DEF 14A
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umhproxy.txt
UNITED MOBILE HOMES, INC.
Juniper Business Plaza
3499 Route 9 North, Suite 3-C
Freehold, New Jersey 07728
NOTICE OF ANNUAL MEETING OF SHAREHOLDERS
Notice is hereby given that the Annual Meeting of
Shareholders of United Mobile Homes, Inc. (the Company) will be
held on Thursday, June 6, 2002, at 4:00 p.m. at the offices of
the Company at Juniper Business Plaza, 3499 Route 9 North, Suite
3-C, Freehold, New Jersey, for the following purposes:
1. To elect nine Directors, the names of whom
are set forth in the accompanying proxy statement,
to serve for the ensuing year; and
2. To ratify the appointment of KPMG LLP as
Independent Auditors for the Company for the year
ending December 31, 2002; and
3. To transact such other business as may properly
come before the meeting and any adjournments
thereof.
The books containing the minutes of the last Annual Meeting
of Shareholders, and the minutes of all meetings of the Directors
since the last Annual Meeting of Shareholders, will be presented
at the meeting for the inspection of the shareholders. Only
shareholders of record at the close of business on May 1, 2002
will be entitled to vote at the meeting and at any adjournments
thereof.
IF YOU ARE UNABLE TO BE PRESENT IN PERSON, PLEASE SIGN AND
DATE THE ENCLOSED PROXY WHICH IS BEING SOLICITED BY THE BOARD OF
DIRECTORS, AND RETURN IT PROMPTLY IN THE ENCLOSED ENVELOPE.
BY ORDER OF THE BOARD OF DIRECTORS
ERNEST V. BENCIVENGA
Secretary
May 8, 2002
UNITED MOBILE HOMES, INC.
Juniper Business Plaza
3499 Route 9 North, Suite 3-C
Freehold, New Jersey 07728
PROXY STATEMENT
Annual Meeting of Shareholders
June 6, 2002
SOLICITATION AND REVOCATION OF PROXIES
This Proxy Statement is furnished in connection with the
solicitation by the Board of Directors of United Mobile Homes,
Inc. (the Company) of proxies to be voted at the Annual Meeting
of Shareholders of the Company to be held on June 6, 2002, and at
any adjournments thereof (Annual Meeting), for the purposes
listed in the preceding Notice of Annual Meeting of Shareholders.
This Proxy Statement and the accompanying proxy card are being
distributed on or about May 8, 2002 to shareholders of record May
1, 2002.
A copy of the Annual Report, including financial statements,
is being mailed herewith.
Any shareholder giving the accompanying proxy has the power
to revoke it at any time before it is exercised at the Annual
Meeting by filing with the Secretary of the Company an instrument
revoking it, by delivering a duly executed proxy card bearing a
later date, or by appearing at the meeting and voting in person.
Shares represented by properly executed proxies will be voted as
specified thereon by the shareholder. Unless the shareholder
specifies otherwise, such proxies will be voted FOR the proposals
set forth in the Notice of Annual Meeting.
The cost of preparing, assembling and mailing this Proxy
Statement and form of proxy, and the cost of soliciting proxies
related to the meeting, will be borne by the Company. The
Company does not intend to solicit proxies otherwise than by the
use of the mail, but certain Officers and regular employees of
the Company, without additional compensation, may use their
personal efforts, by telephone or otherwise, to obtain proxies.
VOTING RIGHTS
Only holders of the Company's $.10 par value common stock
(Common Stock) of record as of the close of business on May 1,
2002, are entitled to vote at the Annual Meeting of Shareholders.
As of the record date, there were issued and outstanding
7,577,650 shares of Common Stock, each share being entitled to
one vote on any matter which may properly come before the
meeting. Said voting right is non-cumulative. The holders of a
majority of the outstanding shares of Common Stock shall
constitute a quorum. An affirmative vote of a majority of the
votes cast by holders of the Common Stock is required for
approval of Proposals 1 and 2.
