08 LC 34
1645
House
Bill 1258
By:
Representative Fludd of the
66th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to manufactured or mobile homes, so as to prohibit
an owner of a manufactured home park from selling the park or closing the park
without notice to the residents; to provide the residents in good faith an
opportunity to purchase the park; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to manufactured or mobile homes, is amended by creating a
new Subpart 5 to read as follows:
"Subpart
5
8-2-192.
As
used in this subpart, the term:
(1)
'Family member' includes the manufactured home park owner´s spouse, son,
daughter, mother, father, brother, sister, grandson, granddaughter,
stepchildren, stepgrandchildren, or first cousins.
(2)
'Final unconditional acceptance of any offer' means a fully executed agreement
for the sale of a manufactured home park that is not conditioned on providing
the notice to residents required by Code Section 8-2-193.
(3)
'Manufactured home' means manufactured homes as defined by paragraph (4) of Code
Section 8-2-160 and also includes any prefabricated dwelling unit
which:
(A)
Is designed for long-term and continuous residential occupancy;
(B)
Is designed to be moved on wheels, as a whole or in sections; and
(C)
On arrival on the site, is complete and ready for occupancy, except for
incidental unpacking, assembly, connection with utilities, and placing on
support or permanent structure.
Nothing
in this paragraph shall be construed to include campers or recreational vehicles
within the definition of 'manufactured home.'
(4)
'Manufactured home park' or 'park' means any parcel of land under single or
common ownership or control which contains, or is designed, laid out, or adapted
to accommodate, two or more manufactured homes. Nothing in this paragraph shall
be construed to apply to premises used solely for storage or display of
manufactured homes.
(5)
'Manufactured home park owner' means the person holding title to the
manufactured home park to be sold.
(6)
'Person' means an individual, corporation, partnership, association, or other
legal entity, but shall not include a trust of the state or any political
subdivision thereof.
(7)
'Resident' means any person who owns or occupies a manufactured home and pays
rent or other consideration to place said manufactured home in a manufactured
home park.
8-2-193.
(a)
No manufactured home park owner shall make a final unconditional acceptance of
any offer for the sale or transfer of a manufactured home park, nor shall the
owner implement a change in usage of the land as a manufactured home park,
without first giving 120 days´ notice:
(1)
To each resident:
(A)
That the owner intends to sell the manufactured home park or change the usage of
the land from a manufactured home park; and
(B)
Of the price, terms, and conditions of an acceptable offer the park owner has
received to sell the park or the price, terms, and conditions for which the park
owner intends to sell the park; this notice shall include a copy of the signed
written offer which sets forth a description of the property to be purchased and
the price, terms, and conditions of the acceptable offer; and
(2)
To the Department of Community Affairs that the owner intends to sell the
manufactured home park or change the usage of the land from a manufactured home
park.
(b)
During the notice period required under subsection (a) of this Code section, the
manufactured home park owner shall consider any offer received from the
residents or a residents´ association, if any, and the owner shall
negotiate in good faith with the residents concerning a potential purchase. If
during the notice period the residents decide to make an offer to purchase the
manufactured home park, such offer shall be evidenced by a purchase and sale
agreement; however, the residents shall have a reasonable time beyond the 120
day period, if necessary, to obtain financing for the purchase.
(c)
A manufactured home park owner who sells or transfers a park and willfully fails
to comply with this subpart shall be liable to the residents in the amount of
$10,000.00 or 10 percent of the total sales price, whichever is greater. The
total of damages to all residents, in the aggregate, shall not exceed $10,000.00
or 10 percent of the total sales price, whichever is greater. Any violation of
the provisions of this subpart shall constitute an unfair trade practice within
the meaning of Article 15 of Title 10 and shall be enforced as provided in that
article. This civil penalty shall constitute the sole and exclusive remedy for
violation of this subpart; and the failure by a park owner to comply with this
subpart shall not affect the validity of any sale or transfer of title, nor
shall such noncompliance constitute grounds to set aside a sale or transfer in
any court proceedings.
(d)
Notwithstanding the provisions of subsection (a) of this Code section, a
manufactured home park owner shall not be required to give notice to the
residents and the Department of Community Affairs if:
(1)
A bank, mortgage company, or any other mortgagee has foreclosed on the park and
said mortgagee:
(A)
Is selling the park at a foreclosure sale; or
(B)
Is selling the park after having purchased the park at a foreclosure
sale;
(2)
The sale or transfer is to a family member of the owner or to a trust, the
beneficiaries of which are family members of the owner;
(3)
The sale or transfer is by a partnership to one or more of its
partners;
(4)
The conveyance of an interest in the park is incidental to the financing of such
park;
(5)
The sale or transfer is between joint tenants or tenants in common;
or
(6)
The sale is pursuant to eminent domain."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.