Maryland 2022 Regular Session

Maryland House Bill HB71 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0071
9	6
10	7		HOUSE BILL 71
11	8		N1 2lr0499
12	9		(PRE–FILED)
13	10		By: Delegate Stewart
14	11		Requested: September 17, 2021
15	12		Introduced and read first time: January 12, 2022
16	13		Assigned to: Environment and Transportation
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 3, 2022
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Manufactured Home s – Conversion to Real Property and Sale of Manufactured 2
26	20		Housing Communities 3
27	21		(Manufactured Housing Modernization Act) 4
28	22
29	23		FOR the purpose of authorizing an owner of a manufactured home who does not own the 5
30	24		land on which the home is affixed to convert the home to real property; providing 6
31	25		that the conversion to or severance from real property of a manufactured home does 7
32	26		not affect rights and duties of the landowner; requiring the owner of a manufactured 8
33	27		housing community to comply with certain requirements when selling the 9
34	28		manufactured housing community, including providing homeowners the opportunity 10
35	29		to purchase the manufactured housing community; and generally relating to 11
36	30		manufactured homes and manufactured housing communities. 12
37	31
38	32		BY repealing and reenacting, without amendments, 13
39	33		Article – Commercial Law 14
40	34		Section 9–102(a)(54) 15
41	35		Annotated Code of Maryland 16
42	36		(2013 Replacement Volume and 2021 Supplement) 17
43	37
44	38		BY repealing and reenacting, without amendments, 18
45	39		Article – Real Property 19
46	40		Section 8B–101(a), (b), and (g) through (i), and 8B–203 20
47	41		Annotated Code of Maryland 21
48		-	(2015 Replacement Volume and 2021 Supplement) 22 2 HOUSE BILL 71
	42	+	(2015 Replacement Volume and 2021 Supplement) 22
	43	+
	44	+	BY repealing and reenacting, with amendments, 23
	45	+	Article – Real Property 24
	46	+	Section 8B–201 and 8B–202 25
	47	+	Annotated Code of Maryland 26
	48	+	(2015 Replacement Volume and 2021 Supplement) 27 2 HOUSE BILL 71
49	49
50	50
51	51
52		-	BY ~~repealing and reenacting, with amendments,~~ 1
	52	+	BY adding to 1
53	53		Article – Real Property 2
54		-	Section 8B–201 and 8B–202 3
55		-	Annotated Code of Maryland 4
56		-	(2015 Replacement Volume and 2021 Supplement) 5
	54	+	Section 8B–204 and 8B–303; and 8B–401 through 8B–409 to be under the new 3
	55	+	subtitle “Subtitle 4. Sale of Manufactured Housing Communities” 4
	56	+	Annotated Code of Maryland 5
	57	+	(2015 Replacement Volume and 2021 Supplement) 6
57	58
58		-	BY adding to 6
59		-	Article – Real Property 7
60		-	Section 8B–204 and 8B–303; and 8B–401 through 8B–409 8B–405 to be under the 8
61		-	new subtitle “Subtitle 4. Sale of Manufactured Housing Communities” 9
62		-	Annotated Code of Maryland 10
63		-	(2015 Replacement Volume and 2021 Supplement) 11
	59	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
	60	+	That the Laws of Maryland read as follows: 8
64	61
65		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66		-	That the Laws of Maryland read as follows: 13
	62	+	Article – Commercial Law 9
67	63
68		-	~~Article – Commercial Law 14~~
	64	+	9–102. 10
69	65
70		-	~~9–102. 15~~
	66	+	(a) In this title: 11
71	67
72		-	(a) In this title: 16
	68	+	(54) “Manufactured home” means a structure, transportable in one or more 12
	69	+	sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet 13
	70	+	or more in length, or, when erected on site, is 320 or more square feet, and which is built 14
	71	+	on a permanent chassis and designed to be used as a dwelling with or without a permanent 15
	72	+	foundation when connected to the required utilities, and includes the plumbing, heating, 16
	73	+	air–conditioning, and electrical systems contained therein. The term includes any structure 17
	74	+	that meets all of the requirements of this paragraph except the size requirements and with 18
	75	+	respect to which the manufacturer voluntarily files a certification required by the United 19