1
PROPOSAL 1
ELECTION OF DIRECTORS
It is proposed to elect a Board of nine Directors. The
proxy will be voted for the election of the nine nominees named
herein, all of whom are members of the present Board, to serve
for a one-year term for which they have been nominated, unless
authority is withheld by the shareholder. Subsequent to the 2001
Annual Meeting, the Board of Directors increased the number of
Directors from eight to nine and appointed James E. Mitchell as
Director. There are no current plans to increase the size of the
Board at this time. The nominees have agreed to serve, if
elected, for the new term. If for any reason any of the said
nine nominees shall become unavailable for election, the proxy
will be voted for any substitute nominee who may be selected by
the Board of Directors prior to or at the meeting, or, if no
substitute is selected by the Board of Directors, for a motion to
reduce the membership of the Board to the number of the nominees
who are available. In the event the membership of the Board is
reduced, it is anticipated that it would be restored to the
original number at the next annual meeting. In the event a
vacancy occurs on the Board of Directors after the Annual
Meeting, the by-laws provide that any such vacancy shall be
filled for the unexpired term by a majority vote of the remaining
Directors. The Company has no knowledge that any of the nine
nominees shall become unavailable for election.
The proxies solicited cannot be voted for a greater number
of persons than the nominees named.
Some of the nominees for Director are also Officers and/or
Directors of other companies, including Monmouth Capital
Corporation and Monmouth Real Estate Investment Corporation, both
publicly-owned companies. In addition, the Officers and
Directors of the Company may engage in real estate transactions
for their own account, which transactions may also be suitable
for United Mobile Homes, Inc. In most respects, the activities
of the Company, Monmouth Real Estate Investment Corporation and
Monmouth Capital Corporation are not in conflict, but rather
complement each other. However, the activities of the Officers
and Directors on behalf of the other companies, or for their own
account, may on occasion conflict with those of the Company and
deprive the Company of favorable opportunities. It is the
opinion of the Officers and Directors of the Company that there
have been no conflicting transactions since the beginning of the
last fiscal year.
Committees of the Board of Directors and Meeting Attendance
The Board of Directors met four times during the last fiscal
year. No Director attended fewer than 75% of the meetings.
The Company has a standing Audit Committee, a Stock Option
Committee and a Compensation Committee of the Board of Directors.
2
The Audit Committee, which recommends to the Directors the
independent public accountants to be engaged by the Company and
reviews with management the Company's internal accounting
procedures and controls, had four meetings, including telephone
meetings, during the last fiscal year. Charles P. Kaempffer,
Richard H. Molke and Eugene D. Rothenberg, all of whom are
outside Directors, are members of the Audit Committee.
The Compensation Committee, which makes recommendations to
the Directors concerning compensation, had one meeting during the
last fiscal year. Richard H. Molke and Eugene D. Rothenberg are
members of the Compensation Committee.
The Stock Option Committee, which administers the Company's
Stock Option Plan, had one meeting during the last fiscal year.
Charles P. Kaempffer, Richard H. Molke and Eugene D. Rothenberg
are members of the Stock Option Committee.
NOMINEES FOR DIRECTOR
Present Position with the Company;
Business Experience During Past Five Years; Director
Nominee; Age Other Directorships Since
Ernest Secretary/Treasurer (1984 to 1969
Bencivenga present) and Director.
(84) Financial Consultant (1976 to
present); Treasurer and Director
(1961 to present) and Secretary
(1967 to present) of Monmouth
Capital Corporation; Treasurer
and Director (1968 to present)
of Monmouth Real Estate
Investment Corporation.
Anna T. Chew Vice President and Chief 1994
(43) Financial Officer (1995 to
present) and Director.
Certified Public Accountant;
Controller (1991 to present) and
Director (1993 to present) of
Monmouth Real Estate Investment
Corporation; Controller (1991 to
present), Vice President (2001
to present) and Director (1994
to present) of Monmouth Capital
Corporation.
Charles Director. Investor; Director 1969
Kaempffer (1970 to present) of Monmouth
(64) Capital Corporation; Director
(1974 to present) of Monmouth
Real Estate Investment
Corporation; Vice Chairman and
Director (1996 to present) of
Community Bank of New Jersey.
