February 2009

What Will Happen Now?

As many of you know by now, our Corporate Attorney has resigned his position in order to take the place of Maurice Priest with GSMOL as their Corporate Attorney.  Actually CMRAA did not use Bruce Stanton in that capacity very often.  Instead, we relied upon him to attend Regional Meetings and to keep us updated on his general activities, as well as on legislative developments.  As President, I would refer CMRAA members to him, allowing him to use our retainer fees for up to an hour in order for him to ascertain whether or not that member had a reasonable case against Management or Park Owners.

What does that mean for CMRAA members needing legal advice?  Currently he will still talk to you, and he will help you, but he will not accept CMRAA fees for doing so.  He will still give, according to what he told the CMRAA Board, members a reduced fee.  You will have to pay for his time since we will no longer be able to give you “free time” with him.

However, we are currently looking into legal services offered by other firms.  We have been discussing retaining two law offices, one whose practices cover the entire Bay Area, and one in San Louis Obispo whose practices run down to Santa Barbara.  Depending upon the retainer fees asked CMRAA will still be able to offer individual members and entire community’s legal advice and services.  Our retainer fee for Bruce Stanton was twelve thousand a year, or more, depending on how often we used him.  Retaining two law firms would cost us at least that, if not twice as much.  Since we rely solely upon membership fees and small donations to the legal fund to pay for those services, we will need to continue to seek new members as well as retain our current membership.

The bottom line is that if CMRAA is to continue to function and maintain our goals of protecting homeowners from abuses by Management, we need you to stay the course, and recruit new members for us.  (More on that on a separate page.)

To paraphrase President John F. Kennedy, “ask not what CMRAA can do for you, but what you can do for CMRAA”.   That sounds rather harsh, I know, but it is a reality that needs to be discussed.  We get castigated by other people for not running all over the state helping homeowners with their problems.  There are a number of reasons for that, but the biggest is financial.  Another is that I can’t go into any community without an invitation from someone in that community.  A third reason is that, quite frankly, people expect us to come in and solve their problems without their having to take part in the resolutions of those problems.  It doesn’t work that way.

One case like that and CMRAA would probably be bankrupt.  We not only expect people asking for help to join CMRAA to give us a legitimate claim of representation, but to defray the expenses of helping them.  We expect them to raise the funds to pay for legal representation.

I use my community, Summerset Estates in Alviso, as a prime example of this effort.  Five years ago we received a notification by the Park Owners, on the 26^th of December, that they were petitioning San Jose for a rent increase of $620 per space – effectively doubling space rents.  As a community we sought help from CMRAA.  At that time none of us were CMRAA members.  Dave Hennessy, Larry Boales, and Bruce Stanton came out to address our issues.  We were informed of a number of things that were mandatory before they would take us on.  One of the more important points was that WE HAD TO DO IT OURSELVES.  CMRAA would provide the training, guiding us every step of the way, and provide the legal expertise.  But the bottom line was unless we took on the responsibility of getting all the scut work done, CMRAA would be helpless since they did not have the resources to do it themselves.

First we had to have the majority of residents join CMRAA. Of 112 homes, 104 joined.  This gave us strength in numbers and one the City could not ignore in the legal arena.

Second, we had to raise the money to pay the legal fees that would be necessary to put on a defense.  We were told that it would cost us approximately 10,000 dollars to do this.  That is a huge sum of money but if everyone put in 100 dollars per household (104 residences) we could raise that money.   This community came together.  Some people paid more, some less, according to their means.  A week later we had nearly 11,000 dollars.  We paid the attorney a 3,000 dollar retainer and put the rest into the bank.

Third, we had to research the Park Owner, who was required to turn over documents, expenses, and all relevant materials that they would be using in their case for the rent increase.  They delivered boxes and boxes of documents.  We put together a committee with people that had the background and knowledge to do this.  We had retired accountants, retired engineers, retired contractors, and even an IRS employee to help us get our act together.

