|
|
TMHA Home
TMHA met with resistance at TDLR IHB meeting: watch our testimonya message from TMHA Executive Director DJ Pendleton posted 12/13/2011 2:18:42 PM Watch the video below to see TMHA testify at the Dec. 1 TDLR IHB Code Council Meeting in support of improved modular housing regulation
TMHA SPEAKER TIMESTAMPS
0:28.05 | DJ Pendleton, TMHA Executive Director
57:1.2 | Wes Hayes, member, Advantage Housing Corp.
1:12:52.5 | Martin Montgomery, member, RCS Enterprises
1:15:35.8 | Rhonda McAllen, member, American Homestar
1:20:47.7 | Keith Alexander, TMHA Board, Palm Harbor Homes
BACKGROUND: Modular Housing, TMHA & TDLR
Modular housing is a smaller yet important component of our industry and association. While the numbers of modular homes sold remains relatively small when compared to manufactured housing, it is a viable housing option for hundreds of Texans.
Legislatively, TMHA works to advance modular interest, preserve modular rights such as the ability to place homes within city limits, and find additional avenues to see the sale of modular homes continue to grow as a consumer housing option.On a regulatory front, TMHA is here to ensure a fair, balanced and equitable regulatory environment. This role spans many state agencies, from the Texas Department of Housing and Community Affairs (TDHCA) to the Texas Finance Commission to the General Land Office.
The regulatory state entity for modular housing is the Texas Department of Licensing and Regulation (TDLR). Specifically, the modular industry in Texas is regulated by the Industrialized Housing Division of TDLR with an 11 member, Governor-appointed Advisory Council and the TDLR Commission.
TMHA EFFORTS, ISSUES
For over one and a half years, TMHA has worked to address specific industry issues related to TDLR. The list of concerns encompasses a wide range of topics, but the overall issues can be broken down as follows:
- Concern over the liability timeframe a manufacturer and builder have on a modular home
- The department’s current process of investigating consumer complaints, inspecting homes without the industry being present, and assigning responsibility for items the inspectors determine are “violations”
- The lack of opportunity to address regulators and to discuss the complaint with the compliance division who issues the violations in tandem with the enforcement division who pushes for administrative penalty; and
- Circumventing Texas Open Government legal requirements by implementing “Technical Bulletins"
2011: RECENT DEVELOPMENTS
At the April
29 Advisory Council meeting, I brought to attention
several ares of concern. (watch: April 29 TDLR IHB video). I was encouraged to present
areas of concern, ideas for improvements and general suggestions for the
Council to consider in detail. I presented the requested detailed list of questions
and suggestions for the Council to review at their August 3
meeting. (watch: August 3 TDLR IHB video)
Click to read TMHA's suggested topics for TDLR. TDLR addressed our compiled comments prior to the Dec. 1 IHB Meeting - see below.
Click to read TDLR's response to TMHA's suggested topics
The culmination of this ongoing effort
occurred at the most recent Council meeting on Dec. 1. For a third time
I testified before the Council regarding the issues I had previous
brought to their attention. I encourage all TMHA members with any
interest in the modular housing industry to watch the archived video
online of what turned into a contentious meeting.
TIMELINE
April 29: TMHA initial testimony | video
Aug. 3: TMHA testifies regarding submitted comments | video
Dec. 1: TMHA testifies regarding TDLR response to our comments | video
TMHA REACTION
Unfortunately,
the Council was unable to come to many definitive conclusions regarding
the issues raised by TMHA at the Dec. 1 IHB Meeting. Despite previous encouragement to bring
forward issues and ideas, we heard many comments at the Dec. 1 meeting that TMHA brought forward mere “hypotheticals.” The Council seemingly implied it could not make policy changes
based on anything hypothetical. Fortunately, we had specifics and personal experience
instantly available to present. I, along with
several additional witnesses and TMHA members, had specific cases and examples from which each issue previously presented originated. In another
unfortunate turn, we were then told the Council forum was not the
appropriate place to discuss specific complaint files.