3
NOMINEES FOR DIRECTOR
(continued)
Present Position with the Company;
Business Experience During Past Five Years; Director
Nominee; Age Other Directorships Since
Eugene W. Landy Chairman of the Board (1995 to 1969
(68) present), President (1969 to
1995) and Director. Attorney at
Law; President and Director
(1961 to present) of Monmouth
Capital Corporation; President
and Director (1968 to present)
of Monmouth Real Estate
Investment Corporation.
Samuel A. Landy President (1995 to present) and 1992
(41) Director. Attorney at Law;
Director (1989 to present) of
Monmouth Real Estate Investment
Corporation; Director (1994 to
present) of Monmouth Capital
Corporation.
James E. Mitchell Director. Attorney at Law; 2001
(61) General Partner, Mitchell
Partners, L.P. (1979 to
present); President, Mitchell
Capital Management, Inc. (1987
to present).
Richard H. Molke Director. Investor. Vice
(75) President (1984 to 1998) of 1986
Remsco, Associates, Inc., a
construction firm.
Eugene Director. Investor; Director 1977
Rothenberg (2001 to present) of Monmouth
(69) Capital Corporation.
Robert G. Sampson Director. Investor; Director 1969
(76) (1963 to present) of Monmouth
Capital Corporation; Director
(1968 to 2001) of Monmouth Real
Estate Investment Corporation;
General Partner (1983 to
present) of Sampco, Ltd., an
investment group.
THE BOARD OF DIRECTORS RECOMMENDS A VOTE "FOR" THIS PROPOSAL
4
PROPOSAL 2
APPROVAL OF INDEPENDENT AUDITORS
It is proposed to approve the appointment of KPMG LLP as
Independent Auditors for the Company for the purpose of making
the annual audit of the books of account of the Company for the
year ending December 31, 2002, and shareholder approval of said
appointment is requested. KPMG LLP has served as Independent
Auditors for the Company since 1994. There are no affiliations
between the Company and KPMG LLP, its partners, associates or
employees, other than its employment as Independent Auditors for
the Company. KPMG LLP informed the Company that it has no direct
or indirect financial interest in the Company. The Company does
expect a representative of KPMG LLP to be present at the Annual
Meeting either to make a statement or to respond to appropriate
questions.
The approval of the appointment of the Independent Auditors
must be by the affirmative vote of a majority of the votes cast
at the Annual Meeting. In the event KPMG LLP does not receive an
affirmative vote of the majority of the votes cast by the holders
of shares entitled to vote, then another firm will be appointed
as Independent Auditors and the shareholders will be asked to
ratify the appointment at the next annual meeting.
THE BOARD OF DIRECTORS RECOMMENDS A VOTE "FOR" THIS PROPOSAL
PRINCIPAL SHAREHOLDERS
On May 1, 2002, no person owned of record, or was known by
the Company to own beneficially, more than five percent (5%) of
the shares of the Company, except the following:
Name and Address Shares Owned Percent
Title of Class of Beneficial Owner Beneficially of Class
Common Stock Eugene W. Landy 981,950 12.96%
20 Tuxedo Road
Rumson, NJ 07760
5
INFORMATION RESPECTING DIRECTORS, OFFICERS AND AFFILIATED ENTITY
As of May 1, 2002, the Directors and Officers, individually
and as a group, beneficially owned Common Stock as follows:
Name of Beneficial Owner Shares Owned Beneficially(1) Percent of Class
Ernest V. Bencivenga 33,548 (2) 0.44%
Anna T. Chew 52,590 (3) 0.70%
Charles P. Kaempffer 61,317 (4) 0.81%
Eugene W. Landy 981,950 (5) (12) 12.96%
Samuel A. Landy 315,222 (6) 4.16%
James E. Mitchell 170,152 (7) 2.25%
Richard H. Molke 99,385 (8) 1.31%
Eugene D. Rothenberg 81,169 (9) 1.07%
Robert G. Sampson 130,589 (10) 1.72%
United Mobile Homes, Inc.
401(k) Plan 42,251 (11) 0.56%
Directors, Officers and Affiliated
Entity as a Group 1,968,173 (12) 25.98%
(1) Beneficial ownership, as defined herein, includes Common
Stock as to which a person has or shares voting and/or
investment power.