	76	+	States Secretary of Housing and Urban Development and complies with the standards 20
	77	+	established under Title 42 of the United States Code. 21
73	78
74		-	(54) “Manufactured home” means a structure, transportable in one or more 17
75		-	sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet 18
76		-	or more in length, or, when erected on site, is 320 or more square feet, and which is built 19
77		-	on a permanent chassis and designed to be used as a dwelling with or without a permanent 20
78		-	foundation when connected to the required utilities, and includes the plumbing, heating, 21
79		-	air–conditioning, and electrical systems contained therein. The term includes any structure 22
80		-	that meets all of the requirements of this paragraph except the size requirements and with 23
81		-	respect to which the manufacturer voluntarily files a certification required by the United 24
82		-	States Secretary of Housing and Urban Development and complies with the standards 25
83		-	established under Title 42 of the United States Code. 26
	79	+	Article – Real Property 22
84	80
85		-	~~Article – Real Property 27~~
	81	+	8B–101. 23
86	82
87		-	~~8B–101~~. 28
	83	+	(a) In this title the following words have the meanings indicated. 24
88	84
89		-	(a) In this title the following words have the meanings indicated. 29
	85	+	(b) “Attached to a permanent foundation” means anchored to real property by 25
	86	+	attachment to a permanent foundation and connected to utilities, including water, gas, 26
	87	+	electricity, or sewer or septic service. 27
90	88
91		-	(b) “Attached to a permanent foundation” means anchored to real property by 30
92		-	attachment to a permanent foundation and connected to utilities, including water, gas, 31
93		-	electricity, or sewer or septic service. 32
	89	+	(g) “Manufactured home” has the meaning stated in § 9–102(a) of the Commercial 28
	90	+	Law Article. 29
94	91
95		-	(g) “Manufactured home” has the meaning stated in § 9–102(a) of the Commercial 33
96		-	Law Article. 34
	92	+	(h) “Owner” means a person that has an ownership interest in a manufactured 30
	93	+	home. 31
	94	+
	95	+	(i) “Sever” means to separate a manufactured home that has been converted to 32
	96	+	real property from the parcel of real property to which it has been affixed. 33
97	97		HOUSE BILL 71 3
98	98
99	99
100		-	(h) “Owner” means a person that has an ownership interest in a manufactured 1
101		-	home. 2
	100	+	8B–201. 1
102	101
103		-	(i) “Sever” means to separate a manufactured home that has been converted to 3
104		-	real property from the parcel of real property to which it has been affixed. 4
	102	+	(A) (1) IN THIS SECTION, “LAND CONTROLLED BY T HE HOMEOWNER ” 2
	103	+	MEANS LAND ON WHICH THE OWNER OF A MANUF ACTURED HOME HAS A LEGAL 3
	104	+	RIGHT TO LOCATE THE HOME. 4
105	105
106		-	~~8B–201.~~ 5
	106	+	(2) “LAND CONTROLLED BY TH E HOMEOWNER ” INCLUDES LAND: 5
107	107
108		-	(A) (1) IN THIS SECTION , “LAND CONTROLLED BY T HE HOMEOWNER ” 6
109		-	MEANS LAND ON WHICH THE OWNER OF A MANUF ACTURED HOME HAS A L EGAL 7
110		-	RIGHT TO LOCATE THE HOME. 8
	108	+	(I) OWNED BY THE OWNER OF THE MANUFACTURED HOM E; 6
111	109
112		-	(2) “LAND CONTROLLED BY TH E HOMEOWNER ” INCLUDES LAND : 9
	110	+	(II) OWNED BY A COOPERATIVE HOUSING CORPORATION OF 7
	111	+	WHICH THE OWNER OF T HE MANUFA CTURED HOME IS A MEM BER; OR 8
113	112
114		-	(I) OWNED BY THE OWNER OF THE MANUFACTURED HOM E; 10
	113	+	(III) ON WHICH THE MANUFACT URED HOME IS LOCATED WITH 9
	114	+	THE CONSENT OF THE R ECORD OWNER OF THE L AND, SUCH AS UNDER A RENTAL 10
	115	+	AGREEMENT . 11
115	116
116		-	(II) ~~OWNED BY~~ A ~~COOPERATIV E HOUSING CORPORATIO N~~ OF 11
117		-	~~WHICH THE OWNER OF T HE MANUFACTURED HOME IS A MEMBER; OR 12~~
	117	+	(B) A manufactured home shall be converted to real property when all of the 12
	118	+	following events have occurred: 13
118	119
119		-	(III) ON WHICH THE MANUFACTURED HOME IS LOCATED WITH 13
120		-	THE CONSENT OF THE R ECORD OWNER OF THE L AND, SUCH AS UNDER A RENT AL 14
