Maryland 2022 2022 Regular Session

Maryland House Bill HB71 Introduced / Bill

Filed 12/22/2021

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0071*  
  
HOUSE BILL 71 
N1   	2lr0499 
  	(PRE–FILED)   
By: Delegate Stewart 
Requested: September 17, 2021 
Introduced and read first time: January 12, 2022 
Assigned to: Environment and Transportation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Manufactured Home s – Conversion to Real Property and Sale of Manufactured 2 
Housing Communities  3 
(Manufactured Housing Modernization Act) 4 
 
FOR the purpose of authorizing an owner of a manufactured home who does not own the 5 
land on which the home is affixed to convert the home to real property; providing 6 
that the conversion to or severance from real property of a manufactured home does 7 
not affect rights and duties of the landowner; requiring the owner of a manufactured 8 
housing community to comply with certain requirements when selling the 9 
manufactured housing community, including providing homeowners the opportunity 10 
to purchase the manufactured housing community; and generally relating to 11 
manufactured homes and manufactured housing communities.  12 
 
BY repealing and reenacting, without amendments, 13 
 Article – Commercial Law 14 
Section 9–102(a)(54) 15 
 Annotated Code of Maryland 16 
 (2013 Replacement Volume and 2021 Supplement) 17 
 
BY repealing and reenacting, without amendments, 18 
 Article – Real Property 19 
Section 8B–101(a), (b), and (g) through (i), and 8B–203 20 
 Annotated Code of Maryland 21 
 (2015 Replacement Volume and 2021 Supplement) 22 
 
BY repealing and reenacting, with amendments, 23 
 Article – Real Property 24 
Section 8B–201 and 8B–202 25 
 Annotated Code of Maryland 26 
 (2015 Replacement Volume and 2021 Supplement) 27  2 	HOUSE BILL 71  
 
 
 
BY adding to 1 
 Article – Real Property 2 
Section 8B–204 and 8B–303; and 8B–401 through 8B–409 to be under the new 3 
subtitle “Subtitle 4. Sale of Manufactured Housing Communities” 4 
 Annotated Code of Maryland 5 
 (2015 Replacement Volume and 2021 Supplement) 6 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 
That the Laws of Maryland read as follows: 8 
 
Article – Commercial Law 9 
 
9–102. 10 
 
 (a) In this title: 11 
 
 (54) “Manufactured home” means a structure, transportable in one or more 12 
sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet 13 
or more in length, or, when erected on site, is 320 or more square feet, and which is built 14 
on a permanent chassis and designed to be used as a dwelling with or without a permanent 15 
foundation when connected to the required utilities, and includes the plumbing, heating, 16 
air–conditioning, and electrical systems contained therein. The term includes any structure 17 
that meets all of the requirements of this paragraph except the size requirements and with 18 
respect to which the manufacturer voluntarily files a certification required by the United 19 
States Secretary of Housing and Urban Development and complies with the standards 20 
established under Title 42 of the United States Code. 21 
 
Article – Real Property 22 
 
8B–101. 23 
 
 (a) In this title the following words have the meanings indicated. 24 
 
 (b) “Attached to a permanent foundation” means anchored to real property by 25 
attachment to a permanent foundation and connected to utilities, including water, gas, 26 
electricity, or sewer or septic service. 27 
 
 (g) “Manufactured home” has the meaning stated in § 9–102(a) of the Commercial 28 
Law Article. 29 
 
 (h) “Owner” means a person that has an ownership interest in a manufactured 30 
home. 31 
 
 (i) “Sever” means to separate a manufactured home that has been converted to 32 
real property from the parcel of real property to which it has been affixed. 33 
   	HOUSE BILL 71 	3 
 
 
8B–201. 1 
 
 (A) (1) IN THIS SECTION, “LAND CONTROLLED BY T HE HOMEOWNER ” 2 
MEANS LAND ON WHICH THE OWNER OF A MANUF ACTURED HOME HAS A LEGAL 3 
RIGHT TO LOCATE THE HOME. 4 
 