(2) Includes (a) 9,039 shares owned by Mr. Bencivenga's wife,
and (b) 7,526 shares held in Mr. Bencivenga's 401(k) Plan.
Excludes 20,000 shares issuable upon exercise of stock
options.
(3) Includes (a) 47,634 shares owned jointly with Ms. Chew's
husband, and (b) 4,956 shares held in Ms. Chew's 401(k)
Plan. Excludes 48,000 shares issuable upon exercise of
stock options.
(4) Includes (a) 2,000 shares owned by Mr. Kaempffer's wife, and
(b) 59,318 shares held in the Charles P. Kaempffer Defined
Benefit Pension Plan of which Mr. Kaempffer is Trustee with
power to vote.
(5) Includes (a) 76,120 shares owned by Mr. Landy's wife, (b)
172,608 shares held by Landy Investments, Ltd. for which
Mr. Landy has power to vote, (c) 128,212 shares held in the
Landy & Landy Profit Sharing Plan of which Mr. Landy is a
Trustee with power to vote, and (d) 69,961 shares held in
the Landy & Landy Pension Plan of which Mr. Landy is a
Trustee with power to vote. Excludes (a) 236,786 shares
held by Mr. Landy's adult children in which he disclaims any
beneficial interest, and (b) 150,000 shares issuable upon
exercise of stock options.
(6) Includes (a) 28,229 shares owned jointly with Mr. Landy's
wife, (b) 25,232 shares in custodial accounts for Mr.
Landy's minor children under the NJ Uniform Transfers to
Minors Act in which he disclaims any beneficial interest but
has power to vote, (c) 6,019 shares in the Samuel Landy
Limited Partnership, and (d) 8,417 shares held in Mr.
Landy's 401(k) Plan. Excludes 150,000 shares issuable upon
exercise of stock options.
(7) Includes 135,184 shares held by Mitchell Partners in which
Mr. Mitchell has a beneficial interest.
(8) Includes 45,827 shares owned by Mr. Molke's wife. Excludes
339,052 shares held by Mr. Molke's adult children in which
he disclaims any beneficial interest.
(9) Includes 56,878 shares held by Rothenberg Investments, Ltd.
in which Dr. Rothenberg has a beneficial interest.
(10) Includes 48,492 shares held by Sampco Ltd. in which Mr.
Sampson has a beneficial interest.
(11) Excludes shares held by Ernest V. Bencivenga, Samuel A.
Landy and Anna T. Chew which have been included in their
holdings as shown above. Samuel A. Landy, President and
Director, and Anna T. Chew, Vice President and Director, are
Co-Trustees of the Company's 401(k) Plan and share voting
powers.
(12) Excludes 129,100 shares (1.70%) owned by Monmouth Real
Estate Investment Corporation. Eugene W. Landy owns
beneficially approximately 4.10% of Monmouth Real Estate
Investment Corporation.
6
EXECUTIVE COMPENSATION
Summary Compensation Table.
The following Summary Compensation Table shows compensation
paid by the Company for services rendered during 2001, 2000 and
1999 to the Chairman of the Board, President and Vice President.
There were no other executive officers whose aggregate cash
compensation exceeded $100,000:
Name and Annual Compensation
Principal Position Year Salary Bonus All Other Options
Eugene W. Landy 2001 $150,000 $ - $15,076(1) -
Chairman of the
Board 2000 $150,000 $ - $53,876(1) -
1999 $150,000 $ - $52,876(1) -
Samuel A. Landy 2001 $224,615 $25,704 $21,028(2) 25,000
President $ 2000 $214,615 $ 8,269 $18,432(2) 25,000
1999 $205,000 $ 7,885 $15,401(2) 25,000
Anna T. Chew 2001 $145,898 $15,631 $17,646(3) 10,000
Vice President 2000 $132,635 $14,119 $16,003(3) 10,000
1999 $120,577 $13,654 $13,650(3) 10,000
(1) Represents Director's fees, fringe benefits and legal
fees. Also includes an accrual of $-0-, $40,000 and
$40,000 for 2001, 2000 and 1999, respectively, for pension
and other benefits in accordance with Eugene W. Landy's
employment contract.
