HOUSE BILL NO. 5567

February 27, 2020, Introduced by Reps. Garza, Camilleri, Brenda Carter, Anthony, Hope, Cynthia Johnson, Kennedy, Love, Cambensy and Cherry and referred to the Committee on Commerce and Tourism.

"The mobile home commission act,"

(MCL 125.2301 to 125.2350) by adding section 30j.

the people of the state of michigan enact:

Sec. 30j. (1) A mobile home park owner shall notify, in accordance with subsection (2) or (3), the owners of all mobile homes in the park and the municipality in which the park is situated or, if none, the county in which the park is situated, of the owner's intent to change the use of the land comprising the park or to sell the park.

(2) If the homeowners within a mobile home park have not formed either a homeowners' association or a cooperative and the mobile home park owner intends to sell the park, the notification required under subsection (1) must be made only once for any particular contract to sell or trade and must be by written notice mailed to each mobile home owner at the address shown on the rental agreement with the mobile home park owner at least 10 days prior to the first scheduled closing for the sale or trade.

(3) If the homeowners within a mobile home park have formed either a homeowners' association or a cooperative, not less than 30 days and not more than 1 year prior to an owner of a mobile home park either entering into a written listing agreement with a licensed real estate broker for the sale of the mobile home park or making an offer to sell the park to any party, the owner of the park shall provide to the president, secretary, and treasurer of the homeowners' association or cooperative written notice of the owner's intention to sell the park. The notice must be sent by first-class mail or by personal delivery.

(4) An owner of a mobile home park is not required to satisfy subsection (3) unless all of the following conditions are met:

(a) The homeowners' association or cooperative has first furnished the park owner or management with written notice of the name and address of the president, secretary, and treasurer of the association or cooperative to whom the notice of intent to sell must be given.

(b) The homeowners' association or cooperative has first notified the park owner or management in writing that the home owners are interested in purchasing the park. The initial notice by the homeowners' association or cooperative must be made prior to the written listing or the extension of an offer to sell the park by the park owner, and the homeowners' association or cooperative shall give subsequent notice at least once each year after the initial notice that the homeowners are interested in purchasing the park.

(c) The homeowners' association or cooperative has furnished the park owner or management a written notice, within 5 days, of any change in the name or address of officers of the association or cooperative to whom the notice of sale is to be given.

(5) During the notice period required by subsection (3), the owner or management of the mobile home park may consider any offer to purchase the park that has been made by the homeowners' association or cooperative described in that subsection, as long as the association or cooperative is open to all homeowners. The owner of the park may consider any reasonable offer made by an association or cooperative representing the homeowners and negotiate in good faith with them. If an agreement to purchase the park is reached during the notice period specified in subsection (3), the association or cooperative has a reasonable time beyond the expiration of such period, if necessary, to obtain financing for the purchase. A homeowners' association or cooperative may assign any rights the homeowners possess under this section to the municipality or county, as applicable, in which the park is located, a local housing authority, or a local nonprofit entity specializing in the provision or preservation of affordable housing.

(6) As used in this section, "licensed real estate broker" means a real estate broker licensed under article 25 of the occupational code, 1980 PA 299, MCL 339.2501 to 339.2518.