 (2) “LAND CONTROLLED BY TH E HOMEOWNER ” INCLUDES LAND: 5 
 
 (I) OWNED BY THE OWNER OF THE MANUFACTURED HOM E; 6 
 
 (II) OWNED BY A COOPERATIVE HOUSING CORPORATION OF 7 
WHICH THE OWNER OF T HE MANUFA CTURED HOME IS A MEM BER; OR 8 
 
 (III) ON WHICH THE MANUFACT URED HOME IS LOCATED WITH 9 
THE CONSENT OF THE R ECORD OWNER OF THE L AND, SUCH AS UNDER A RENTAL 10 
AGREEMENT .  11 
 
 (B) A manufactured home shall be converted to real property when all of the 12 
following events have occurred: 13 
 
 (1) The manufactured home is attached to a permanent foundation; 14 
 
 (2) [The ownership interests in the manufactured home and the parcel of 15 
real property to which the manufactured home is affixed are identical ] THE 16 
MANUFACTURED HOME IS LOCATED ON LAND CONTROLLED BY T HE HOMEOWNER ; 17 
and 18 
 
 (3) An affidavit of affixation complying with the requirements of § 8B–202 19 
of this subtitle has been recorded with the clerk of the court of the county in which the 20 
parcel of real property to which the manufactured home is affixed is located. 21 
 
8B–202. 22 
 
 (a) An affidavit of affixation shall contain or be accompanied by: 23 
 
 (1) A description of the manufactured home, including: 24 
 
 (i) The name of the manufacturer, make, model name, model year, 25 
dimensions, and manufacturer’s serial number; and 26 
 
 (ii) A statement whether the manufactured home is new or used; 27 
 
 (2) The street address and legal description of the parcel of real property 28 
to which the manufactured home is or will be affixed; AND 29 
  4 	HOUSE BILL 71  
 
 
 [(3) A statement that the ownership interests in the manufactured home 1 
and the parcel of real property to which the manufactured home is or will be affixed are 2 
identical or will be identical after filing the affidavit of affixation in the land records; and] 3 
 
 [(4)] (3) A statement that the manufactured home is or will be attached 4 
to the real property described at the time of the filing of the affidavit of affixation in the 5 
land records. 6 
 
 (b) (1) Except as provided in paragraph (2) of this subsection, an affidavit of 7 
affixation shall be accompanied by: 8 
 
 (i) An original certificate of title issued by the Motor Vehicle 9 
Administration for the manufactured home that: 10 
 
 1. Has the word “surrendered” clearly written on its face; and 11 
 
 2. If the certificate of title indicates that there is a lien on the 12 
manufactured home, is accompanied by a release from each party that is indicated to have 13 
a lien on the manufactured home; or 14 
 
 (ii) A manufacturer’s certificate of origin for the manufactured home 15 
that: 16 
 
 1. Has the word “surrendered” clearly written on its face; and 17 
 
 2. If the manufacturer’s certificate of origin indicates that 18 
there is a lien on the manufactured home, is accompanied by a release from each party that 19 
is indicated to have a lien on the manufactured home. 20 
 
 (2) If the owner is unable to locate an original certificate of title or a 21 
manufacturer’s certificate of origin, the affidavit of affixation shall be accompanied by a 22 
report prepared and acknowledged by an attorney licensed to practice in the State or a title 23 
insurance producer licensed to do business in the State that: 24 
 
 (i) Identifies the party preparing the report; 25 
 
 (ii) States that a search has been conducted of: 26 
 
 1. The land records of the county in which the parcel of real 27 
property to which the manufactured home is or will be affixed is located; and 28 
 
 2. The records maintained by the Motor Vehicle 29 
Administration; and 30 
 
 (iii) Identifies all liens on the manufactured home, including for each 31 
lien: 32 
   	HOUSE BILL 71 	5 
 