(2) Represents Director's fees, fringe benefits and
discretionary contributions by the Company to the
Company's 401(k) Plan allocated to an account of the named
executive officer.
(3) Represents Director's fees and discretionary contributions
by the Company to the Company's 401(k) Plan allocated to
an account of the named executive officer.
Stock Option Plan
The following table sets forth, for the executive officers
named in the Summary Compensation Table, information regarding
individual grants of stock options made during the year ended
December 31, 2001:
Potential Realized
Value at Assumed
% of Total Price Annual Rates for
Options Granted to Per Expiration Option Term
Name Granted Employees Share Date 5% 10%
Samuel A.Landy 25,000 40% $10.3125 01/02/06 $41,316 $119,651
Anna T. Chew 10,000 16% $10.60 10/04/09 $50,610 $121,220
7
The following table sets forth for the executive officers
named in the Summary Compensation Table information regarding
stock options outstanding at December 31, 2001:
Number of Unexercised Value of Unexercised
Shares Value Options at Year-End Options at Year-End
Name Exercised Realized Exercisable/ Excercisable/
Unexercisable Unexercisable
Eugene W. Landy -0- N/A 125,000 / -0- $226,000 / -0-
Samuel A. Landy -0- N/A 125,000 / 25,000 $191,624 /$46,687
Anna T. Chew -0- N/A 38,000 / 10,000 $ 97,715 /$15,800
Compensation of Directors
The Directors receive a fee of $1,000 for each Board meeting
attended. Effective June 2002, the per Board meeting fee will be
increased to $1,500. Directors also receive a fixed annual fee
of $7,600, payable $1,900 quarterly. Effective April 1, 2001,
this fixed annual fee was increased to $10,000, payable $2,500
quarterly. Directors appointed to house committees receive $150
for each meeting attended. Those specific committees are
Compensation Committee, Audit Committee and Stock Option
Committee.
Employment Agreements
Eugene W. Landy:
On December 14, 1993, the Company and Eugene W. Landy
entered into an Employment Agreement under which Mr. Landy
receives an annual base compensation of $150,000 plus bonuses and
customary fringe benefits, including health insurance,
participation in the Company's 401(k) Plan, stock options, five
weeks' vacation and use of an automobile. In lieu of annual
increases in compensation, there will be additional bonuses voted
by the Board of Directors. On severance of employment for any
reason, Mr. Landy will receive severance of $450,000, payable
$150,000 on severance and $150,000 on the first and second
anniversaries of severance. If employment is terminated
following a change in control of the Company, Mr. Landy will be
entitled to severance pay only if actually severed either at the
time of merger or subsequently. In the event of disability, Mr.
Landy's compensation shall continue for a period of three years,
payable monthly. On retirement, Mr. Landy shall receive a pension
of $50,000 a year for ten years, payable in monthly installments.
Mr. Landy can elect to receive these installments prior to
retirement. In the event of death, Mr. Landy's designated
beneficiary shall receive $450,000, $100,000 thirty days after
death and the balance one year after death. The Employment
Agreement terminated December 31, 2001 but was automatically
renewed and extended for successive one-year periods.
8
Samuel A. Landy:
Effective January 1, 1999, the Company and Samuel A. Landy
entered into a three-year Employment Agreement under which Samuel
Landy receives an annual base salary of $205,000 for 1999,
$215,000 for 2000 and $225,000 for 2001 plus bonuses and
customary fringe benefits. Bonuses shall be at the
discretion of the Board of Directors and shall be based on
certain guidelines. Samuel Landy will also receive four weeks'
vacation, use of an automobile, and stock options for 25,000
shares in each year of the contract. On severance or
disability, Samuel A. Landy is entitled to one year's pay.
The Company also agrees to loan to Samuel Landy $100,000 at
the Company's corporate borrowing rate with a five-year
maturity and a fifteen-year principal amortization. Additional
amounts, secured by Company stock, may be borrowed at the same
terms for the exercise of stock options.
