2026 -- H 8013

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LC004800

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED

HOMES

     

     Introduced By: Representatives Speakman, and Cortvriend

     Date Introduced: February 27, 2026

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-44-1, 31-44-1.4 and 31-44-3.1 of the General Laws in Chapter

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31-44 entitled "Mobile and Manufactured Homes" are hereby amended to read as follows:

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     31-44-1. Definitions.

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     As used in this chapter:

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     (1) “Department” means the department of business regulation.

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     (2) “Director” means the director of the department of business regulation.

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     (3) “Entry requirements” means any written, nondiscriminatory criteria for resident

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selection incorporated into the rules and regulations of a mobile- and manufactured-home park

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which are equally applied by the licensee to all purchasers and prospective residents.

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     (4) “Executive office of housing” means the office within the executive branch of state

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government established pursuant to the provisions of § 42-167-1.

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     (4)(5) “Fee schedule” means an itemized list of fees for goods or services sold or performed

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by a mobile- and manufactured-home park licensee including, but not limited to, the entrance fee,

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hook-up fee, and maintenance fee, if any.

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     (5)(6) “Hook-up fee” means a reasonable fee for the services required to install a mobile

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and manufactured home on a mobile- and manufactured-home space or lot. The charge shall include

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the cost of connecting water and sewer lines, electrical connections, tie-downs, removal of wheels

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or axles, steps, if necessary, and other necessary services, including, but not limited to, the creation

 

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of new pads or piers.

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     (6)(7) “Household” means one or more persons occupying a housing unit.

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     (7)(8) “Licensee” means any person or agent licensed under § 31-44-1.6 who is directly or

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indirectly engaged in the business of selling mobile and manufactured homes or who operates and

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maintains a mobile- and manufactured-home park under the provisions of this chapter.

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     (8)(9) “Mobile and manufactured home” means a detached residential unit designed:

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     (i) For a long term occupancy and containing sleeping accommodations, a flush toilet, and

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a tub or shower bath and kitchen facilities, and having both permanent plumbing and electrical

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connections for attachment to outside systems;

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     (ii) To be transported on its own wheels or on a flatbed or other trailer or detachable wheels;

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and

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     (iii) To be placed on pads, piers, or tied down, at the site where it is to be occupied as a

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residence complete and ready for occupancy, except for minor and incidental unpacking and

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assembly operations and connection to utilities systems.

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     (9)(10) “Mobile- and manufactured-home park” or “park” means a plot of ground upon

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which four (4) or more mobile and manufactured homes, occupied for residential purposes are

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located.

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     (10)(11) “Mobile- and manufactured-home space or lot” means a plot of ground within a

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mobile- and manufactured-home park designed for the accommodation of one mobile and

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manufactured home.

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     (11)(12) “Owner” means a licensee or permittee or any person who owns, operates, or

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maintains a mobile- and manufactured-home park.

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     (12)(13) “Prospective resident” means an applicant for admission to a mobile- and

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manufactured-home park who is ready, willing, and able to buy a mobile and manufactured home

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owned and offered for sale by a licensee or resident, and who is able to meet the entrance

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requirements of the rules of the park.

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     (13)(14) “Protected lawful action” means any report of a violation of this chapter, or of any

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applicable building or health code, or any other justified complaint to a governmental authority, or

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any other justified lawful act by the resident(s) or prospective resident(s).

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     (14)(15) “Qualified sale” means the sale of a mobile- and manufactured-home park to a

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resident organization with the goal of resident ownership by at least fifty-one percent (51%) of the

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homeowner households residing in the park.

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     (15)(16) “Reprisal” means any act taken against the resident(s) which is intended as a

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penalty for any protected lawful action taken by the resident(s).

 

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     (16)(17) “Resident” means an owner or renter occupying a mobile and manufactured home

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in a mobile- and manufactured-home park with the consent of the owner as defined in subdivision

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(11) of this section.

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     (17)(18) “Resident organization” means a group of mobile- and manufactured-home park

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residents who have formed a nonprofit corporation, cooperative corporation, or other entity or

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organization for the purpose of acquiring the mobile home park in which they reside and converting

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the mobile home park to resident ownership.

