From the Chair

Having recently returned from the National Communities Council’s Winter Meeting in Dallas, I must say I was duly impressed with the quality of information and networking opportunities made available to those who were able to attend. The meeting was another example of the opportunities the NCC makes available to community owners who are seeking ways to improve their bottom line. Whether it was getting the inside scoop on trends in apartment market rents, chattel lending or home designs for communities, the NCC was able to cover them in a compact day and a half meeting.

While information and networking opportunities are a key benefit of NCC membership, public policy advocacy is also a priority for the NCC. As your voice in Washington, the NCC is at the forefront of advancing your interests and protecting you from overzealous legislators and regulators. Case in point is the recent order of the Federal Communications Commission (FCC) to ban future exclusive contracts and to abrogate existing contracts between multiple dwelling units (MDUs), including manufactured home communities, and cable television providers. NCC had defended these exclusive contracts, saying that forbidding such contracts would be “an impulsive regulatory overreach that could do more harm than good by wiping away, by regulatory fiat, many contracts which benefit residents of manufactured home communities.”

As a result of the FCC order, the NCC prepared a guidance memo for community owners as to their options under the law. Since we reported on this in the last issue, the NCC has gone one step further to protect your interests by joining in a federal lawsuit with the National Multi Housing Council and the National Apartment Association challenging the FCC’s recent order. While the FCC’s action is certainly detrimental to the business practices of many communities, the bigger issue is the attempt by the agency to regulate contracts entered into by private property owners—something which the NCC contends is outside the FCC’s statutory authority.

The FCC is already trying to take this fight to the next level since it has now issued a proposed rule seeking comment on whether satellite and private cable providers should be allowed to have exclusive access to MDUs. The FCC is also considering prohibiting all providers of video programming service from using exclusive marketing arrangements (which allow one company to be the preferred video provider in a community) and bulk billing arrangements (which require residents to pay for a video provider in their rental fees). As it did with the previous rule, the NCC is vigorously opposing any attempt to restrict exclusive marketing and bulk billing arrangements and will continue to challenge the authority of the FCC to regulate contracts entered into by community owners.

This issue is just one of the many pressing issues facing community owners in Washington, and we’re committed to protecting your interests. But we need your support and involvement in the NCC and MHI. There is indeed strength in numbers.

As always, feel free to share your thoughts and concerns with me at umh2@aol.com.

Christine Lindsey
Chair, MHI National Communities Council
Vice President of Sales, UMH Properties