Anna T. Chew:
Effective January 1, 2000, the Company extended Anna T.
Chew's Employment Agreement for an additional three years. Ms.
Chew receives an annual base salary of $133,100 for 2000,
$146,400 for 2001 and $161,000 for 2002 plus bonuses and
customary fringe benefits. On severance for any reason, Ms. Chew
is entitled to an additional one year's pay. In the event of
disability, her salary shall continue for a period of two years.
Report of Compensation Committee on Executive Compensation
Overview and Philosophy
The Company has a Compensation Committee consisting of two
independent outside Directors. This Committee is responsible for
making recommendations to the Board of Directors concerning
executive compensation. The Compensation Committee takes into
consideration three major factors in setting compensation.
The first consideration is the overall performance of the
Company. The Board believes that the financial interests of the
executive officers should be aligned with the success of the
Company and the financial interests of its shareholders.
Increases in funds from operations, the enhancement of the
Company's equity portfolio, and the success of the Dividend
Reinvestment and Stock Purchase Plan all contribute to increases
in stock prices, thereby maximizing shareholders' return.
The second consideration is the individual achievements made
by each officer. The Company is a small real estate investment
trust (REIT). The Board of Directors is aware of the
contributions made by each officer and makes an evaluation of
individual performance based on their own familiarity with the
officer.
The final criteria in setting compensation are comparable
wages in the industry. In this regard, the REIT industry
maintains excellent statistics.
9
Financial Information Systems Design and Implementation Fees
There were no fees billed by KPMG LLP for professional
services rendered for information technology services relating to
financial information systems design and implementation for the
year ended December 31, 2001.
All Other Fees
The aggregate fees billed by KPMG LLP, for services rendered
to the Company for the year ended December 31, 2001, other than
for services described above, were $70,600.
The Audit Committee has determined that the provision of the
non-audit services described above is compatible with maintaining
KPMG LLP's independence.
Audit Committee:
Charles P. Kaempffer
Richard H. Molke
Eugene D. Rothenberg
COMPARATIVE STOCK PERFORMANCE
The following line graph compares the total return of the
Company's common stock for the last five years to the NAREIT All
REIT Total Return Index, published by the National Association of
Real Estate Investment Trusts (NAREIT), and the S&P 500 Index for
the same period. The total return reflects stock price
appreciation and dividend reinvestment for all three comparative
indices. The information herein has been obtained from sources
believed to be reliable, but neither its accuracy nor its
completeness is guaranteed.
1996 1997 1998 1999 2000 2001
United Mobile Homes, Inc 100 110 106 89 112 155
NAREIT All REIT 100 119 96 90 114 131
S & P 500 100 133 171 208 189 166
11
CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS
Transactions with Monmouth Real Estate Investment Corporation
As of December 31, 2001, the Company owned a total of
548,501 shares of Monmouth Real Estate Investment Corporation
(MREIC) common stock with a cost of $3,134,889. These shares
were purchased primarily through MREIC's Dividend Reinvestment
and Stock Purchase Plan. The market value of these shares as of
December 31, 2001 was $3,537,834. There are five Directors of
the Company who are also Directors and shareholders of MREIC.
Transactions with Monmouth Capital Corporation and The Mobile
Home Store, Inc.
As of December 31, 2001, the Company owned a total of
24,206 shares of Monmouth Capital Corporation (MCC) common stock
with a cost of $62,076. These shares were purchased primarily
through MCC's Dividend Reinvestment and Stock Purchase Plan. The
market value of these shares as of December 31, 2001 was $65,839.
Seven Directors of the Company are also Directors and
shareholders of MCC.
Prior to March 31, 2002, the Company received rental income
from The Mobile Home Store, Inc. (MHS), a wholly-owned subsidiary
of MCC. MHS sold and financed the sales of manufactured homes.
MHS paid the Company market rent on sites where MHS had a
home for sale. Total site rental income from MHS amounted to
$33,370, $109,550, and $159,065 for the years ended December 31,
2001, 2000, and 1999, respectively.
