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SF 1253

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to housing; establishing a resident right of refusal when a manufactured
home park is being sold; amending Minnesota Statutes 2006, sections 327C.095,
subdivisions 6, 7, 9; 327C.096; repealing Minnesota Statutes 2006, section
327C.095, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 327C.095, subdivision 6, is amended to
read:


Subd. 6.

Intent to convert use of park at time of purchasenew text begin ; resident right of first
refusal
new text end .

new text begin (a)new text end Before the execution of an agreement to purchase a manufactured home park,
the purchaser must notify the park owner, in writing, if the purchaser intends to close the
manufactured home park or convert it to another use deleted text begin within one year of the execution of
the agreement
deleted text end . The park owner shall provide a resident of each manufactured home with a
deleted text begin 45-daydeleted text end new text begin 90-day new text end written notice of the purchaser's intent to close the park or convert it to
another usenew text begin , and offer the park for sale to the residentsnew text end . The notice must state that the park
owner will provide information on the cash price and the terms and conditions of the
purchaser's offer to residents requesting the information. The notice must be sent by first
class mail to a resident of each manufactured home in the park. The notice period begins
on the postmark date affixed to the notice and ends deleted text begin 45deleted text end new text begin 90 new text end days after it begins.

new text begin (b)new text end During the notice period required in this subdivision, new text begin the following shall have
the right to purchase the park by meeting the cash price and executing an agreement
to purchase the park for the purpose of keeping the park as a manufactured housing
community:
new text end

new text begin (1)new text end the owners of at least 51 percent of the manufactured homes in the park deleted text begin ordeleted text end new text begin ;new text end

new text begin (2)new text end a nonprofit organization which has the written permission of the owners of at
least 51 percent of the manufactured homes in the park to represent them in the acquisition
of the park deleted text begin shall have the right to meet the cash price and execute an agreement to purchase
the park for the purposes of keeping the park as a manufactured housing community
deleted text end new text begin ; or
new text end

new text begin (3) a resident-owned cooperative formed under either chapter 308A or 308B, unless
a majority of the residents object, in writing, to a conversion under either chapter 308A or
308B within 30 days after receipt of notice of an attempt to convert to a cooperative
new text end .

new text begin (c)new text end The park owner must accept the offer if it meets the cash price and the same
terms and conditions set forth in the purchaser's offer except that the seller is not obligated
to provide owner financing. For purposes of this section, cash price means the cash price
offer or equivalent cash offer as defined in section 500.245, subdivision 1, paragraph (d).

Sec. 2.

Minnesota Statutes 2006, section 327C.095, subdivision 7, is amended to read:


Subd. 7.

Intent to new text begin close ornew text end convert use of park after purchase.

new text begin (a)new text end If the purchaser
of a manufactured home park decides to new text begin close ornew text end convert the park to another use deleted text begin within
one year
deleted text end new text begin within three yearsnew text end after the purchase of the park, the purchaser must offer the
park for purchase by the residents of the parknew text begin , and the residents shall have the right to
purchase the park by meeting the cash price and executing an agreement to purchase the
park
new text end . For purposes of this subdivision, the date of purchase is the date of the transfer of
the title to the purchaser.

new text begin (b)new text end The purchaser must provide a resident of each manufactured home with a
written notice of the intent to close the park deleted text begin and all of the owners of at least 51 percent
of the manufactured homes in the park or a nonprofit organization which has the written
permission of the owners of at least 51 percent of the manufactured homes in the park
to represent them in the acquisition of the park
deleted text end new text begin . The following new text end shall have deleted text begin 45deleted text end new text begin 90new text end days to
execute an agreement for the purchase of the park at a cash price equal to the original
purchase price paid by the purchaser plus any documented expenses relating to the
acquisition and improvement of the park property, together with any increase in value
due to appreciation of the parknew text begin :
new text end

new text begin (1) all of the owners of at least 51 percent of the manufactured homes in the park;
new text end

new text begin (2) a nonprofit organization which has the written permission of the owners of at
least 51 percent of the manufactured home in the park to represent them in the acquisition
of the park; or
new text end

new text begin (3) a resident-owned cooperative formed under either chapter 308A or 308B, unless
a majority of the residents object, in writing, to a conversion under either chapter 308A or
308B within 30 days after receipt of notice of an attempt to convert to a cooperative
new text end .

new text begin (c)new text end The purchaser must execute the purchase agreement at the price specified in this
subdivision and pay the cash price within 90 days of the date of the purchase agreement.
The notice must be sent by first class mail to a resident of each manufactured home in
the park. The notice period begins on the postmark date affixed to the notice and ends
deleted text begin 45deleted text end new text begin 90new text end days after it begins.

Sec. 3.

Minnesota Statutes 2006, section 327C.095, subdivision 9, is amended to read:


Subd. 9.

Effect of noncompliance.

deleted text begin If a manufactured home park is finally sold or
converted to another use in violation of subdivision 6 or 7, the residents do not have any
continuing right to purchase the park as a result of that sale or conversion.
deleted text end A violation
of subdivision 6 or 7 is subject to section 8.31, except that relief shall be limited so that
questions of marketability of title shall not be affected.

Sec. 4.

Minnesota Statutes 2006, section 327C.096, is amended to read:


327C.096 NOTICE OF SALE new text begin AND OPPORTUNITY FOR RESIDENTS TO
PURCHASE
new text end .

new text begin Subdivision 1. new text end

new text begin Notice of offer of sale. new text end

When a park owner offers to sell a
manufactured home park to the public through advertising in a newspaper or by listing
the park with a realtor licensed by the Department of Commerce, the owner must provide
concurrent written notice to a resident of each manufactured home in the park that the
park is being offered for sale. Written notice provided once within a one-year period
satisfies the requirement under this section. deleted text begin The notice provided by the park owner to a
resident of each manufactured home does not grant any property rights in the park and is
for informational purposes only. This section does not apply in the case of a taking by
eminent domain, a transfer by a corporation to an affiliate, a transfer by a partnership to
one or more of its partners, or a sale or transfer to a person who would be an heir of
the owner if the owner were to die intestate. If at any time a manufactured home park
owner receives an unsolicited bona fide offer to purchase the park that the owner intends
to consider or make a counter offer to, the owner is under no obligation to notify the
residents as required under this section.
deleted text end

new text begin Subd. 2. new text end

new text begin Opportunity for residents to purchase. new text end

new text begin A manufactured home park
owner who offers to sell a manufactured home park under subdivision 1 must consider
a bona fide purchase offer from the residents and must negotiate in good faith with the
residents. An owner who accepts a purchase agreement from the residents, nonprofit
organization, or resident-owned cooperative must provide a reasonable period for the
residents to obtain full financing. For the purposes of this subdivision, "residents" means:
new text end

new text begin (1) the owners of at least 51 percent of the manufactured homes in the park;
new text end

new text begin (2) a nonprofit organization that has the written permission of the owners of at least
51 percent of the manufactured homes in the park to represent them in negotiations; or
new text end

new text begin (3) a resident-owned cooperative formed under either chapter 308A or 308B.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply in the case of a taking by eminent
domain, a transfer by a corporation to an affiliate, a transfer by a partnership to one or
more of its partners, or a sale or transfer to a person who would be an heir of the owner if
the owner were to die intestate.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 327C.095, subdivision 8, new text end new text begin is repealed.
new text end