Building Dept just like you said Frank!

[cignal69]

I’m getting close to completing my due diligence without yet paying for formal inspections/surveys/etc. Talked to the building dept today who gave me an earful, just like you said they would Frank.

He told me the MHP is in a flood zone and that the park was grandfathered, but new homes could not be moved into the property. I probably shouldn’t have, but I told him it was perfectly legal to bring in new homes and that I was more concerned about permits and COs for the park and homes currently there. He responded, “Well, you’re going to make a great new neighbor aren’t you?”.

Not a good move on my part, but I suppose it will come to a head at some point. This park is so small it makes me just want to walk away from it. I really didn’t want to start out in a town this way. Suggestions in dealing with this guy? Or just turn it over to a lawyer once I grab the park?

[Coach62]

How deep is the flood zone? New homes will need to be installed 1’ above base flood elevation. So will the AC condenser, electric disconnect, etc.

[jhutson]

A municipal attorney with grandfathering experience needs to speak with the city’s attorney and get aligned with the building department.

You need to not close on this property until that’s resolved, and your legal fees should be reduced from the purchase price as much as possible.

[cignal69]

Thanks for the responses. The park is in Pennsylvania and as far as my preliminary research goes, I have not found the property to be in a flood zone. I will know for sure before I close on the deal though. Sounds like a call to the municipal attorney should not be stalled.

[jhutson]

Keep in mind this can get expensive if the city attorney does not agree with your muni attorney and you have to go to court, so you need to have some mental preparation for at what point do you walk away from this.

I have put in a couple offers on Parks with this same problem (yes I ask this question before putting under contract) - the owners are still trying to figure out what to do about it and I am just checking in with them every couple months to let them know I am standing by to help at the right price.

City not Honoring Grandfathered Usage - How to Shape the Deal?

I would not close on the park until you have the following items in hand: A Certificate of Zoning from the city showing how many lots the park is allowed to have and whether the park is 1) legal conforming 2) legal non-conforming (grandfathered) or 3) illegal. This brackets down their argument substantially. A roster of any outstanding code violations from the inspector (typically none). This brackets them down even further. An understanding from the city that they are going to respect …

[cignal69]

Thanks much jhutson! Next time I will spend a few minutes searching the forum before posting. I just got a little rattled yesterday and needed some (mental) support.

[MichaelG]

Ok so I’m in DD on a park in Indiana and spent a couple of days down there touring the park and talking to the building commissioner. They do not have the original plan for the 1950’s park. The building commissioner was quite happy to know someone was looking at the park and agreed that just a permit for utility work would be needed to move homes in. The park is in need of work since the present owner bought it and forgot it. 40 lots, 11 occupied with 1 rental house and 6 abandoned trailers.