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NOTIFICATION
OF MHP CLOSINGS and/or RIGHT OF FIRST REFUSAL
Wisconsin
has NO Law Protecting Your MHP Homes to Date (2007).
This is a national trend across the USA, and to date MHP
homeowners in most states have receive NO compensation for
their losses. Park owners are selling land for
redevelopment with no consideration of your losses. Take
this language to your local public officials for incorporation
into Local Ordinances ASAP! Then lobby your State
Legislator to address this ASAP.
SOURCES:
National Consumer Law Center / AARP/ NeighborWorks/
ROCUSA
1.
What constitutes an effective ordinance (Law)?
A.
Universal Notice (automatic for change of use)
1. Not
just resident association
2. Not
just when owner offers for sale
3. No
hurdles to overcome
B.
Delay period
C.
Right of first refusal
1. Alternative: Negotiate in good faith
D.
Duty to provide information (price, terms, conditions)
II.
Alternatives to Right of First Refusal
A.
Notice-only at least one year in advance, plus
notifcation to a
public agency of intent to sell; i.e., simultaneous
dual notice;
B.
Tax incentive;
C.
Resident compensation;
D.
Condition on zoning change, or
E.
Government Funding
III.
Exemptions to Notification
A.
Any mortgagee foreclosure on an MHP;
B.
Any sale/transfer to a family member of owner or to a
trust whose
beneficiaries are family members of owner;
C.
Sale or transfer by a partnership to one or more
partners;
D.
Conveyance of interest in an MHP incidental to
financing of MHP;
E.
Sale/transfer between joint tenants or tenants in
common;
F.
Sale pursuant to eminent domain.
IV.
Measureable enforcement and penalties for noncompliance
A.
Dual notification in timely manner, whether in midst of
an illegal
sale, before, or after it;
B.
Penalty of $10,000 or 10% of sale price, which is
greater,
for failure to do dual notification, unless exempted as
above.
V.
Other states (13) with MHP Closing Notice or Rt. of
First Refusal
(California, Florida, Connecticut, Main, Minnesota,
Nevada, New Jersey,
Oregon, Rhode Island, Washington [Rt of First Refusal
declared
unconstitutional)
A.
Massachusetts
1.
Notice and right of first refusal
2.
Notice to each tenant w/copies to public officials
3.
Notice required before any sale or lease that would
result
in change of
use
4.
Notice also required before any sale if residents have
given
owner notice.
B.
Vermont
1.
Notice and duty to negotiate in good faith
2.
Notice to each resident and to state official
3.
Notice required whenever owner intends to sell the MHP
4.
Also provides tax incentive
C.
New Hampshire
1.
Notice but no right of first refusal--instead, owner
has duty to
consider
residents' offer in good faith with them
2.
Universal notice--to each resident and before any sale
(exceptions for
foreclosure, sale to family members, etc.)
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