As a community, we raised the money, we put together the documentation, and we listened to the advice and council of CMRAA and our attorney.  We went into arbitration. We were told to negotiate a settlement with the Park Owner

We made non-negotiable demands: furnishing for the clubhouse that had not one stick of furniture, repair of the streets, repair of streetlights and gutters, restoration of the common areas, and the return of two rooms in the clubhouse that had been taken over by management for their private use.  For that we would agree to pay 25 dollars a month rent increase.

Management came down to 500 dollars, then 300 dollars, then 200 dollars, then again to 100 dollars.  We went up to 30 dollars.  The counter offered 75; we went up to 35 dollars. They came down to 50, then 40 dollars.  We went up to 39 dollars, to INCLUDE the 3% increase authorized by the Rent Control Ordinance annually.  Management settled.

   We won.  CMRAA guided us, trained us, worked with us, and encouraged us, but the bottom line is that WE did it.  The community did it, but we could not have done it without CMRAA.

 Just Imagine If……….

With the apathy and unconcern of residents, every state organization, CMRAA, GSMOL, Neighborhood Friends, and CoMoCal are losing members, or people are simply choosing not to join.  Let us suppose that all of us folded up, no longer able to sustain our efforts on your behalves in the State Legislature and Committees, with local governments, and unable to help guide you in your efforts to protect yourselves: What would happen?  You no longer have state organizations representing your interests in Sacramento.  You no longer have state organizations with the knowledge, the expertise to help you fight local matters that threaten to increase your rents and drive you out of your homes – what do you do? Who do you turn to?  Is your local HOA strong enough and capable enough to get things done?  Honestly, some might be – but they would have to have the full support of every resident in the community.

We are losing ground rapidly, and our way of life with it.  All over this state, as well as the nation, corporations are buying up our communities and are forcing changes with high rents, condolizing, petitioning to tear them down and put up high rises or other buildings, and generally destroying our homes.

Dana Point – Makar bought the property in 2004 and close the community in 2005.  Residents were outraged, but ultimately were forced to leave.  Makar is now asking to rezone the property for residential/commercial use. 

East Palo Alto – Park owners are forcing condolization of the community, claiming that the property is worth 60 million dollars.  The City Council approved this conversion.

Oxnard City Council has approved a plan to redevelop one of our communities.

Fremont, Ca., Park Owner is threatening to close the Park unless the City grants a 49% increase in rent.

The list goes on and on and on.  And it isn’t going to get any shorter.  Eventually your home will be threatened again if it is not already.  Eventually, given the way things are going, and despite the economy, Park Owners and Corporations are going to figure out a way to get rid of you.  If CMRAA, GSMOL, CoMoCal, Neighborhood Friends, and others aren’t there to speak for you, if you can’t be bothered to join or get others to join, then 2 million people in California will have lost the fight without ever having raised a hand to defend themselves. 

Live Free – Or Die.

MESSAGE FROM YOUR VICE PRESIDENT –

URSULA HELSING

WE CARE ABOUT ALL OF YOU!!!!!!

At this point in time, we are all being faced with uncertainties in our lives.  People are losing their jobs, others are in fear of losing their jobs and most of us are struggling to make ends meet during these economically trying times.

Mobile home residents have added burdens.  Because we rent the land that our homes are situated on, we face the added uncertainty of what the park owners and/or managers are going to do that will affect us and keep us from feeling secure in our own homes.

While manning the CMRAA phone lines, we hear stories constantly of park managers who are harassing and intimidating residents in one way or another.  This is unacceptable and should not be tolerated. We often go out to individual parks to help solve the problems. In addition to this, we all know that park owners are constantly working on how to get more rent money out of us.  CMRAA keeps their pulse on what is happening at the legislative level and fights those bills that are not beneficial to us as residents of a Mobile home community.

When things are quiet, many residents believe that they no longer need the added protection afforded to them by CMRAA and so they no longer renew their CMRAA membership. Are these people positive that things are going to stay good for them? This is a false sense of security!!!! The reality is we never know when the next shoe will drop. Most times it will drop when we are least aware and not ready to face the situation. NOT A GOOD THING.