The Company and MHS had entered into an agreement whereby
MHS leased space from the Company to be used as sales lots, at
market rates, at most of the Company's communities. Total rental
income relating to these leases amounted to $38,370, $153,480 and
$142,680, for the years ended December 31, 2001, 2000 and 1999,
respectively.
During 2001, 2000 and 1999, the Company had approximately
$49,000, $52,000 and $62,000, respectively, of rental homes that
were sold to MHS at book value.
During 2001, 2000 and 1999, the Company purchased from MHS
at its cost 3, 11 and 24 new homes, respectively, totaling
$47,953, $201,399 and $530,520, respectively, to be used as
rental homes. On March 30, 2001, the Company also purchased at
carrying value all of the remaining inventory of MHS. This
amounted to $2,261,624. The Company also assumed the inventory
financing of $1,833,871. Changes in the tax laws governing REITs
now allow the Company, through a taxable REIT subsidiary, to
engage in the sales and finance business.
Salary and Director's, Management and Legal Fees
During the years ended December 31, 2001, 2000 and 1999,
salary and Director's, management and legal fees to Eugene W.
Landy and the law firm of Landy & Landy amounted to $162,800,
$161,600 and $160,600, respectively.
12
Other Matters
The Company has a three-year employment agreement and a five-
year employment agreement with two of its executive officers. The
agreements provide for base compensation, bonuses and fringe
benefits, in addition to specified severance and retirement
benefits. The Company is accruing these benefits over the terms
of the agreements. Included in general and administrative
expense for the years ended December 31, 2001, 2000 and 1999 were
$-0-, $40,000 and $41,875, respectively, relating to these
agreements.
In August, 1999, the Company entered into a lease for its
corporate offices. The lease is for a five-year term at market
rates with monthly lease payments of $12,000. The lessor of the
property is owned by certain officers and directors of the
Company. The lease payments and the resultant lease term
commenced on May 1, 2000. Approximately 50% of the monthly lease
payment is reimbursed by other related entities utilizing the
leased space (MCC and MREIC). The corporate offices
(approximately 10,000 square feet) are located in a one story
120,000 square foot office complex. The rents paid by the Company
are market rents comparable to rents paid by others in the
complex.
There is no family relationship between any of the Directors
or Executive Officers of the Company, except that Samuel A.
Landy, President and Director, is the son of Eugene W. Landy,
Chairman of the Board of the Company.
Eugene W. Landy and Samuel A. Landy are partners in the law
firm of Landy & Landy, which firm, or its predecessor firms, have
been retained by the Company as legal counsel since the formation
of the Company, and which firm the Company proposes to retain as
legal counsel for the current year. The Company uses house
counsel and outside law firms extensively.
There is a potential loss of professional independence
inherent in the attorney/director relationship. This may
jeopardize the attorney's usefulness as a director and may
compromise his effectiveness as a corporate attorney. It is not
unusual for a corporation to have on its Board of Directors an
attorney who also serves as outside counsel. The New Jersey
Supreme Court has ruled that this relationship is not per se
improper, but the attorney should fully discuss the issue of
conflict with the other directors and disclose it as part of the
proxy statement so that shareholders can consider the conflict
issue when voting for or against the attorney/director nominee.
COMPLIANCE WITH EXCHANGE ACT FILING REQUIREMENTS
Section 16(a) of the Securities Exchange Act of 1934, as
amended, requires the Company's Officers and Directors, and
persons who own more than 10% of the Company's Common Stock, to
file reports of ownership and changes in ownership with the
Securities and Exchange Commission. Officers, Directors and
greater than 10% shareholders are required by Securities and
Exchange Commission regulations to furnish the Company with
copies of all Section 16(a) forms they file. Based solely on
review of the copies of such forms furnished to the Company, the
Company believes that, during the year, all Section 16(a) filing
requirements applicable to its Officers, Directors and greater
than 10% beneficial owners were met, except that Charles P.
Kaempffer, James E. Mitchell and Richard Molke failed to file a
report on Form 4 on a timely basis.