 
 1. The name of the lien holder; 1 
 
 2. The nature of the lien; 2 
 
 3. The date the lien was created; and 3 
 
 4. The amount of the lien. 4 
 
 (c) (1) If an affidavit of affixation is accompanied by an original certificate of 5 
title, the affidavit shall be accompanied by: 6 
 
 (i) A statement that it is the intent of the owner to surrender the 7 
certificate of title; and 8 
 
 (ii) A statement that: 9 
 
 1. There is no lien on the manufactured home; or 10 
 
 2. Any lien on the manufactured home has been satisfied and 11 
the appropriate releases are attached and made a part of the affidavit of affixation. 12 
 
 (2) If an affidavit of affixation is accompanied by a manufacturer’s 13 
certificate of origin, the affidavit shall be accompanied by: 14 
 
 (i) A statement that a certificate of title has not been issued for the 15 
manufactured home; 16 
 
 (ii) A statement that it is the intent of the owner to surrender the 17 
manufacturer’s certificate of origin; and 18 
 
 (iii) A statement that: 19 
 
 1. There is no lien on the manufactured home; or 20 
 
 2. Any lien on the manufactured home has been satisfied and 21 
the appropriate releases are attached and made a part of the affidavit of affixation. 22 
 
 (3) If an affidavit of affixation is accompanied by a statement from an 23 
attorney or title insurance producer, the affidavit also shall be accompanied by: 24 
 
 (i) A statement that the owner is unable to locate a certificate of title 25 
or a manufacturer’s certificate of origin for the manufactured home; and 26 
 
 (ii) A statement that identifies all liens on the manufactured home, 27 
including for each lien: 28 
 
 1. The name of the lien holder; 29  6 	HOUSE BILL 71  
 
 
 
 2. The nature of the lien; 1 
 
 3. The date the lien was created; and 2 
 
 4. The amount of the lien. 3 
 
 (d) An affidavit of affixation shall be signed under penalty of perjury and 4 
acknowledged. 5 
 
 (e) The clerk of the circuit court of the county in which the parcel of real property 6 
to which a manufactured home is or will be affixed is located: 7 
 
 (1) Shall accept an affidavit of affixation and any attachments for 8 
recordation and indexing; and 9 
 
 (2) May charge a reasonable fee for the recordation. 10 
 
 (f) The recordation of an affidavit of affixation does not represent a sale or 11 
transfer of real property for the purpose of the collection of any tax or fee charged by the 12 
State or any county or municipality. 13 
 
 (g) (1) Immediately after filing an affidavit of affixation with the clerk of the 14 
circuit court, the owner of the property to which a manufactured home has been affixed 15 
shall send a certified copy of the affidavit and any attachments to the Motor Vehicle 16 
Administration. 17 
 
 (2) On receipt of a certified copy of an affidavit of affixation and any 18 
attachments under paragraph (1) of this subsection, the Motor Vehicle Administration shall 19 
record the affidavit and attachments in the Administration’s records. 20 
 
8B–203. 21 
 
 The Motor Vehicle Administration shall make available records for manufactured 22 
homes to attorneys, title insurance producers, and other individuals authorized to conduct 23 
a title search.  24 
 
8B–204. 25 
 
 IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 26 
MANUFACTURED HOME DO ES NOT OWN , CONVERSION OF THE MA NUFACTURED 27 
HOME TO REAL PROPERT Y IN ACCORDANCE WITH THIS SUBTITLE DOES N OT AFFECT 28 
THE RIGHTS AND DUTIES OF THE RECORD OWNER OF THE LAND. 29 
 
8B–303. 30 
   	HOUSE BILL 71 	7 
 
 
 IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 1 
MANUFACTURED HOME DO ES NOT OWN, SEVERANCE OF THE MAN UFACTURED HOME 2 
FROM REAL PROPERTY I N ACCORDANCE WITH TH IS SUBTITLE DOES NOT AFFECT 3 
THE RIGHTS AND DUTIE S OF THE RECORD OWNE R OF THE LAND. 4 
 