CMRAA is comprised of volunteers who care about the good of the residents of Mobile homes.  We work diligently all the time to make sure that residents are protected. We do not get paid in any way, shape or form.  The dues that we receive are solely used for operating expenses. So you see.  We care about all of you!!!!

NOW!!! This is where all of you come in……………………………………

We need your help desperately!!!!!  We need you to talk to neighbors, friends, and family, anyone who lives in Mobile home communities, encourage them to join CMRAA or GSMOL, Neighborhood Friends, or COMOCAL.  Let them know, just how important this protection is and that they should not be lulled into a false sense of security.  In addition tell past members who have not renewed, that it is important to keep their memberships going so that we can continue the on-going fight to protect them.  Those of you who are receiving the newsletter already know how important it is, we need to insure that others are also made aware.

It should also be known that CMRAA may not enter mobile home communities without an invitation.  So if you want us to help residents in your parks and would like us to have a meeting to discuss their rights, then by all means invite us in so that we can do our job. The CMRAA telephone number is: (408) 327-9252

      LET’S DO IT!!!     MAKE 2009 A SUCCESSFUL YEAR FOR RESIDENTS.

INVITE US INTO YOUR PARK

Find out who we are, what we do.  We would very much like to address your concerns, answer your questions, help solve your issues and meet with you.

So many residents in parks have concerns and issues and they do not know what to do about it.  Now is your chance to set up meetings with us and your residents to do something about it.

Just call the CMRAA phone line and we will get back to you and set up a time for a meeting to discuss your issues and concerns and to apprise you of your rights as residents of Mobile home communities.  The CMRAA phone line number is:     (408) 327-9252.

Another way to keep informed, of course, is to attend our regional meetings. We will be having these meetings more often this year.  You can also invite us to have our regional meetings at your park.

Do whatever you can to promote solidarity.  In these times of uncertainties it is more important than ever.  We are looking forward to meeting you.

We have CMRAA members all over the state that we seldom hear from.  However, that doesn’t mean they can’t contact us and offer to host a CMRAA Regional Meeting.  For instance, Dalis Gardens in Concord has a large number of members and it has been two years since I have heard from them, and that was over a proposed rent control change.  What about the folks in San Luis Obispo, or Redding?  We had a great meeting down at Spanish Springs in Palm Desert not long ago.  It is all a matter of your interests, and your requests.  There doesn’t have to be imminent problems, only a desire to be included and updated and informed.  The CMRAA Board of Directors would be delighted to have every month of 2009 filled with meetings.  Call us.

How Wrong is that – or How Lucky are we?

     You think we have problems with threats to evict us, well you ain’t heard nothing yet.  In Montana there are few laws to protect home owners in our communities.  If the Owner wants you out you are gone.  They don’t have to give you a reason, and they don’t have to serve you with an eviction notice (as far as I have been able to ascertain).  What they do is have you arrested for trespass.  The cops come, put you in cuffs (including your spouse) and haul you off to jail. 

      In California, at least, there are 7 clearly defined requirements that will allow an eviction order to be issued.  These include, but are not limited to, not paying your rent or being habitually late in paying, an arrest AND CONVICTION of a crime committed in the community, and being a “substantial annoyance” to your neighbors/community. 

I would assume that in Montana that Management says something like, “ I want you out of here, you have 30 days to get, after that I’ll have you arrested for trespass.”  They MIGHT even have to give you written notice – but the point is, you have no legal grounds to stand on.  There are 33 states in the USA that have no protections for manufactured/mobile home owners.  California is one of 4 that do have laws on the books.  Of course, as we all know, enforcement of those laws are up to us, the homeowners.

Recruit New Members – and be Rewarded.

     Note a new line at the bottom of the Application for Membership.  For every new member you recruit, you will be given a 2 month extension on your membership. Recruit 6 more members and it is worth a full year extension.  If you recruit 25 new members, you will be given a Lifetime Membership in CMRAA.  Note that a new member who has been recruited may also take advantage of the membership extension if they, in turn, recruit a neighbor or friend to join.  The name of the recruiter/sponser MUST be included in the space provided in order to be given due credit.