A fee payable to the department in the amount of eleven
dollars ($11) for each transportable section of the manufactured
home, mobilehome, or commercial modular, that shall be transmitted to
the department at the time the certificate of occupancy is issued
with a copy of the building permit and any other information
concerning the manufactured home, mobilehome, or commercial modular
that the department may prescribe on forms provided by the
department.
(2) (A) Within five business days of the issuance of the
certificate of occupancy for the manufactured home, mobilehome, or
commercial modular by the appropriate enforcement agency, the
enforcement agency shall record a document naming the owner of the
real property, describing the real property with certainty, and
stating that a manufactured home, mobilehome, or commercial modular
has been affixed to that real property by installation on a
foundation system pursuant to this subdivision. The document shall be
recorded with the county recorder of the county where the real
property, upon which the manufactured home, mobilehome, or commercial
modular that has been installed, is situated.
(B) When recorded, the document referred to in subparagraph (A)
shall be indexed by the county recorder to the named owner and shall
be deemed to give constructive notice as to its contents to all
persons thereafter dealing with the real property.
(C) Fees received by the department pursuant to subparagraph (F)
of paragraph (1) shall be deposited in the Mobilehome-Manufactured
Home Revolving Fund established under subdivision (a) of Section
18016.5.
(3) The certification of title and other indicia of registration
shall be surrendered to the department pursuant to regulations
adopted by the department providing for the cancellation of
registration of a manufactured home, mobilehome, or commercial
modular that is permanently attached to the ground on a foundation
system pursuant to subdivision (a). For the purposes of this
subdivision, permanent affixation to a foundation system shall be
deemed to have occurred on the day a certificate of occupancy is
issued to the manufactured home, mobilehome, or commercial modular
owner and the document referred to in subparagraph (A) of paragraph
(2) is recorded. Cancellation shall be effective as of that date and
the department shall enter the cancellation on its records upon
receipt of a copy of the certificate of occupancy. This subdivision
shall not be construed to affect the application of existing laws, or
the department's regulations or procedures with regard to the
cancellation of registration, except as to the requirement therefor
and the effective date thereof.
(4) Once installed on a foundation system in compliance with this
subdivision, a manufactured home, mobilehome, or commercial modular
shall be deemed a fixture and a real property improvement to the real
property to which it is affixed. Physical removal of the
manufactured home, mobilehome, or commercial modular shall thereafter
be prohibited without the consent of all persons or entities who, at
the time of removal, have title to any estate or interest in the
real property to which the manufactured home, mobilehome, or
commercial modular is affixed.
We strongly recommend that anyone who has a need or
an interest in going through this process do so with the
help of an experienced and knowledgable PERMIT
PROCESSER and a licenesd MANUFACTURED HOME
Over the years that we have been providing these services we have
had the unfortunate duty of dealing with CURATIVE TITLE issues
because either the title company, escrow company, real estate
professional or homeowner didn't understand the procedure and
ended up not having a legal LAND & HOME title. This can be a very
painful and costly procedure for all parties that can and often does end up very ugly.
Call On Us Anytime To BE Your
Go To Guys
For Information & Knowledge about
MANUFACTURED HOMES
800 909-1110
JOHN ARENDSEN 760 815-6977
Scott Arendsen 760 415-1923
scottarendsen@mac.com
JANIS ARENDSEN 760 415-1982
janlinden@mac.com
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