Minnesota Legislature
SF 615
as introduced - 91st Legislature (2019 - 2020) Posted on 01/31/2019 02:11pm
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A bill for an act
relating to housing; modifying the procedures for closing or modifying the use of
manufactured home parks; amending Minnesota Statutes 2018, section 327C.095,
subdivisions 6, 7, 9, 11; repealing Minnesota Statutes 2018, section 327C.095,
subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 327C.095, subdivision 6, is amended to read:
Subd. 6.
Intent to convert use of park at time of purchase.
Before the execution of
an agreement to purchase a manufactured home park, the purchaser must notify the park
owner, in writing, if the purchaser intends to close the manufactured home park or convert
it to another use within one year of the execution of the agreement.new text begin If so,new text end the park owner
shallnew text begin immediatelynew text end provide a resident of each manufactured home with a deleted text begin 45-daydeleted text end new text begin 60-daynew text end
written notice of the purchaser's intent to close the park or convert it to another usenew text begin and may
not enter into a purchase agreement for the sale of the park other than with a representative
acting on behalf of residents, until the 60 days have expirednew text end . The notice must state that the
park owner willnew text begin promptlynew text end provide information on the cash price and the terms and conditions
of the purchaser's offer to residents requesting the information. The notice must be sent by
first class mail to a resident of each manufactured home in the park. The notice period begins
on the postmark date affixed to the notice and ends deleted text begin 45deleted text end new text begin 60new text end days after it begins. During the
notice period required in this subdivision, deleted text begin the owners of at least 51 percent of the
manufactured homes in the park or a nonprofit organization which has the written permission
of the owners of at least 51 percent of the manufactured homes in the park to represent them
in the acquisition of the parkdeleted text end new text begin a representative acting on behalf of residentsnew text end shall have the
right tonew text begin make an offer tonew text end meet the cash price and deleted text begin execute an agreement to purchase the park
for the purposes of keeping the park as a manufactured housing communitydeleted text end new text begin terms and
conditions set forth in the purchaser's offernew text end . The park owner must deleted text begin accept the offer if it meetsdeleted text end new text begin
in good faith negotiate a purchase agreement meetingnew text end the cash price and the same terms
and conditions set forth in the purchaser's offer except that the seller is not obligated to
provide owner financing. For purposes of this section, cash price means the cash price offer
or equivalent cash offer as defined in section 500.245, subdivision 1, paragraph (d).new text begin The
purchase agreement must permit the representative a commercially reasonable due diligence
period with access by the representative to all information reasonably necessary to make
an informed decision regarding the purchase. The representative may be required to enter
into a confidentiality agreement regarding such information.
new text end
Sec. 2.
Minnesota Statutes 2018, section 327C.095, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Intent to convertdeleted text end new text begin Conversion ofnew text end use of park after purchase.
If the purchaser
of a manufactured home park deleted text begin decides to convert the park to another use within one year
after the purchase of the park, the purchaser must offer the park for purchase by the residents
of the parkdeleted text end new text begin has not provided the written notice of intent to close the park required by
subdivision 6, the purchaser may not provide residents with the notice required by subdivision
1 until 12 months after the date of purchasenew text end . For purposes of this subdivision, the date of
purchase is the date of the transfer of the title to the purchaser. deleted text begin The purchaser must provide
a resident of each manufactured home with a written notice of the intent to close the park
and all of the owners of at least 51 percent of the manufactured homes in the park or a
nonprofit organization which has the written permission of the owners of at least 51 percent
of the manufactured homes in the park to represent them in the acquisition of the park shall
have 45 days to execute an agreement for the purchase of the park at a cash price equal to
the original purchase price paid by the purchaser plus any documented expenses relating to
the acquisition and improvement of the park property, together with any increase in value
due to appreciation of the park. The purchaser must execute the purchase agreement at the
price specified in this subdivision and pay the cash price within 90 days of the date of the
purchase agreement. The notice must be sent by first class mail to a resident of each
manufactured home in the park. The notice period begins on the postmark date affixed to
the notice and ends 45 days after it begins.
deleted text end
Sec. 3.
Minnesota Statutes 2018, section 327C.095, subdivision 9, is amended to read:
Subd. 9.
Effect of noncompliance.
If a manufactured home park is finally sold or
converted to another use in violation of subdivision 6 or 7, the residents deleted text begin do not have any
continuing right to purchase the park as a result of that sale or conversion. A violation of
subdivision 6 or 7 is subject todeleted text end new text begin have a right to any remedy provided innew text end section 8.31, except
that relief shall be limited so that questions of marketability of title shall not be affected.
Sec. 4.
Minnesota Statutes 2018, section 327C.095, subdivision 11, is amended to read:
Subd. 11.
Affidavit of compliance.
After a park is sold, a deleted text begin park owner or other person
with personal knowledgedeleted text end new text begin bona fide purchaser acting in good faithnew text end may record an affidavit
with the county recorder or registrar of titles in the county in which the park is located
certifying compliance with subdivision 6 deleted text begin or 7deleted text end or that deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 6 deleted text begin and 7 aredeleted text end new text begin
isnew text end not applicable. The affidavit may be used as deleted text begin proof of the facts stated in the affidavit. A
person acquiring an interest in a park or a title insurer or attorney who prepares, furnishes,
or examines evidence of title may rely on the truth and accuracy of statements made in the
affidavit and is not required to inquire further as to the park owner's compliance with
subdivisions 6 and 7. When an affidavit is recorded, the right to purchase provided under
subdivisions 6 and 7 terminate, and if registered property, the registrar of titles shall delete
the memorials of the notice and affidavit from future certificates of titledeleted text end new text begin presumptive evidence
of compliancenew text end .
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 327C.095, subdivision 8,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 19-1472
327C.095 PARK CLOSINGS.
Subd. 8.
Required filing of notice.
Subdivisions 6 and 7 apply to manufactured home parks upon which notice has been recorded with the county recorder or registrar of titles in the county where the manufactured home park is located. Any person may file the notice required under this subdivision with the county recorder or registrar of titles. The notice must be in the following form:
"MANUFACTURED HOME PARK NOTICE
THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK
.......................................
PARK OWNER
.......................................
.......................................
.......................................
LEGAL DESCRIPTION OF PARK
.......................................
COOPERATIVE ASSOCIATION (IF APPLICABLE)"