121		-	AGREEMENT . 15
	120	+	(1) The manufactured home is attached to a permanent foundation; 14
122	121
123		-	(B) A manufactured home shall be converted to real property when all of the 16
124		-	following events have occurred: 17
	122	+	(2) [The ownership interests in the manufactured home and the parcel of 15
	123	+	real property to which the manufactured home is affixed are identical ] THE 16
	124	+	MANUFACTURED HOME IS LOCATED ON LAND CONTROLLED BY T HE HOMEOWNER ; 17
	125	+	and 18
125	126
126		-	(1) The manufactured home is attached to a permanent foundation; 18
	127	+	(3) An affidavit of affixation complying with the requirements of § 8B–202 19
	128	+	of this subtitle has been recorded with the clerk of the court of the county in which the 20
	129	+	parcel of real property to which the manufactured home is affixed is located. 21
127	130
128		-	(2) [The ownership interests in the manufactured home and the parcel of 19
129		-	real property to which the manufactured home is affixed are identical ] THE 20
130		-	MANUFACTURED HOME IS LOCATED ON LAND CONT ROLLED BY THE HOMEOW NER; 21
131		-	and 22
	131	+	8B–202. 22
132	132
133		-	(3) An affidavit of affixation complying with the requirements of § 8B–202 23
134		-	of this subtitle has been recorded with the clerk of the court of the county in which the 24
135		-	parcel of real property to which the manufactured home is affixed is located. 25
	133	+	(a) An affidavit of affixation shall contain or be accompanied by: 23
136	134
137		-	~~8B–202. 26~~
	135	+	(1) A description of the manufactured home, including: 24
138	136
139		-	(a) An affidavit of affixation shall contain or be accompanied by: 27
	137	+	(i) The name of the manufacturer, make, model name, model year, 25
	138	+	dimensions, and manufacturer’s serial number; and 26
140	139
141		-	(1) A ~~description of~~ the manufactured home~~, including:~~ 28
	140	+	(ii) A statement whether the manufactured home is new or used; 27
142	141
143		-	(i) The ~~name~~ of the ~~manufacturer, make,~~ ~~model name,~~ ~~model year, 29~~
144		-	~~dimensions, and manufacturer’s serial number~~; and 30
	142	+	(2) The street address and legal description of the parcel of real property 28
	143	+	to which the manufactured home is or will be affixed; AND 29
145	144		4 HOUSE BILL 71
146	145
147	146
148		-	(ii) A statement whether the manufactured home is new or used; 1
	147	+	[(3) A statement that the ownership interests in the manufactured home 1
	148	+	and the parcel of real property to which the manufactured home is or will be affixed are 2
	149	+	identical or will be identical after filing the affidavit of affixation in the land records; and] 3
149	150
150		-	(2) The street address and legal description of the parcel of real property 2
151		-	to which the manufactured home is or will be affixed; AND 3
	151	+	[(4)] (3) A statement that the manufactured home is or will be attached 4
	152	+	to the real property described at the time of the filing of the affidavit of affixation in the 5
	153	+	land records. 6
152	154
153		-	[(3) A statement that the ownership interests in the manufactured home 4
154		-	and the parcel of real property to which the manufactured home is or will be affixed are 5
155		-	identical or will be identical after filing the affidavit of affixation in the land records; and] 6
	155	+	(b) (1) Except as provided in paragraph (2) of this subsection, an affidavit of 7
	156	+	affixation shall be accompanied by: 8
156	157
157		-	[(4)] (3) A statement that the manufactured home is or will be attached 7
158		-	to the real property described at the time of the filing of the affidavit of affixation in the 8
159		-	land records. 9
	158	+	(i) An original certificate of title issued by the Motor Vehicle 9
	159	+	Administration for the manufactured home that: 10
160	160
161		-	(b) (1) Except as provided in paragraph (2) of this subsection, an affidavit of 10
162		-	affixation shall be accompanied by: 11
	161	+	1. Has the word “surrendered” clearly written on its face; and 11