At a loss as to the Council's role and proper manner in which the public and industry should address issues - since
it had been made obvious neither hyoptheicals nor specifics were to be used to
rationalize assertions - I asked the Council for direction yet again. The Council informed me their role was limited to recommending
Administrative Rule and construction code changes to the higher TDLR
Commission for approval. I was encouraged to bring forward, in
future meetings, proposed rule changes for the Council to consider.
TMHA
will be present in all future Council meetings with recommended rule
changes. The outcome of these recommended changes will determine if
improvements to the current modular housing regulatory
environment can be made, as well as shape our future legislative goals related to
modular housing.
DJ'S SUMMARY
In all honesty, my experience at the Dec.1 IHB
Council Meeting was contentious, confusing and disappointing. I believe an eventual breakthrough was made with many Council members when additional industry witnesses shared specific stories. Of particular note are the instances of
inspections occurring without industry presence, and “violation”
responsibility placed on the builder and/or manufacturer without an
opportunity to defend oneself. Other egregious examples presented
included instances of subjective opinions utilized as the basis for industry
“violations.” In compelling testimony one industry and TMHA member shared with the Council an incident in which a cited “violation” was due to the
state inspector’s subjective declaration that a house had dropped in
transport based on a consumer-supplied photo of a cracked toilet lid.
Please see the top of this message for the key time stamps within the meeting footage. I again encourage TMHA members
to spend a few moments watching the various excerpts of this meeting.
Additionally, I’d like to hear our members' input and experiences with TDLR. E-mail me at dpendleton@texasmha.com with your comments, issues or concerns.
I
would also like to thank those members who attended and those who
testified alongside me at the Dec. 1 meeting. Having more than 85 percent
of the modular home builders in the state represented,
along with compelling examples from those adversely impacted by the current flawed system projected a
powerful, unified message to the Council members.
Despite having
worked on these efforts for many years, our advocacy efforts for the
modular housing industry will continue. In fact, some might say we have
really just begun.
Sincerely,
DJ Pendleton
Executive Director
Texas Manufactured Housing Association
Convention photos & more now online"Like" TMHA on Facebook for updates! posted 11/2/2011 6:09:32 PM "Like" TMHA on Facebook to see new uploads!
2011 Convention updates:
More TMHA Facebook updates:
special thanks to our Convention Sponsors
2011 TMHA Scholarship WinnersTen students honored with annual award posted 11/1/2011 2:06:06 PM We are proud to announce the winners
of the 2011 TMHA Scholarship:
Nicole Bagley Jessie Calkins
Austin Carl Victoria Dooley
Kasey Johnson Erin Kelley
Haley Kemp Rafael Lee
Haley Sheldon Victoria Willis
Congratulations to all and best wishes on your future academic efforts!
Contact Vicki Plummer at vickip@texasmha.com with any questions
2011 Convention - THANK YOU!September 18 - 20, 2011 | Fort Worth posted 9/22/2011 4:04:31 PM A big THANK YOU to everyone who made it out to our 59th Annual Meeting & Convention in Fort Worth! We hope you had as much fun as we did!
Share your photos and favorite Convention memories on our Facebook page.
Thank you for supporting TMHA and the Texas manufactured housing industry!
Special thanks to our 2011 Convention Sponsors:
21st Mortgage
American Homestar Mortgage
ARC
Ascentia
Athens Homes
Atlantic Service & Supply
Basic Components, Inc.
Cavco Homes of Texas
Champion Home Builders
Clayton Homes
Investment Housing
Fayette Country Homes
Lakewood Estates
Mobile Insurance & Purvis Commercial
Oak Creek Homes
O'Gorman & Stafford LLC
R.A. Financial
SE Homes
Standard Insurance
Sun Communities
Western Insurance Agency
World Wide Homes
YES! Communities
Renew your TMHA membershipclick the link below to renew posted 6/20/2011 9:23:38 AM Click here to RENEW YOUR TMHA MEMBERSHIP
note: you will need your login information to access the renewal system
S.A.F.E. Act InformationStep-by-step licensing process and requirements posted 4/5/2011 10:28:00 AM S.A.F.E. ACT INFORMATION
>> CLICK HERE for revised S.A.F.E. Act License Steps <<
Who must be licensed as a Mortgage Loan Originator (MLO)?
