Missouri Revised Statutes
Chapter 700
Manufactured Homes (Mobile Homes)
←700.070
Section 700.076.1
700.080→
August 28, 2015
Owner to anchor manufactured home, how, when--commission may promulgate rules--insurers to insure, when, must pay, when--suit against persons anchoring or tying down manufactured home, damages, equitable relief.
700.076. 1. The owner of a manufactured home shall secure the
manufactured home to the ground by the use of anchors and tiedowns so as to
resist wind overturning and sliding. However, nothing herein shall be
construed as requiring that anchors and tiedowns be installed to secure
manufactured homes which are permanently attached to a permanent structure. A
permanent structure shall have a foundation and such other structural
elements as assure the rigidity and stability of the manufactured home.
2. The commission shall have authority to promulgate regulations
relating to manufactured home or modular unit tiedowns or anchors setting
minimum standards for both the manufacture and installation of tiedowns and
anchors.
3. (1) Persons licensed in this state to engage in the business of
insuring manufactured homes that are subject to the provisions of this
section against damage from windstorm shall issue such insurance only if the
manufactured home has been anchored and tied down in accordance with the
provisions of this section.
(2) In the event that a manufactured home is insured against damage
caused by windstorm and subsequently sustains windstorm damage of a nature
that indicates that the manufactured home was not anchored or tied down in
the manner required by this section, the person issuing the policy shall not
be relieved from meeting the obligations specified in the insurance policy
with respect to such damage on the basis that the manufactured home was not
properly anchored or tied down.
4. Whenever a person who engages in the business of installing anchors,
tiedowns, or over-the-roof ties or who engages in the business of
manufacturing such devices for use in this state does so in a manner not in
accordance with the minimum standards set forth by the commission, a person
aggrieved thereby may bring an action in the appropriate court for actual
damages and attorney's fees. In addition, the court may provide appropriate
equitable relief including the enjoining of a violator from engaging in
further violations. Whenever it is established to the satisfaction of the
court that a willful violation has occurred, the court shall award punitive
damages to the aggrieved party.
5. Any violation of the provisions of this section shall constitute a
violation of the provisions of section 407.020.
(L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B.
648)
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