163	162
164		-	(i) An original certificate of title issued by the Motor Vehicle 12
165		-	Administration for the manufactured home that: 13
	163	+	2. If the certificate of title indicates that there is a lien on the 12
	164	+	manufactured home, is accompanied by a release from each party that is indicated to have 13
	165	+	a lien on the manufactured home; or 14
166	166
167		-	1. Has the word “surrendered” clearly written on its face; and 14
	167	+	(ii) A manufacturer’s certificate of origin for the manufactured home 15
	168	+	that: 16
168	169
169		-	2. If the certificate of title indicates that there is a lien on the 15
170		-	manufactured home, is accompanied by a release from each party that is indicated to have 16
171		-	a lien on the manufactured home; or 17
	170	+	1. Has the word “surrendered” clearly written on its face; and 17
172	171
173		-	(ii) A manufacturer’s certificate of origin for the manufactured home 18
174		-	that: 19
	172	+	2. If the manufacturer’s certificate of origin indicates that 18
	173	+	there is a lien on the manufactured home, is accompanied by a release from each party that 19
	174	+	is indicated to have a lien on the manufactured home. 20
175	175
176		-	1. Has the word “surrendered” clearly written on its face; and 20
	176	+	(2) If the owner is unable to locate an original certificate of title or a 21
	177	+	manufacturer’s certificate of origin, the affidavit of affixation shall be accompanied by a 22
	178	+	report prepared and acknowledged by an attorney licensed to practice in the State or a title 23
	179	+	insurance producer licensed to do business in the State that: 24
177	180
178		-	2. If the manufacturer’s certificate of origin indicates that 21
179		-	there is a lien on the manufactured home, is accompanied by a release from each party that 22
180		-	is indicated to have a lien on the manufactured home. 23
	181	+	(i) Identifies the party preparing the report; 25
181	182
182		-	(2) If the owner is unable to locate an original certificate of title or a 24
183		-	manufacturer’s certificate of origin, the affidavit of affixation shall be accompanied by a 25
184		-	report prepared and acknowledged by an attorney licensed to practice in the State or a title 26
185		-	insurance producer licensed to do business in the State that: 27
	183	+	(ii) States that a search has been conducted of: 26
186	184
187		-	(i) Identifies the party preparing the report; 28
	185	+	1. The land records of the county in which the parcel of real 27
	186	+	property to which the manufactured home is or will be affixed is located; and 28
188	187
189		-	(ii) States that a search has been conducted of: 29
	188	+	2. The records maintained by the Motor Vehicle 29
	189	+	Administration; and 30
190	190
191		-	1. The ~~land records of the county in which the parcel of real 30~~
192		-	~~property to which the manufactured home is or will be affixed is located; and 31~~
	191	+	(iii) Identifies all liens on the manufactured home, including for each 31
	192	+	lien: 32
193	193		HOUSE BILL 71 5
194	194
195	195
196		-	2. The records maintained by the Motor Vehicle 1
197		-	Administration; and 2
	196	+	1. The name of the lien holder; 1
198	197
199		-	(iii) Identifies all liens on the manufactured home, including for each 3
200		-	lien: 4
	198	+	2. The nature of the lien; 2
201	199
202		-	1. The ~~name of~~ the lien ~~holder~~; 5
	200	+	3. The date the lien was created; and 3
203	201
204		-	2. The ~~nature~~ of the lien~~; 6~~
	202	+	4. The amount of the lien. 4
205	203
206		-	3. The date the lien was created; and 7
	204	+	(c) (1) If an affidavit of affixation is accompanied by an original certificate of 5
	205	+	title, the affidavit shall be accompanied by: 6
207	206
208		-	4. The amount of the lien. 8
	207	+	(i) A statement that it is the intent of the owner to surrender the 7
	208	+	certificate of title; and 8
209	209
210		-	(c) (1) If an affidavit of affixation is accompanied by an original certificate of 9
211		-	title, the affidavit shall be accompanied by: 10
