Restrictions on sale when a mobile home park is sold

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§9094-A. Restrictions on sale when a mobile home park is sold

1.  Notice of offer to purchase the mobile home park.  Except as provided in subsection 3, if the owner of a mobile home park receives an offer to purchase the mobile home park and the park owner intends to accept that offer, the owner shall give 45 days' written notice to tenants of the mobile home park. The notice must indicate that the owner has received an offer to purchase the mobile home park and that the owner intends to accept that offer. During the 45-day notice period, the owner may not execute a contract for the purchase and sale of the mobile home park. The owner must mail by regular mail a separate notice to each park tenant.  

[PL 1989, c. 768 (NEW).]

2.  Option contract.  Nothing in this subsection prohibits the owner of a mobile home park from obtaining at any time from a buyer an option to sell the mobile home park if:  

A. The option does not bind the owner who obtains the option to sell the park to the buyer; and   [PL 1989, c. 768 (NEW).]

B. The option of the owner may not be exercised prior to expiration of the 45-day notice provided for in subsection 1.   [PL 1989, c. 768 (NEW).]

[PL 1989, c. 768 (NEW).]

3.  Exception; no change of use for 2 years.  The owner of a mobile home park may sell the park without notifying tenants in the manner provided by subsection 1 if the purchase and sale agreement for the mobile home park provides for a deed containing a covenant, enforceable by tenants of the mobile home park, that forbids the purchaser from changing the use of the mobile home park for 2 years after the transfer.  

[PL 1989, c. 768 (NEW).]

4.  Enforcement.  A mobile homeowner, group of mobile homeowners or a mobile homeowners' 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.  

[PL 1989, c. 768 (NEW).]

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).


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