§ 20-29-105 - Complaints -- Amount of damages. - Arkansas Statutes

20-29-105. Complaints -- Amount of damages.

(a) All consumer, licensee, installer, retailer, or manufacturer complaints shall be filed with the Arkansas Manufactured Home Commission. The commission shall determine, by hearing or whatever procedure it establishes, whether any standard adopted by the commission has been violated and, if so, the actual cost of repairs to the manufactured home, if any, suffered by the aggrieved party or parties.

(b) The amount of damages awarded by the commission shall be limited to the actual cost of repairs to the manufactured home and shall not include attorney's fees. On appeal to the circuit court from an award of the commission, the jurisdiction of the circuit court shall be limited to the actual cost of repairs to the manufactured home. The circuit court shall not have jurisdiction to award attorney's fees, court costs, or punitive or exemplary damages for claims covered by this chapter.

(c) The question of what constitutes a continuing series of violations shall be a matter solely within the discretion and judgment of the commission.

(d) (1) The commission shall by regulation establish procedures for the investigation and timely resolution of claims against the Manufactured Housing Recovery Fund involving participating manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported during the one-year period beginning on the date of installation of the home.

(2) The investigations, required corrections, and remedial actions shall be handled in accordance with the code and regulations promulgated pursuant to the code.

(3) The commission shall by regulation establish requirements for eligibility of claims against the fund.