Modular Homes

Our CC&Rs prohibit modular homes. Homes must be built on site. Our development is unique in that we all have free standing, individual homes on lots that vary from 3-20+ acres. We have had the misfortune of having a wildfire go through our community and several homes were destroyed. One of our board Members is saying that we can not prevent our owners from installing a Modular Home as (according to them} The State of California, or the Federal Govmt.
Has new legislation giving people the right to have a Modular Home installed on their property regardless of older CC&Rs prohibiting them or community rules/statutes prohibiting them.

Hi Jon ... Welcome to the Forum

I agree with Tim ... Ask the individual to provide “proof” of their statement. I personally would find it hard to believe that any State would take such action against their HOA’s and affect not only Homeowners but also Secured Creditors in such a manner. CCR’s are in place to protect both of those entities and to potentially devalue their investments would not only be reprehensible, but in some states can be considered fraud.

What exactly counts as "modular"? Does using pre-assembled trusses or steel shear wall systems count, for example? There is quite a range of construction styles and techniques that could fall under that definition, depending on how broad or narrow it is. The overall trend in the home construction industry is towards more modularity, not less.

From a manufacturer web site:

"Factory-built housing should not be confused with manufactured housing or mobile homes. While both products represent a type of a dwelling manufactured in a factory, each utilizes an entirely different set of construction codes and standards. The construction of dwellings using FBH laws and regulations utilizes the California Building Code, while manufactured housing is constructed using federal standards. Factory-built housing products may include single or multi-family dwellings, hotels, motels or dormitory construction.

California law defines FBH as follows: “Factory-built housing means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the commission pursuant to Section 19990. Factory-built housing does not include a mobile home, as defined in Section 18008,a recreational vehicle, as defined in Section 18010.5, or a commercial modular, as defined in Section 18012.5.”

Simply put, FBH units are dwellings manufactured off-site, in sections or components which are assembled at the installation site to form a part of, or a complete dwelling. An FBH component may consist of a wall, floor or roof panel utilizing rigid foam insulation enclosed by interior and exterior

sheathing materials; or may also be a conventionally framed closed-system 6 wall or roof panel containing the plumbing, electrical, etc. systems inside the panel.

An FBH dwelling unit may be 2 or more ‘modules’ assembled on site and attached to a foundation.

FBH products do not include “open-framed” prefabricated construction since open-framed type construction allows inspection at the building site without disassembly.

There is an episode of This Old House that after Hurricane Sandy one of the participants put up a Modular home. Ended up putting it up on stilts. However, I have seen in other disaster areas, the allowance of modular homes temporarily as long as the owner is rebuilding. Think they have like a 1 year limit it can stay then has to be taken offsite.

Now a days, many homes are now assembled entirely off-site and shipped. They are not modular as in a trailer. Permanent structures. It's just the assembly process is similar to how those are put together. So HOA's may need to work on their definitions in the future.