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     (18)(19) “Resident ownership” means, depending on the context, either the ownership, by

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a resident organization, as defined in this section, of an interest in a mobile- and manufactured-

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home park which entitles the resident organization to control the operations of the mobile home

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park, or the ownership of individual interests in a mobile home park, or both.

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     (20) “Secretary” means the secretary of housing appointed pursuant to the provisions of §

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42-167-4.

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     (19)(21) “Security deposit” means a sum not to exceed the monthly rental which a licensee

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may require a resident of a rented mobile or manufactured home to deposit as security in case of

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damage caused by the resident in excess of ordinary wear and tear.

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     (20)(22) “Standards for mobile and manufactured homes” means any written,

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nondiscriminatory minimum specifications for structural soundness, safety, and habitability

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adopted by the department or any other government agency.

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     31-44-1.4. Powers and duties of department Powers and duties of department and

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secretary.

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     (a) The department may:

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     (1) Interpret and implement in collaboration with the secretary of housing, the provisions

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of this chapter and the applicable provisions of chapter 44.1 of this title;

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     (2) Act for the purpose of promoting a uniform policy relating to all phases of mobile and

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manufactured home business and use;

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     (3) Monitor and determine the sufficiency of the state Mobile and Manufactured Home Act

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under this chapter as well as local mobile and manufactured home ordinances which are designed

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to provide local governments with superintending control over mobile and manufactured home

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business or use and to make recommendations to it; and

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     (4) Conduct public hearings relating to these advisory responsibilities.

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     (b) The department shall:

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     (1) Monitor the implementation of statutes and regulations affecting mobile and

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manufactured homes;

 

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     (2) Make investigations and conduct or authorize periodic surveys to determine compliance

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with this chapter;

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     (3) All departments of state government are authorized to provide assistance to the

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department as the department requires;

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     (4) Conduct a public education program to improve public perception and local acceptance

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of mobile and manufactured homes and to promote them as affordable housing; and

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     (5) Study additional issues related to mobile and manufactured homes and periodically

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disseminate acquired information.

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     (6) Assist as requested by the secretary in the enforcement of the provisions of § 31-44-

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3.1.

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     (c) The secretary shall, pursuant to the powers and duties enumerated in § 42-167-5 in

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collaboration with the department, carry out the purpose of the executive office of housing as

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specified in § 42-167-2 to implement and enforce the provisions of this chapter.

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     31-44-3.1. Sale of mobile home parks — Tenants association right of first refusal.

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     (a) In any instance in which a mobile home park owner has been sent a certified letter from

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an incorporated home owner households association indicating that the association has at least fifty-

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one percent (51%) of the home owner households residing within that park as members, and has

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articles of incorporation specifying all rights and powers, including the power to negotiate for,

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acquire, and operate the mobile home park on behalf of the member residents, then, before Before

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a mobile home park may be sold for any purpose and before it may be leased for any purpose that

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would result in a discontinuance, the park owner shall notify the association each owner of a mobile

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home in the mobile home park and the executive office of housing established pursuant to the

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provisions of § 42-16.7-1, by certified mail return receipt requested of any bona fide offer that the

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owner intends to accept, to buy the park or to lease it for a use that would result in a discontinuance.

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The park owner shall not make a final unconditional acceptance of an offer for the sale of the mobile

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home park, or for the lease for a use that would result in a discontinuance, earlier than the forty-

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five (45) days after the notice required by this subsection is mailed in accordance with this

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subsection and received by the executive office of housing. The park owner shall also give notice

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by certified mail return receipt requested to the incorporated homeowners’ association each owner

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of a mobile home in the mobile home park and executive office of housing of any intention to sell

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or lease the park for a use which will result in a discontinuance within fourteen (14) days of any

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advertisement or other public notice by the park owner or his or her agent that the park is for sale

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or the land upon which the park is located is for lease. Nothing in this section shall limit the

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association from acting as an agent of the residents in any other cause of action, objective or purpose

 

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in advancing a stated purpose in the articles of incorporation of the homeowners’ association.

