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The California (HCD) Mandate Regulating Manufactured Home Foundations

By
Real Estate Broker/Owner with CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments 521400, 1501015, 01795582

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

FOUNDATIONS SYSTEMS.

 

 

 

 

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

CONTRACTOR. 

 

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

 

 ON THE LEVEL GENERAL CONTRACTORS INC.

 

 800 909-1110

JOHN ARENDSEN 760 815-6977

onthelevel@cox.net

 

 Scott Arendsen 760 415-1923

scottarendsen@mac.com 

 

 

 

 JANIS ARENDSEN 760 415-1982

 

janlinden@mac.com

 

 

Posted by

Why To Choose Us?

John DL Arendsen, Broker, General & Manufactured Home Contractor and Dealer 

TAG Real Estate Sales & Investments

TAG (The Arendsen Group) Real Estate Sales & Investments is a full service, one-stop, turnkey, family owned and operated real estate brokerage, General Contractor, Manufactured Home Contractor, Developer, Investor, Property Manager, Interior Design, Engineering, architectural, Landscape design, Expert Witness, Consulting, Curative Title and Troubleshooting company with over 100 years of combined experience in the San Diego real estate sales, construction, design & development arena.

 

 

 

 

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Anonymous
Wrenn L Green Sr

I will say the way California is handling manufactured and mobile homes is staying on top of the industry. I am in Tallahassee, Florida and in a neighborhood developed in 1968 when the mobile home growth was at its best. The Mobile Home Industry was in effect back then and headquartered in Tallahassee, Florida. The head was a man by the name of Mr. E. C. Allen. He built in Tallahassee 2 Paradise Village neighborhoods. We are in the East and the other was called West. He developed the finest North Florida coastal neighborhood at the same period and it is called Paradise Village at Shell Point. My wife and I bought our first place in 1979 in the Paradise Village East neighborhood. I was working at the local telephone company in 1969 and drove on the street we live on now when it was being paved. I put some of the first telephone lines in and I wish I had the foresight back then to buy up most of what was up for sale. We were renting a place and expecting our first child and my mind wasn't on buying a mobile home. We could barely afford what we rented for $60. a month. Fast forward to July 2014. I miss all the good neighbors we had when we first moved in. I was lucky to have had such good neighbors that they offered their places to me and I started my retirement idea with the acquisition of now rental properties. It took the owners financing the old mobile homes because the banks and credit unions don't like pre 1976 built manufactured homes. The land is what is valuable now and not the homes. I know my story rambles on and your probably thinking why is this man doing this. I love my neighborhood. It consist of about 175 individual real estate lots that are taxed as real property. The original owners have just about all passed and most are now owned by individuals that don't live here but rent theirs. This is probably true for about 90% of all the places. I have a couple of original neighbors who are in their late 80's. They are the last of private owners who still live in this neighborhood. I could keep going on, but California probably doesn't care about Florida and its issues. Keep in touch if you would like to. Have a great Humpday Wednesday.

Jul 22, 2014 11:49 PM
#1