- Any
retailer and/or salesperson who sells a home and plans to receive some
compensation relating to the financing aspect of selling the home from a
lender SPIFs, “points”, origination fees or bonuses etc.
- Any
retailer who receives more money on a home sale that is financed than
they would had someone walked in and purchased the home for cash
- Any retailer who owner-finances home sales
Who does not need to be licensed?
- Retailers and/or salespersons who do not receive financing-related compensation
- Retailers
and/or salespersons who receive the same amount on a financed
transaction as they would had the sale been a cash transaction
- General administrative or clerical staff of a licensed MLO engaged in “clerical or support duties“
- Clerical
and support duties definition: following the receipt of an application
from a consumer, the receipt, collection, distribution, and analysis of
information related to the processing or underwriting of a residential
mortgage loan; and communication with a consumer to obtain information
necessary to process or underwrite a loan, to the extent that the
communication does not include offering or negotiating loan rates or
terms or counseling the consumer about residential mortgage loan rates
or terms.
The Texas Office of Consumer Credit Commission enforces S.A.F.E Act compliance
Contact Meredith or Caitlin with S.A.F.E. Act questions
updated 5/11/2011
Capitol Visit Day 2011 videoA three-minute peek into TMHA's day at the Texas Capitol posted 3/10/2011 2:21:08 PM On March 1, 55 members came to Austin to participate in TMHA's 2011 Capitol Visit Day. Watch the video below for a peek into this important membership event! And don't forget to check out our YouTube channel to view all of TMHA's videos.
We would like to thank all the members who came out to support the industry and TMHA - we could not be successful without your continued participation!
Click here to view the materials we handed out during our 2011 Capitol Visit Day. Page seven details the talking points members addressed when speaking with legislators and staff.
Special thanks to our 2010-2011 Annual Sponsors: Atlantic Service & Supply, CREICO, Mobile Insurance & Purvis Commercial, O'Gorman & Stafford LLC, R.A. Financial Inc, Standard Insurance, Sun Communities, World Wide Homes, YES! Communities
A glimpse into TMHA Dayposted 2/8/2011 12:21:14 PM Click below to view our latest video update, a glimpse into TMHA Day. The video is also available on our YouTube Channel.
Our Facebook fans had the first look at this new video - like us on Facebook for the latest TMHA updates!
Capitol Visit Day 2011March 1, 2011 posted 1/28/2011 1:17:57 PM On March 1, 55 TMHA members came to Austin to participate in our 2011 Capitol Visit Day.
View the photos
Check out the video
See the materials we presented to legislators and staff
Capitol Visit Day is the one day TMHA members and supporters convene
in the Texas Capitol to advocate on behalf of the manufactured housing
industry. Held every other year during each legislative session, Capitol
Visit Day puts TMHA members face to face with legislators and staff.
S.A.F.E. Act InformationStep-by-step licensing process and who must be licensed posted 6/2/2010 5:03:04 PM S.A.F.E. ACT INFORMATION
>> CLICK HERE for revised S.A.F.E. Act License Steps <<
Who must be licensed as a Mortgage Loan Originator (MLO)?
- Any retailer and/or salesperson who sells a home and plans to receive some compensation relating to the financing aspect of selling the home from a lender SPIFs, “points”, origination fees or bonuses etc.
- Any retailer who receives more money on a home sale that is financed than they would had someone walked in and purchased the home for cash
- Any retailer who owner-finances home sales
Who does not need to be licensed?
- Retailers and/or salespersons who do not receive financing-related compensation
- Retailers and/or salespersons who receive the same amount on a financed transaction as they would had the sale been a cash transaction
- General administrative or clerical staff of a licensed MLO engaged in “clerical or support duties“
- Clerical and support duties definition: following the receipt of an application from a consumer, the receipt, collection, distribution, and analysis of information related to the processing or underwriting of a residential mortgage loan; and communication with a consumer to obtain information necessary to process or underwrite a loan, to the extent that the communication does not include offering or negotiating loan rates or terms or counseling the consumer about residential mortgage loan rates or terms.
The Texas Office of Consumer Credit Commission enforces S.A.F.E Act compliance
Contact Meredith or Caitlin with S.A.F.E. Act questions
updated 4/26/2011
|
|