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     (b) The notice of pending bona fide sale from the park owner must shall contain at a

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minimum the following: if known and available and applicable to the sale:

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     (1) An affidavit from the buyer or lessee stating the offered purchase price or offered lease

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payment;

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     (1) A statement that a group of mobile home owners or a mobile home owners’ association

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of the mobile home park has a right to purchase the mobile home park, and may make an offer to

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purchase the mobile home park within forty five (45) days of when the notice containing

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information required by this subsection is mailed in accordance with this subsection and received

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by the executive office of housing;

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     (2) The price, terms and conditions of any acceptable offer the owner of the mobile home

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park has received for the mobile home park, including a signed copy of the written offer or purchase

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and sale agreement that contains a description of the property. The park owner may redact the

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name, address, contact information or other identifying information of the party making the offer.

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If an owner of a mobile home park intends to accept an offer to purchase the mobile home park and

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the mobile home park is to be included in an investment portfolio by the purchaser, the price, terms

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and conditions specific to the mobile home park shall be specified in the notice required by this

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subsection.

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     (3) The notice of pending bona fide sale from the park owner shall contain the following if

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known and available and applicable to the sale:

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     (2)(i) The terms of seller financing, including the amount, the interest rate and its

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amortization rate;

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     (3)(ii) The terms of assumable financing, if any, including the amount, the interest rate and

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its amortization rate;

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     (4)(iii) The legal description and a statement of appraised or assessed value of property

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included in any land trade involved in the sale of the park;

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     (5)(iv) Proposed improvements to the property to be made by the park owner in connection

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with the sale, or other economic concessions by the park owner in connection with the sale, if any;

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     (6)(v) A statement that the park owner will allow reasonable access to the property by

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parties involved in the potential purchase including, but not limited to, the tenants’ association, the

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group of mobile home owners or the mobile home owners’ association consultants, legal

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representatives or advisors, and lenders;

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     (7)(vi) A statement that the park owner will shall make available to the residents group of

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mobile home owners or the mobile home owners’ association copies of any easements either on or

 

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off the property to which the park owner is a party and copies of all permits or licenses in force

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within seven (7) days of a signed purchase and sale agreement with the residents group of mobile

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home owners or the mobile home owners’ association;

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     (8)(vii) A statement that the park owner will shall make available to the residents group of

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mobile home owners or the mobile home owners’ association a survey and legal description of the

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park, plus an itemized list of monthly operating expenses, utility consumption rates, taxes,

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insurance and capital expenditures for each of the past three (3) years within seven (7) days of a

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signed purchase and sale agreement with the residents group of mobile home owners or the mobile

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home owners’ association;

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     (9)(viii) A statement that the park owner will shall make available to the tenants’

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association group of mobile home owners or the mobile home owners’ association the most recent

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rent roll, a list of tenants, a list of vacant units and a statement of the vacancy rate at the park for

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the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement

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with the residents group of mobile home owners or the mobile home owners’ association;

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     (10)(ix) A statement that the park owner will shall make available to the tenants’

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association group of mobile home owners or the mobile home owners’ association any available

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data relating to the past and present existence of hazardous waste either on the property or in close

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proximity within seven (7) days of a signed purchase and sale agreement with the residents group

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of mobile home owners or the mobile home owners’ association;

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     (11)(x) A statement that the park owner will shall make available to the tenants’ association

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group of mobile home owners or the mobile home owners’ association any available data relating

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to the water, sewer and electrical systems of the park within seven (7) days of a signed purchase

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and sale agreement with the residents group of mobile home owners or the mobile home owners’

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association;

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     (12)(xi) A statement that the park owner will shall make available to the tenants’

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association group of mobile home owners or the mobile home owners’ association all income and

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operating expenses relating to the property to be purchased for the three (3) preceding calendar

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years within seven (7) days of a signed purchase and sale agreement with the residents group of

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mobile home owners or the mobile home owners’ association and any other information that may

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be required by the lender. Any additional information that is required by the lender shall be kept

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strictly confidential between the park owner, the group of mobile home owners or the mobile home

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owners’ association, and their lenders.