SUBTITLE 4. SALE OF MANUFACTURED HOUSING COMMUNITIES . 5 
 
8B–401. 6 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7 
INDICATED. 8 
 
 (B) “COMMUNITY OWNER ” MEANS THE OWNER OF A MANUFACTURED 9 
HOUSING COMMUNITY . 10 
 
 (C) “HOMEOWNER ” MEANS THE OWNER OF A MANUF ACTURED HOME WHO 11 
LEASES OR RENTS A SI TE IN A MANUFACTURED HO USING COMMUNITY FOR 12 
RESIDENTIAL USE . 13 
 
 (D) “HOMEOWNERS ORGANIZATION ” MEANS AN ORGANIZATION , 14 
INCLUDING A COOPERATIVE HOUSING CORPORATION , THAT: 15 
 
 (1) REPRESENT S THE INTERESTS OF THE HOMEOWNERS IN A 16 
MANUFACTURED HOUSING COMMUNITY ; 17 
 
 (2) IS OPEN TO ALL HOMEOWNER S IN THE MANUFACTURE D HOUSING 18 
COMMUNITY ; AND 19 
 
 (3) IS CONTROLLED BY THE MEMBERS OF THE O RGANIZATIO N. 20 
 
 (E) “MANUFACTURED HO USING COMMUNITY ” MEANS ANY PROPERTY 21 
LEASED OR HELD OUT F OR LEASE TO TWO OR MORE OWNERS OF MANUF ACTURED 22 
HOMES FOR RESIDENTIA L USE.  23 
 
8B–402.  24 
 
 THIS SUBTITLE DO ES NOT APPLY TO A MANUFACTURED HO USING COMMUNITY 25 
IF: 26 
 
 (1) A MORTGAGEE , GRANTEE, OR OTHER SECURED PARTY HAS 27 
FORECLOSED ON THE MANUFACTURED HO USING COMMUNITY AND THE 28 
MORTGAGEE , GRANTEE, OR SECURED PARTY IS: 29 
  8 	HOUSE BILL 71  
 
 
 (I) SELLING THE MANUFACTURED HO USING COMMUNITY AT A 1 
FORECLOSURE SALE ; OR 2 
 
 (II) SELLING THE MANUFACTURED HO USING COMMUNITY 3 
AFTER BUYING THE MANUFACTURED HO USING COMMUNITY AT A FOREC LOSURE 4 
SALE; 5 
 
 (2) THE COMMUNITY OWNER I S SELLING THE MANUFACTURED 6 
HOUSING COMMUNITY TO : 7 
 
 (I) A FAMILY MEMBER OF THE COMMUNITY OWNER ; OR  8 
 
 (II) A TRUST, THE BENEFICIARIES OF WHICH ARE FAMILY 9 
MEMBERS OF THE COMMU NITY OWNER; 10 
 
 (3) THE COMMUNITY OWNER I S A PARTNERSHIP AND THE SALE OR 11 
TRANSFER IS TO ONE O R MORE OF THE PARTNE RS; 12 
 
 (4) THE CONVEYANCE OF AN INTEREST IN THE MANUFACTURED 13 
HOUSING COMMUNITY IS INCIDEN TAL TO THE FINANCING OF THE MANUFACTURED 14 
HOUSING COMMUNITY ;  15 
 
 (5) THE SALE OR TRANSFER OF THE MANUFACTURED HO USING 16 
COMMUNITY IS BETWEEN JOINT TENANTS OR TEN ANTS IN COMMON ; OR 17 
 
 (6) THE SALE OR TRANSFER OF THE MANUFACTURED HO USING 18 
COMMUNITY IS A RESULT OF THE EXER CISE OF THE POWER OF EMINENT DOMAIN . 19 
 
