Legislation
PAST AND PRESENT LEGISLATIVE ISSUES
Since early 1982 the Virginia Manufactured and Modular Housing Association (VAMMHA has had a very active, aggressive and progressive legislative policy. Simply stated, that policy is to bring manufactured housing on a par with all other forms of housing in Virginia. We have never, nor will we ever, ask for more than others receive and we will accept nothing less.
To date, our two biggest legislative accomplishments are the state-wide zoning law which requires all localities to permit all manufactured homes, by right, in all agricultural zones and the creation of the Virginia Manufactured Housing Licensing and Transaction Recovery Fund.
As late as 1989, you couldn't site a manufactured home as a permanent residence anywhere (except a mobile home park) in more than 40 counties in Virginia. In 35 other counties, you had to obtain a "conditional use permit" to site a manufactured home on private property. No city would allow a manufactured home to be sited except in a mobile home park.
In 1990, the then Virginia Manufactured Housing Association had introduced and helped pass legislation that would require all local governments (counties, cities and towns) to treat manufactured homes "more than 19 feet in width" the same as all other forms of housing on land zoned agricultural. This one bill opened up more than 90% of Virginia for the siting of multi-sectioned manufactured homes. We went back to the legislature in 1995 and had the original bill amended to delete the works "more than 19 feet in width," and now all manufactured homes are allowed by right in all agriculturally zoned land in Virginia.
VAMHA was also responsible for the creation of the Virginia Manufactured Housing Licensing and Transaction Recovery Fund legislation that created the Virginia Manufactured Housing Board. Also in that legislation was the creation of a transaction recovery fund which may help pay the bills for any consumer or industry member financially hurt by someone else's fraud, bankruptcy or failure to complete the contracted work. Of the nine board members, two are manufacturers, two are retailers, four are citizens with knowledge of the industry and the ninth is an appointee of the Director of the Department of Housing.. This Board has proven to be the best thing, next to the zoning law, that could have happened for the industry and the citizens of Virginia.
There have been other legislative accomplishments such as a law requiring local tax assessors to appraise manufactured homes at the same time and in the same manner as they do site-built homes. Another bill developed a state wide definition of a "manufactured home" and required all localities to adopt this definition in their ordinances. Although it started out as a legislative matter and turned into a regulatory one, Virginia has been able to ship and site 16' wide homes for several years now. Recently VAMMHA worked and helped pass a law that does away with the old "non-conforming"law. Manufactured and mobile homes now can be replaced no matter what the current zoning requires. Finally, VAMMHA was able to pass legislation that changed the way sales tax was figured on the sale of a modular home, saving the buyer a considerable amount of money on each transaction. Instead of the 5% tax based on the sale price, it's now determined by 60% of the invoice cost (the approximate cost of the materials).
We continue to work for legislative issues. During the 2002 General Assembly Session VAMMHA had HB 1212 introduced. HB 1212 would have allowed certain manufactured homes in at least one residential zone in each locality. Although House Bill 1212 was carried over to the 2003 Session, and then defeated, it remains the most important issue we have participated in to date.
In the most recent session, 2005, VAMMHA introduced legislation defining when a manufactured home was legally entitled to be designated "new" and when that new, untitled home had to be sold as used. The legislation was requested by the Virginia Manufactured Housing Board, passed by a very significant majority, was signed by the Governor, and goes into effect July 1, 2005.