13
GENERAL
The Board of Directors knows of no other matters other than
those stated in the Proxy Statement which are to be presented for
action at the Annual Meeting. If any other matters should
properly come before the Annual Meeting, it is intended that
proxies in the accompanying form will be voted on any such matter
in accordance with the judgment of the persons voting such
proxies. Discretionary authority to vote on such matters is
conferred by such proxies upon the persons voting them.
The Company will provide, without charge, to each person
being solicited by this Proxy Statement, on the written request
of any such person, a copy of the Annual Report of the Company on
Form 10-K for the year ended December 31, 2001 (as filed with the
Securities and Exchange Commission), including the financial
statements and schedule thereto. All such requests should be
directed to UNITED MOBILE HOMES, INC., Attention: Shareholder
Relations, Juniper Business Plaza, 3499 Route 9 North, Suite 3-C,
Freehold, New Jersey 07728.
SHAREHOLDER PROPOSALS
In order for Shareholder Proposals for the 2003 Annual
Meeting of Shareholders to be eligible for inclusion in the
Company's 2003 Proxy Statement, they must be received by the
Company at its principal office at Juniper Business Plaza, 3499
Route 9 North, Suite 3-C, Freehold, New Jersey 07728 not later
than December 2, 2002.
BY ORDER OF THE BOARD OF DIRECTORS
ERNEST V. BENCIVENGA
Secretary
Dated: May 8, 2002
IMPORTANT: Shareholders can help the Directors avoid the
necessity and expense of sending follow-up letters to insure a
quorum by promptly returning the enclosed proxy. The proxy is
revocable and will not affect your right to vote in person in the
event you attend the meeting. You are earnestly requested to
sign and return the enclosed proxy in order that the necessary
quorum may be present at the meeting. The enclosed addressed
envelope requires no postage and is for your convenience.
14
PROXY PROXY
UNITED MOBILE HOMES, INC.
PROXY FOR ANNUAL MEETING OF SHAREHOLDERS
This Proxy is Solicited on Behalf of the Board of Directors
PLEASE FILL IN, DATE AND SIGN PROXY AND RETURN PROMPTLY
The undersigned hereby appoints EUGENE W. LANDY, ERNEST V.
BENCIVENGA, and SAMUEL A. LANDY, and each or any of them, proxies
of the undersigned, with full power of substitution to vote in
their discretion (subject to any direction indicated hereon) at
the Annual Meeting of Shareholders to be held at the Company
Office at Juniper Business Plaza, 3499 Route 9 North, Suite 3-C,
Freehold, New Jersey, on Thursday, June 6, 2002, at 4:00 o'clock
p.m., and at any adjournment thereof, with all the powers which
the undersigned would possess if personally present, and to vote
all shares of stock which the undersigned may be entitled to vote
at said meeting.
The Board of Directors recommends a vote FOR items (1) and (2),
and all shares represented by this Proxy will be so voted unless
otherwise indicated, in which case they will be voted as marked.
(1) Election of Directors - Nominees are: Ernest V.
Bencivenga, Anna T. Chew, Charles P. Kaempffer, Eugene W. Landy,
Samuel A. Landy, James E. Mitchell, Richard H. Molke, Eugene D.
Rothenberg and Robert G. Sampson.
(Instruction: To withhold authority to vote for any
individual Nominee, write that person's
name on the line below.)
________________________________________________________________
FOR all Nominees WITHHOLD AUTHORITY
except as Indicated / / to vote for listed Nominees / /
(2) Approval of the appointment of KPMG LLP as Independent
Auditors for the Company for the year ending December 31,
2002.
FOR / / AGAINST / / ABSTAIN / /
(3) Such other business as may be brought before the meeting or
any adjourn-ment thereof. The Board of Directors at present
knows of no other business to be presented by or on behalf
of the Company or its Board of Directors at the meeting.
Receipt of Notice of Meeting and Proxy Statement is hereby
acknowledged:
DATED:____________________________, 2002.
______________________________
Signature
______________________________
Signature
Important: Please date this Proxy; sign exactly as your name(s)
appears hereon. When signing as joint tenants, all parties to
the joint tenancy should sign. When signing the Proxy as
attorney, executor, administrator, trustee or guardian, please
give full title as such.