	210	+	(ii) A statement that: 9
212	211
213		-	(i) A statement that it is the intent of the owner to surrender the 11
214		-	certificate of title; and 12
	212	+	1. There is no lien on the manufactured home; or 10
215	213
216		-	(ii) A statement that: 13
	214	+	2. Any lien on the manufactured home has been satisfied and 11
	215	+	the appropriate releases are attached and made a part of the affidavit of affixation. 12
217	216
218		-	1. There is no lien on the manufactured home; or 14
	217	+	(2) If an affidavit of affixation is accompanied by a manufacturer’s 13
	218	+	certificate of origin, the affidavit shall be accompanied by: 14
219	219
220		-	~~2. Any lien on~~ the ~~manufactured home has been satisfied and~~ 15
221		-	~~the appropriate releases are attached and made a part of the affidavit of affixation.~~ 16
	220	+	(i) A statement that a certificate of title has not been issued for the 15
	221	+	manufactured home; 16
222	222
223		-	(2) ~~If an affidavit~~ of ~~affixation is accompanied by a manufacturer’s~~ 17
224		-	certificate of origin~~, the affidavit shall be accompanied by:~~ 18
	223	+	(ii) A statement that it is the intent of the owner to surrender the 17
	224	+	manufacturer’s certificate of origin; and 18
225	225
226		-	(i) A statement that a certificate of title has not been issued for the 19
227		-	manufactured home; 20
	226	+	(iii) A statement that: 19
228	227
229		-	(ii) A statement that it is the intent of the owner to surrender the 21
230		-	manufacturer’s certificate of origin; and 22
	228	+	1. There is no lien on the manufactured home; or 20
231	229
232		-	(iii) A statement that: 23
	230	+	2. Any lien on the manufactured home has been satisfied and 21
	231	+	the appropriate releases are attached and made a part of the affidavit of affixation. 22
233	232
234		-	1. There is no lien on the manufactured home; or 24
	233	+	(3) If an affidavit of affixation is accompanied by a statement from an 23
	234	+	attorney or title insurance producer, the affidavit also shall be accompanied by: 24
235	235
236		-	~~2. Any lien on~~ the ~~manufactured home has been satisfied and~~ 25
237		-	the ~~appropriate releases are attached~~ and ~~made a part of the affidavit of affixation.~~ 26
	236	+	(i) A statement that the owner is unable to locate a certificate of title 25
	237	+	or a manufacturer’s certificate of origin for the manufactured home; and 26
238	238
239		-	(3) If an affidavit of affixation is accompanied by a statement from an 27
240		-	attorney or title insurance producer, the affidavit also shall be accompanied by: 28
241		-	6 HOUSE BILL 71
	239	+	(ii) A statement that identifies all liens on the manufactured home, 27
	240	+	including for each lien: 28
	241	+
	242	+	1. The name of the lien holder; 29 6 HOUSE BILL 71
242	243
243	244
244		-	(i) A statement that the owner is unable to locate a certificate of title 1
245		-	or a manufacturer’s certificate of origin for the manufactured home; and 2
246	245
247		-	(ii) A statement that identifies all liens on the manufactured home, 3
248		-	including for each lien: 4
	246	+	2. The nature of the lien; 1
249	247
250		-	1. The ~~name of~~ the lien ~~holder~~; 5
	248	+	3. The date the lien was created; and 2
251	249
252		-	2. The ~~nature~~ of the lien~~; 6~~
	250	+	4. The amount of the lien. 3
253	251
254		-	3. The date the lien was created; and 7
	252	+	(d) An affidavit of affixation shall be signed under penalty of perjury and 4
	253	+	acknowledged. 5
255	254
256		-	4. The amount of the lien. 8
	255	+	(e) The clerk of the circuit court of the county in which the parcel of real property 6
	256	+	to which a manufactured home is or will be affixed is located: 7
257	257
258		-	(d) An affidavit of affixation ~~shall be signed under penalty of perjury~~ and 9
259		-	~~acknowledged. 10~~
	258	+	(1) Shall accept an affidavit of affixation and any attachments for 8
	259	+	recordation and indexing; and 9
260	260
261		-	(e) The clerk of the circuit court of the county in which the parcel of real property 11