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     (c) Any incorporated home owners’ association entitled to notice under this section A

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group of mobile home owners or a mobile home owners’ association shall have the right to

 

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purchase, in the case of a third party bona fide offer to purchase, or to lease in the case of a third

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party bona fide offer to lease, the park, provided it meets the same price and the same terms and

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conditions has substantially equivalent terms and conditions of any offer of which it is entitled to

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notice under this section the offer the park owner has conditionally accepted or plans to accept by:

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     (1) Executing Submitting a proposed contract or purchase and sale or lease agreement with

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to the park owner within forty-five (45) days of notice of the offer, along with reasonable evidence,

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such as a signed petition, that the owners of at least fifty-one percent (51%) of the mobile homes

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in the mobile home park that are occupied by the mobile home owner or a family member of the

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mobile home owner support making an offer; and

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     (2) Obtaining any necessary financing or guarantees within an additional one hundred

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thirty-five (135) days.

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     (d) No park owner shall unreasonably refuse to enter into, or unreasonably delay the

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execution of a purchase and sale or lease agreement with a home owners’ association group of

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mobile home owners or a mobile home owners’ association that has made a bona fide offer to meet

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the same price and the same terms and conditions has substantially equivalent terms and conditions

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of an offer for which notice is required to be given pursuant to this section.

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     (e)(1) The deposit monies must be credited to the purchase price of the mobile home park.

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A park owner shall negotiate in good faith with a group of mobile home owners or a mobile home

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owners’ association concerning any purchase offer made after receiving the notice required by

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subsections (a) and (b) of this section. If the park owner rejects the proposed purchase offer made

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by a group of mobile home owners or a mobile home owners’ association, the park owner shall

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provide the reason for rejection in writing within three (3) days of the rejection.

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     (2) The deposit monies shall be credited to the purchase price of the mobile home park. A

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group of mobile home owners or a mobile home owners' association shall not be required to pay a

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nonrefundable deposit at the time of execution of a purchase and sale agreement as a condition of

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acceptance.

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     (f) The incorporated home owners’ association group of mobile home owners or the mobile

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home owners’ association will shall use diligent efforts to obtain a commitment for financing from

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a lender by making immediate application for financing upon signing of the purchase and sale

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agreement. In the event that the incorporated home owners’ association group of mobile home

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owners or the mobile home owners’ association, with the exercise of reasonable efforts, is unable

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to obtain necessary financing or comply with other contingencies of the purchase and sale

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agreement, the incorporated home owners’ association group of mobile home owners or the mobile

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home owners’ association shall immediately notify the park owner and the deposit shall be returned

 

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to the incorporated home owners’ association group of mobile home owners or the mobile home

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owners’ association. Notwithstanding the requirement that the offer from a group of mobile home

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owners or a mobile home owners' association be on substantially equivalent terms and conditions,

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a mobile home park owner shall not reject a proposed purchase and sale agreement solely on the

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basis of the inclusion of a financing contingency.

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     (g) If the incorporated home owners’ association group of mobile home owners or the

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mobile home owners’ association shall default in the performance of its obligations as a purchaser

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under the terms of the purchase and sale agreement, the park owner shall have, as sole and exclusive

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remedy for the default, the right to retain the deposit as liquidated damages in full settlement and

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discharge of all obligations of the incorporated home owners’ association group of mobile home

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owners or the mobile home owners’ association without further recourse in law or equity.

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     (h) Failure of the incorporated home owners’ association group of mobile home owners or

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the mobile home owners’ association to execute submit a proposed purchase and sale agreement or

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lease within the forty-five (45) day period or to obtain a binding commitment for financing within

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the one hundred thirty-five (135) day period following signing of a purchase and sale agreement

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shall serve to terminate the right of the association group of mobile home owners or the mobile

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home owners’ association to purchase or lease the mobile park home.

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     (i) Residents shall have a total of one hundred eighty (180) days from the receipt of notice

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of a bona fide sale to complete a transaction under the right of first refusal legislation. Any delays

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by the seller in supplying requested information as stated in this legislation or any delay resulting

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from litigation involving the sale and/or litigation affecting the marketability of the title of the

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mobile home park shall result in the same number of days over the due date being added to the one

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hundred eighty (180) days available to the residents for a right of first refusal purchase unless the

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litigation is frivolous and prompted for the sole purpose of delay by the home owners association.

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     (j) The time periods provided in this section may be extended by agreement of the

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association group of mobile home owners or the mobile home owners’ association and the park

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owner.

