§9094-A. Restrictions on sale when a mobile home park is sold
1.
Notice required.
The owner of a mobile home park shall give notice of the intent to sell the mobile home park to each owner of a mobile home in the mobile home park and to the Maine State Housing Authority. The owner of the mobile home park may not make a final unconditional acceptance of an offer for the sale of the mobile home park earlier than the 60th day after the date the notice was mailed as required by this subsection. The notice must include:
A.
A statement that a group of mobile home owners or a mobile home owners' association of the mobile home park may make an offer to purchase the mobile home park within 60 days of the mailing date of the notice; and
[PL 2023, c. 378, §1 (NEW).]
B.
Either:
(1)
The price, terms and conditions for which the owner of the mobile home park intends to sell the mobile home park; or
(2)
The price, terms and conditions of any acceptable offer the owner of the mobile home park has received for the mobile home park, including a signed copy of the written offer that contains a description of the property. The owner may redact the name, address, contact information or other identifying information of the party making the offer.
[PL 2023, c. 378, §1 (NEW).]
The notice must be mailed by certified mail, return receipt requested, to each mobile home owner at the mobile home owner's home address and to the Maine State Housing Authority.
[PL 2023, c. 378, §1 (RPR).]
2.
Option contract.
[PL 2023, c. 378, §2 (RP).]
3.
Exception; no change of use for 2 years.
[PL 2023, c. 378, §3 (RP).]
3-A.
Group of mobile home owners or a mobile home owners' association purchase.
The owner of a mobile home park shall consider any offer received before the 60th day after the date the notice was mailed as required by subsection 1 from a group of mobile home owners or a mobile home owners' association, as long as the mobile home owners of at least 51% of the mobile homes in the mobile home park that are occupied by the mobile home owner or a family member of the mobile home owner sign a petition or otherwise indicate in writing that they support making the offer. The owner of the mobile home park shall negotiate in good faith with the group of mobile home owners or the mobile home owners' association concerning a purchase pursuant to an offer made under this subsection. For the purposes of this subsection, negotiating in good faith does not require the owner of a mobile home park to accept an offer to purchase made by a group of mobile home owners or the mobile home owners' association. An offer made by the group of mobile home owners or the mobile home owners' association must include a purchase and sale agreement. If the owner of the mobile home park accepts the offer of the group of mobile home owners or the mobile home owners' association, the group of mobile home owners or the mobile home owners' association must obtain appropriate financing before the 90th day after the execution date of the purchase and sale agreement.
[PL 2023, c. 378, §4 (NEW).]
3-B.
Applicability.
This section does not apply to:
A.
A sale after foreclosure by a bank, mortgage company or other mortgagee at a foreclosure sale or a sale after purchase at a foreclosure sale;
[PL 2023, c. 378, §5 (NEW).]
B.
A sale or transfer to a family member of the owner of the mobile home park or to a trust, the beneficiaries of which are family members of the owner of the mobile home park. For purposes of this paragraph, "family member" means a person identified in Title 18‑C, section 2‑102 as eligible for intestate share;
[PL 2023, c. 378, §5 (NEW).]
C.
A sale or transfer by a partnership to one or more of its partners;
[PL 2023, c. 378, §5 (NEW).]
D.
A conveyance of an interest in the mobile home park incidental to the financing of the mobile home park;
[PL 2023, c. 378, §5 (NEW).]
E.
A sale or transfer between owners of the mobile home park who are joint tenants or tenants in common;
[PL 2023, c. 378, §5 (NEW).]
F.
A sale pursuant to the exercise of the power of eminent domain; or
[PL 2023, c. 378, §5 (NEW).]
G.
A transfer that is by gift, devise, judicial decree or operation of law.
[PL 2023, c. 378, §5 (NEW).]
The requirements of this section apply separately to each substantially different offer to sell or purchase a mobile home park.
[PL 2023, c. 378, §5 (NEW).]
3-C.
Affidavit of compliance.
A mobile home park owner may record in the registry of deeds of the county or district in which the mobile home park is located an affidavit in which the park owner certifies that:
A.
The mobile home park owner has complied with the requirements of this section; or
[PL 2023, c. 378, §6 (NEW).]
B.
The sale of the mobile home park is exempted from the requirements of this section pursuant to subsection 3‑B.
[PL 2023, c. 378, §6 (NEW).]
The mobile home park owner may send a copy of the affidavit to the Maine State Housing Authority.
A party acquiring an interest in a mobile home park, a title insurance company and an attorney preparing, furnishing or examining evidence of title of the mobile home park may rely on the truth and accuracy of the statements appearing in an affidavit filed under this subsection and are under no obligation to inquire further as to any matter or fact relating to the mobile home park owner's compliance with the provisions of this section. This subsection must be liberally construed in order that all persons may rely on the record title to a mobile home park.
[PL 2023, c. 378, §6 (NEW).]
4.
Enforcement.
A mobile home owner, group of mobile home owners or a mobile home owners' association aggrieved by a violation of this section may bring an action in Superior Court against the violator for injunctive relief, damages and attorney's fees. A violation of any of the provisions of this chapter is considered prima facie evidence of an unfair or deceptive trade practice under Title 5, chapter 10.
[PL 2023, c. 378, §7 (AMD).]
5.
Supplemental notice and use restrictions.
Nothing in this section prohibits the owner of a mobile home park from providing notice or establishing use restrictions in addition to those required under this section.
[PL 1989, c. 768 (NEW).]
SECTION HISTORY
PL 1989, c. 768 (NEW). PL 2023, c. 378, §§1-7 (AMD).