8B–403. 20 
 
 (A) BEFORE A COMMUNITY OW NER MAY ACCEPT AN OFFER FOR THE SAL E 21 
OR TRANSFER OF A MANUFACTURED HO USING COMMUNITY , THE COMMUNITY 22 
OWNER SHALL : 23 
 
 (1) PROVIDE NOTICE OF THE TERMS OF THE OFFER T O: 24 
 
 (I) EACH HOMEOWNER IN THE MANUFACTURED HO USING 25 
COMMUNITY ; AND 26 
 
 (II) THE CLERK OF THE COURT F OR THE COUNTY IN WHICH THE 27 
MANUFACTURED HO USING COMMUNITY IS LOCATED FOR INCLUSION IN THE LAND 28 
RECORDS OF THE COUNT Y; AND 29 
   	HOUSE BILL 71 	9 
 
 
 (2) PROVIDE THE HOMEOWNERS THE OPPORTUNITY TO PURCHASE 1 
THE MANUFACTURED HO USING COMMUNITY IN ACCORDANCE WITH § 8B–404 OF 2 
THIS SUBTITLE. 3 
 
 (B) THE NOTICE REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION 4 
SHALL BE SENT BY REG ISTERED OR CERTIFIED MAIL AND INCLUDE THE FOLLOWING 5 
INFORMATION : 6 
 
 (1) THE PRICE, TERMS, AND CONDITIONS THAT THE COMMUNITY 7 
OWNER INTENDS TO ACC EPT FOR THE SALE OR TRANSFER OF THE MANUFACTURED 8 
HOUSING COMMUNITY ;  9 
 
 (2) A COPY OF ANY PENDING PURCHASE OR SALES AG REEMENT 10 
SIGNED BY THE PARTIE S; AND 11 
 
 (3) A STATEMENT INDICATING THE DEADLINE BY WHICH A 12 
HOMEOWNERS ORGANIZATION OR OTHER AGENT OF TH E HOMEOWNERS IS 13 
REQUIRED TO: 14 
 
 (I) NOTIFY THE COMMUNITY OWNER OF ITS INTERES T IN 15 
PURCHASING THE MANUFACTURED HO USING COMMUNITY ; AND  16 
 
 (II) SUBMIT A PROPOSED SAL ES AGREEMENT . 17 
 
8B–404. 18 
 
 (A) ON NOTICE OF THE INTE NT TO SELL OR TRANSF ER A MANUFACTURED 19 
HOUSING COMMUNITY IN ACCORDA NCE WITH § 8B–403 OF THIS SUBTITLE , 20 
HOMEOWNERS , THROUGH EITHER A HOM EOWNERS ORGANIZATION OR AGENT, MAY 21 
OFFER TO PURCHASE THE MANUFACTURED HO USING COMMUNITY BY: 22 
 
 (1) NOTIFYING THE COMMUNI TY OWNER OF THE INTE NT TO 23 
PURCHASE THE MANUFACTURED HO USING COMMUNITY ; AND 24 
 
 (2) SUBMITTING TO THE COM MUNITY OWNER A PROPOSED 25 
AGREEMENT TO PURCHAS E THE MANUFACTURED HOUSING COMMUNITY THAT 26 
INCLUDES TERMS SUBST ANTIALLY SIMILAR TO THE TERMS INCLUDED IN THE SALES 27 
NOTICE PROVIDED UNDE R § 8B–403 OF THIS SUBTITLE. 28 
 
 (B) A HOMEOWNERS ORGANIZATION OR AGENT SHALL SUBMIT THE NOT ICE 29 
AND PROPOSED AGREEME NT REQUIRED UNDER SU BSECTION (A) OF THIS SECTION 30 
BY REGISTERED OR CER TIFIED MAIL WITHIN 90 DAYS AFTER THE DATE O N WHICH 31  10 	HOUSE BILL 71  
 