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     (k) Nothing in this section shall be construed to require an the park owner to provide

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financing to any association group of mobile home owners or mobile home owners’ association or

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to prohibit an a park owner from requiring an association a group of mobile home owners or mobile

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home owners’ association which is offering to lease a park to have within its possession a sum

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equivalent to the capitalized value of the proposed rent of the park and requiring that a portion of

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that sum, of an amount necessary to pay the rent on the park for a period of no greater than two (2)

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years, be kept in escrow for that purpose during the term of the lease.

 

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     (l) The right of first refusal and other rights created in this section shall inure to a home

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owners’ association group of mobile home owners or a mobile home owners’ association for the

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time periods provided in this section, beginning on the date of notice to the home owners’

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association each owner of a mobile home in the mobile home park and the executive office of

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housing. The effective period of the right of first refusal and other rights shall apply separately for

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to each substantially different bona fide offer to purchase or sell the park or to lease it for a purpose

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that would result in a discontinuance, and for each offer the same as an offer made more than three

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(3) months prior to the later offer. However, in the case of the same offer made by a prospective

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buyer who has previously made an offer for which notice to a home owners’ association each owner

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of a mobile home in the mobile home park and the executive office of housing was required by this

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section, the right of first refusal shall apply only if the subsequent offer is made more than six (6)

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months after the earlier offer. The right of first refusal shall not apply with respect to any offer

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received by the owner for which notice to a home owners’ association is not required pursuant to

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this section.

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     (m) No right of first refusal shall apply This section shall not apply to a government taking

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by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift,

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devise, or operation of law, or a sale to a person who would be included within the table of descent

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and distribution if there were to be a death intestate of a park owner.

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     (n) In any instance in which the incorporated home owners’ association of a mobile home

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park group of mobile home owners or the mobile home owners’ association is not the successful

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purchaser or lessee of the mobile home park, the seller or lessor of the park shall prove compliance

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with this section by filing an affidavit of compliance in the official land evidence records of the

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city or town where the property is located within seven (7) days of the sale or lease of the park.

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     (o) In any instance in which the incorporated homeowners’ association of a mobile home

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park group of mobile home owners or the mobile home owners’ association is the successful

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purchaser or lessee of the mobile home park, the association shall have the right to distinguish in

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terms of lease conditions and rent and fees as between members of said association and non-

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members of said association. The group of mobile home owners or the mobile home owners’

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association shall be governed by and open to all mobile home owners in the park. For purposes of

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this chapter, members of a homeowners’ association and non-members of a homeowners’

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association shall not be deemed residents of a similar class.

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     (p) A park owner shall not accept or conditionally accept an offer for the sale, lease, or

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transfer of the mobile home park unless its price, terms, and conditions are universal and applicable

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to all potential buyers, nor shall the park owner accept or conditionally accept an offer that contains

 

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any provision penalizing the park owner for entering into a purchase agreement with a group of

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mobile home owners or a mobile home owners’ association.

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     (q) A group of mobile home owners or a mobile home owners’ association that has rights

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under this section may, at its election, assign such rights to the municipality in which the group or

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association is located, a housing authority located in such municipality, an agency of the state, or a

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nonprofit organization, including a special purpose entity, for the purpose of continuing the use of

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the property as a mobile home park. Upon assignment, the assignee shall be entitled to exercise the

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rights that this section grants to the group of mobile home owners or the mobile home owners’

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association.

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     (r) As used in this section, the term “group of mobile home owners or a mobile home

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owners’ association” means and includes:

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     (1) A “resident organization” as defined in § 31-44-1;

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     (2) An “unincorporated entity” as defined in § 7-6-2; or

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     (3) A mobile home park organization consisting exclusively of resident mobile home

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owners organized as a profit, nonprofit entity or as an unincorporated association.

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     (s) A group of mobile home owners or a mobile home owners’ association as defined in

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subsection (r) of this section, in the case of an unincorporated association shall provide for an

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executive board to manage the affairs of the association. A certificate evidencing the names of the

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executive board members and mailing addresses for the association shall be recorded with the

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municipal land records department for the city or town in which the association is located, which

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shall be updated as often as necessary to reflect any changes in the composition of this executive

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board.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED

HOMES

***

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     This act would give mobile home residents a right of first refusal to buy or lease their park,

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requiring owners to notify the residents’ association and the executive office of housing of bona

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fide offers and allow time to match the terms.

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     This act would take effect upon passage.

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