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Restrictions in Texas

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Tom McAlister

Junior Member
What is the name of your state?What is the name of your state? Texas
Working with my sister-in-law on her problem. Her husband my brother is deceased. She has land that they purchased in early 70's. Recently put a manufactured home (Palm Harbor) on the land. Neighbors are suing for being in violation of restriction law (established in 1973) that says no mobile homes or trailers can reside on the property. HUD says a manufactured home is not a mobile home. Not sure what Palm Harbor defines their home as being.
Need help. Law suit is going to court with damages in excess of $100K.
Tom Mc
 


BelizeBreeze

Senior Member
How do you expect help from an internet forum when we don't know the issues, the date the home was constructed, the date of passing of the zoning ordinance or anything else about the issues?

Your sister in law needs a local attorney.
 

Tom McAlister

Junior Member
Restrictions

I thought I did state the issues. Sorry. The restriction is 32 yrs old. The house was constructed in Mar 2005. The lawsuit is asking Jan (my sister in law) to move the home because she is in violation of the restriction which says no mobile homes or trailers are allowed within that 14 acre tract. The neighbors are claiming that the manufactured home is a mobile home.
 

BelizeBreeze

Senior Member
o.k. so your neighbors are going to try and get her to move the home.

So, a question:

is the home on a permanent foundation?

There is a reason I'm asking.
 

nextwife

Senior Member
Ok, I researched and found that Palm Harbor is a factory built modular home.

http://www.palmharbor.com/index2.asp

They are recipients of the following awards:

"The National Housing Quality Award
One of the most prestigious awards in the homebuilding industry is The National Housing Quality Award. This award, which is sponsored by the National Association of Homebuilders Research Center (NAHB) and Professional Builder Magazine, was awarded to Palm Harbor.

The National EPA Energy Efficiency "Energy Star" Award
Over the past 25 years Palm Harbor Homes has continuously set the standard for energy efficiency within America’s manufactured housing industry. We’re proud to have received the U.S. Environmental Protection Agency’s special commendation for outstanding energy efficiency.

The 101 Best Companies to Work For"

It is NOT a mobile home, but, as stated, we do NOT know what the applicable CC&Rs DO state as to other physical requirements. I'd suggest checking with the Manufactured Home Association, as they have successfully challanged the definition of factory built homes as "mobile homes" in applying CC&R restrictions in our state, when in fact they are not discernably different than stick-built on-site construction, in many cases.

Here is the organization in Texas:

http://www.texasmha.com/

They may know of attorneys who have challenged CC&R restrictions successfully.
 
Last edited:

BelizeBreeze

Senior Member
nextwife said:
Ok, I researched and found that Palm Harbor is a factory built modular home.

http://www.palmharbor.com/index2.asp

They are recipients of the following awards:

"The National Housing Quality Award
One of the most prestigious awards in the homebuilding industry is The National Housing Quality Award. This award, which is sponsored by the National Association of Homebuilders Research Center (NAHB) and Professional Builder Magazine, was awarded to Palm Harbor.

The National EPA Energy Efficiency "Energy Star" Award
Over the past 25 years Palm Harbor Homes has continuously set the standard for energy efficiency within America’s manufactured housing industry. We’re proud to have received the U.S. Environmental Protection Agency’s special commendation for outstanding energy efficiency.

The 101 Best Companies to Work For"

It is NOT a mobile home, but, as stated, we do NOT know what the applicable CC&Rs DO state ads to other physical requirements. I'd suggest checking with the Manufactured Home Association, as they have successfully challanged the definition of factory built homes as "mobile homes" in applying CC&R restrictions in our state, when in fact they are not discernably different than stick-built on-site construction, in many cases.

http://www.texasmha.com/

They may know of attorneys who have challenged CC&R restrictions successfully.
Now why do you think I asked the question dear? (and it's not what you think) :D
 

JETX

Senior Member
Bottom line... a 'manufactured' or 'modular home' is a trailer. Just like a 'sanitation engineer' is a trashman. Oh, and a 'Palm Harbor' is a manufacturer of 'modular', 'manufactured housing', trailers.

Call it what you want.... but the trailer is a violation of the deed restrictions.

Her only choice is to move it now without a court order..... or later with one.

Manufactured and modular homes violate a covenant prohibiting mobile homes. Dempsey v. Apache Shores Prop. Owners Ass’n, 737 S.W.2d 589 (Tex.App.--
Austin 1987, no writ).
Currey v. Roark, 635 S.W.2d 641 (Tex.App.--Amarillo 1982, no writ) (mobile home is a residence).
Schultz v. Zoeller, 568 S.W.2d 677 (Tex. Civ. App.--San Antonio 1978, writ ref’d n.r.e.) ( “No structures or house trailers of any kind may be moved onto the property,” barred a party from buying a house, and presumably a mobile home/manufactured home, and having it moved onto the property).
Hussey v. Ray, 462 S.W.2d 45 (Tex. Civ. App.--Tyler 1970, no writ) (“No trailer, tent, shack, stable or barn shall be placed, erected or be permitted to remain on any lot, nor shall any residence of a temporary character be used at any time as a residence”does not exclude “mobile home”).
 

bdancer

Member
Not all manufactured or modular homes are mobile or can be considered trailers (trailers have wheels, axles, and hitches). Modular is a classification which includes mobile homes or trailers but also includes log homes, panelized homes, etc.

Is the home on a permanent foundation? And do you have a title to the home or is it part of your deed?
 

BelizeBreeze

Senior Member
bdancer said:
Not all manufactured or modular homes are mobile or can be considered trailers (trailers have wheels, axles, and hitches). Modular is a classification which includes mobile homes or trailers but also includes log homes, panelized homes, etc.

Is the home on a permanent foundation? And do you have a title to the home or is it part of your deed?
already asked. :rolleyes:
 

Tom McAlister

Junior Member
BelizeBreeze said:
o.k. so your neighbors are going to try and get her to move the home.

So, a question:

is the home on a permanent foundation?

There is a reason I'm asking.
Yes. The home is on a foundation
 

BelizeBreeze

Senior Member
Then based on the Attorney General's decision and the cites that Jet provided, I would strongly suggest your sister-in-law contact a local real estate attorney.

Because this issue is much too complicated to litigate on an internet forum.
 

Tom McAlister

Junior Member
BelizeBreeze said:
Then based on the Attorney General's decision and the cites that Jet provided, I would strongly suggest your sister-in-law contact a local real estate attorney.

Because this issue is much too complicated to litigate on an internet forum.
Does anyone know of a good Real Estate Attorney in Dallas or Midlothian?
I'm in Georgia and my sister-in-law is 71 yrs old and she doesn't get around like she use to.
 

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