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Section: 700.0076 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. RSMO 700.076


Published: 2015

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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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