 
THE HOMEOWNERS ORGANIZATION OR AGENT RECEIVED THE SALES NOTICE FRO M 1 
THE COMMUNITY OWNER . 2 
 
 (C) A HOMEOWNERS ORGANIZATION OR AGENT SHALL HAVE AT LEAST 150 3 
DAYS AFTER THE DATE ON WHICH THE HOMEOWNERS ORGANIZATION OR AGENT 4 
RECEIVED THE SALES N OTICE FROM THE COMMU NITY OWNER TO : 5 
 
 (1) OBTAIN THE NECESSARY FINANCING OR GUARANT EES TO 6 
PURCHASE THE MANUFACTURED HO USING COMMUNITY ; AND 7 
 
 (2) CLOSE ON THE PURCHASE OF THE MANUFACTURED HOUSING 8 
COMMUNITY . 9 
 
8B–405. 10 
 
 (A) (1) WITHIN 10 DAYS AFTER THE DATE ON WHICH THE COMMUNI TY 11 
OWNER SUBMITS THE SALES NOTICE REQ UIRED UNDER § 8B–403 OF THIS SUBTITLE, 12 
THE COMMUNITY OWNER SHALL MAKE AVAILABLE TO THE HOMEOWNERS 13 
ORGANIZATION THE SAME INFORMATION THAT THE COMMUNITY OWNER PROVIDED 14 
OR WOULD HAVE PROVID ED TO OTHER PROSPECTIVE PURCHASE RS.  15 
 
 (2) IN ADDITION TO THE IN FORMATION MADE AVAIL ABLE UNDER 16 
PARAGRAPH (1) OF THIS SUBSECTION , A COMMUNITY OWNER SHAL L PROVIDE ANY 17 
ADDITIONAL INFORMATI ON REQUESTED BY A PROSPECTIVE LENDER OF THE 18 
HOMEOW NERS ORGANIZATION . 19 
 
 (B) THE DEADLINE BY WHICH THE HOMEOWNER S ORGANIZATION OR AGENT 20 
MUST SUBMIT AN OFFER OR NOTICE OF INTENT TO PURCHASE A MANUFACTURED 21 
HOUSING COMMUNITY UNDER § 8B–404 OF THIS SUBTITLE SHA LL BE EXTENDED BY : 22 
 
 (1) EACH DAY THAT THE COMMUNITY OWNER FAILS TO SUPPLY THE 23 
INFORMATION REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION; AND  24 
 
 (2) EACH DAY THAT ANY LITIGATION INVOL VING THE SALE OF THE 25 
MANUFACTURED HO USING COMMUNITY OR LITIGAT ION AFFECTING THE 26 
MARKETABILITY OF THE TITLE OF THE MANUFACTURED HO USING COMMUNITY IS 27 
PENDING. 28 
 
 (C) ANY AGREEMENT THAT PURPORTS TO LIMIT A HOMEOWNER ’S ABILITY 29 
TO ACQUIRE INFORMATI ON ABOUT THE LISTING OR OFFER FOR SALE OF A 30 
MANUFACTURED HOUSING COMMUNITY THAT WOULD OTHERWISE BE A VAILABLE TO 31 
NONRESIDENT INVESTOR S SHALL BE VOID AS A GAINST PUBLIC POLICY . 32 
   	HOUSE BILL 71 	11 
 
 
8B–406. 1 
 
 IF THE HOMEOWNERS ORGANIZATION MAKES AN OFFER TO PU RCHASE THE 2 
MANUFACTURED HO USING COMMUNITY IN ACCORDANCE WITH § 8B–405 OF THIS 3 
SUBTITLE, THE COMMUNITY OWNER SHALL: 4 
 
