Current with changes from the 2024 Legislative Session
Section 8A-1804 - Offer by homeowner's organization to purchas a manufactured housing community(a) On notice of the intent to sell a manufactured housing community in accordance with § 8A-1803 of this subtitle, a homeowners organization may offer to purchase the manufactured housing community by:(1) Providing documentation to the community owner indicating that at least 75% of the members of the homeowners organization who reside in the manufactured housing community, with one vote per home, have voted to purchase the community;(2) Notifying the community owner of the intent to purchase the manufactured housing community; and(3) Submitting to the community owner a proposed agreement to purchase the manufactured housing community that includes terms substantially similar to the terms included in the sales notice provided under § 8A-1803 of this subtitle.(b) The homeowners organization shall send the notice of intent to purchase the manufactured housing community and the proposed agreement required under subsection (a) of this section to the community owner by registered or certified mail.(c)(1) If the homeowners organization submits a proposed agreement to purchase the manufactured housing community in accordance with subsection (a) of this section within the 60-day period identified in § 8A-1803 of this subtitle, the community owner shall consider the offer in good faith, which shall include a duty not to act to scuttle the proposed agreement, not to arbitrarily or capriciously refuse to proceed with negotiations, and not to engage in misconduct or dishonesty in the negotiations.(2) After the expiration of the 60 days identified in § 8A-1803 of this subtitle, a community owner may not be required to consider additional offers from the homeowners organization.(d) If the manufactured housing community owner and the homeowners organization enter into an agreement for the sale of the manufactured housing community, unless the parties agree to an alternative period of time, the homeowners organization shall have not more than 105 days after the date of the agreement to obtain financing and close on the purchase.(e) If the homeowners organization does not obtain financing for the purchase or the parties fail to close on the purchase within the time period prescribed in subsection (d) of this section, the community owner has complied with the community owner's obligations under this section.(f) A homeowners organization may assign its rights under this subtitle to a local government, housing authority, nonprofit with expertise relating to housing, or the State or an agency of the State, for the purpose of continuing the use of the property as a manufactured housing community that will provide affordable housing.(g) The Department of Housing and Community Development shall maintain on its website a list of organizations and county housing agencies available to assist homeowners with financing for the purchase of a manufactured housing community.Added by 2023 Md. Laws, Ch. 176, Sec. 2, eff. 10/1/2023.