At the RANM Spring Meeting the Hotline Attorney Ashley Strauss-Martin covered Manufactured Housing in her Legal Update.
Due to RANM’s challenge to the Mfg Housing Division for real estate brokers to sell manufactured housing – there are no longer any requirements for a permanent foundation, taxed as real property or deactivated title for RE Brokers to sell (though may still be required for financing!). What is required by the Mfg Housing Division is “installation as approved by the committee“, in other words, preparation by installer of MH site, construction of tie-down facilities and connection to on-site utility terminals – all required to have a passing installation permit. Before a real estate broker can sell (list or bring offers) a Manufactured Home they must confirm installation has been approved by a MH Division Inspector; in other words have documentation of installation permit on file!!
If owner does not have records then owner will have to pass an installation inspection prior to a real estate broker listing their MH. Cooperating real estate brokers cannot bring any offers on an unpermited MH. Ashley reported that the MH Inspector can (and has recently in many circumstances in the southern part of the state) cut off connection to onsite utilities if they are defective or faulty if he determines is dangerous to life or property. The one MH per year per Brokerage still applies, however if you list one MH and it doesn’t sell that is your one exemption per 12-months.
Ashley says the RANM MH Task Force is still waiting on the MH Division’s official position on property management of MH, however they have implied a willingness to correct the regulations to allow property management. Once more… here are the most recent RANM Legal Updates on Manufactured Housing: MH Q&A and MH Background.
The NM Manufactured Housing Division website is here: http://www.rld.state.nm.us/mhd/index.htm – call them if you have any technical questions or complaints!!