 (1) CONSIDER THE PURCHASE OFFER; AND  5 
 
 (2) IF APPLICABLE , NEGOTIATE WITH THE H	OMEOWNERS 6 
ORGANIZATION IN GOOD FAITH. 7 
 
8B–407. 8 
 
 THE REQUIREMENTS OF T HIS SUBTITLE SHALL A PPLY SEPARATELY TO E ACH 9 
SUBSTANTIALLY DIFFER ENT OFFER TO SELL OR TO PURCHASE A MANUFACTURED 10 
HOUSING COMMUNITY . 11 
 
8B–408.  12 
 
 (A) A COMMUNITY OWNER MAY RECORD IN THE LAND RECORDS OF THE 13 
COUNTY IN WHICH THE MANUFACTURED HOUSING COMMUNITY IS LOCATED AN 14 
AFFIDAVIT CERTIFYING THAT: 15 
 
 (1) THE COMMUNITY OWNER I S IN COMPLIANCE WITH THE 16 
REQUIREMENTS OF THIS SUBTITLE; OR 17 
 
 (2) THE SALE OR TRANSFER OF THE MANUFACTURED HO USING 18 
COMMUNITY IS EXEMPT FROM THE REQUIREMENT S OF THIS SUB TITLE UNDER §  19 
8B–402 OF THIS SUBTITLE . 20 
 
 (B) AN AFFIDAVIT FILED IN ACCORDANCE WITH THIS SECTION SHALL BE 21 
PRESUMPTIVE EVIDENCE OF COMPLIANCE FOR PU RPOSES OF GOOD TITLE IN THE 22 
HANDS OF A BONA FIDE PURCHASER . 23 
 
 (C) IF A HOMEOWNERS ORGANIZATION MAKES AN OFFER TO PU RCHASE A 24 
MANUFACTURED HO USING COMMUNITY IN ACCORDA NCE WITH THIS SUBTIT LE, THE 25 
HOMEOWNERS ORGANIZATION MAY RECORD NOTICE OF THE OFFER IN THE LAN D 26 
RECORDS OF THE COUNT Y IN WHICH THE MANUFACTURED HO USING COMMUNITY IS 27 
LOCATED. 28 
 
8B–409. 29 
  12 	HOUSE BILL 71  
 
 
 (A) IF A COMMUNITY OWNER FAILS TO COMPLY WITH THE REQUIREMENTS 1 
OF THIS SUBTITLE , THE COMMUNITY OWNER SHALL BE LIABLE TO T HE 2 
HOMEOWNERS ORGANIZATION IN THE AMOUNT OF $50,000 OR 50% OF THE GAIN 3 
REALIZED BY THE COMM UNITY OWNER AS A RES ULT OF THE SALE OF THE 4 
COMMUNITY, WHICHEVER IS GREATER . 5 
 
 (B) FAILURE TO COMPLY WIT H THE REQUIREMENTS O F THIS SUBTITLE IS 6 
AN UNFAIR OR DECEPTI VE TRADE PRACTICE WI THIN THE MEANING OF TITLE 13 OF 7 
THE COMMERCIAL LAW ARTICLE AND IS SUBJECT TO ALL OF TH E PROVISIONS OF 8 
THAT TITLE EXCEPT § 13–411 OF THE COMMERCIAL LAW ARTICLE. 9 
 
 (C) (1) A HOMEOWNERS ORGANIZATION OR HOMEOWNER MAY BRING A 10 
CIVIL ACTION TO ENFORCE THIS SUBTITLE. 11 
 
 (2) IF THE COURT FINDS IN FAVOR OF THE HOMEOWN	ERS 12 
ORGANIZATION OR HOMEOWNER , THE HOMEOWNERS ORGANIZATION OR 13 
HOMEOWNER MAY BE AWA RDED: 14 
 
 (I) INJUNCTIVE OR DECLARA TORY RELIEF; 15 
 
 (II) ACTUAL DAMAGES ; AND 16 
 
 (III) REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 17 
 
 (3) THE REMEDIES SET FORT H IN THIS SUBSECTION ARE NOT 18 
EXCLUSIVE.  19 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 
October 1, 2022. 21