262		-	to which a manufactured home is or will be affixed is located: 12
	261	+	(2) May charge a reasonable fee for the recordation. 10
263	262
264		-	(1) Shall accept an affidavit of affixation and any attachments for 13
265		-	recordation and indexing; and 14
	263	+	(f) The recordation of an affidavit of affixation does not represent a sale or 11
	264	+	transfer of real property for the purpose of the collection of any tax or fee charged by the 12
	265	+	State or any county or municipality. 13
266	266
267		-	(2) May charge a reasonable fee for the recordation. 15
	267	+	(g) (1) Immediately after filing an affidavit of affixation with the clerk of the 14
	268	+	circuit court, the owner of the property to which a manufactured home has been affixed 15
	269	+	shall send a certified copy of the affidavit and any attachments to the Motor Vehicle 16
	270	+	Administration. 17
268	271
269		-	(f) ~~The recordation~~ of an affidavit of affixation ~~does not represent a sale or 16~~
270		-	~~transfer~~ of ~~real property for~~ the ~~purpose of the collection of any tax or fee charged by the 17~~
271		-	~~State or any county or municipality~~. 18
	272	+	(2) On receipt of a certified copy of an affidavit of affixation and any 18
	273	+	attachments under paragraph (1) of this subsection, the Motor Vehicle Administration shall 19
	274	+	record the affidavit and attachments in the Administration’s records. 20
272	275
273		-	(g) (1) Immediately after filing an affidavit of affixation with the clerk of the 19
274		-	circuit court, the owner of the property to which a manufactured home has been affixed 20
275		-	shall send a certified copy of the affidavit and any attachments to the Motor Vehicle 21
276		-	Administration. 22
	276	+	8B–203. 21
277	277
278		-	~~(2) On receipt of a certified copy of an affidavit of affixation and any 23~~
279		-	~~attachments under paragraph (1) of this subsection~~, ~~the Motor Vehicle Administration shall 24~~
280		-	~~record the affidavit and attachments in the Administration’s records~~. 25
	278	+	The Motor Vehicle Administration shall make available records for manufactured 22
	279	+	homes to attorneys, title insurance producers, and other individuals authorized to conduct 23
	280	+	a title search. 24
281	281
282		-	8B–~~203~~. 26
	282	+	8B–204. 25
283	283
284		-	The Motor Vehicle Administration shall make available records for manufactured 27
285		-	homes to attorneys, title insurance producers, and other individuals authorized to conduct 28
286		-	a title search. 29
	284	+	IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 26
	285	+	MANUFACTURED HOME DO ES NOT OWN , CONVERSION OF THE MA NUFACTURED 27
	286	+	HOME TO REAL PROPERT Y IN ACCORDANCE WITH THIS SUBTITLE DOES N OT AFFECT 28
	287	+	THE RIGHTS AND DUTIES OF THE RECORD OWNER OF THE LAND. 29
287	288
288		-	8B–~~204~~. 30
	289	+	8B–303. 30
289	290		HOUSE BILL 71 7
290	291
291	292
292	293		IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 1
293		-	MANUFACTURED HOME ~~DOES~~ NOT OWN , ~~CONVERSION~~ OF THE ~~MA NUFACTURED~~ 2
294		-	~~HOME TO~~ REAL ~~PROPERT Y IN~~ ACCORDANCE WITH ~~THIS~~ SUBTITLE DOES ~~N OT~~ AFFECT 3
	294	+	MANUFACTURED HOME DO ES NOT OWN, SEVERANCE OF THE MAN UFACTURED HOME 2
	295	+	FROM REAL PROPERTY I N ACCORDANCE WITH TH IS SUBTITLE DOES NOT AFFECT 3
295	296		THE RIGHTS AND DUTIE S OF THE RECORD OWNE R OF THE LAND. 4
296	297
297		-	~~8B–303~~. 5
	298	+	SUBTITLE 4. SALE OF MANUFACTURED HOUSING COMMUNITIES . 5
298	299
299		-	IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 6
300		-	MANUFACTURED HOME DO ES NOT OWN, SEVERANCE OF THE MAN UFACTURED HOME 7
301		-	FROM REAL PROPERTY I N ACCORDANCE WITH TH IS SUBTITLE DOES NOT AFFECT 8
302		-	THE RIGHTS AND DUTIE S OF THE RECORD OWNE R OF THE LAND. 9
	300	+	8B–401. 6
303	301
304		-	SUBTITLE 4. SALE OF MANUFACTURED HOUSING COMMUNITIES . 10
	302	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
	303	+	INDICATED. 8
305	304
306		-	8B–401. 11
	305	+	(B) “COMMUNITY OWNER ” MEANS THE OWNER OF A MANUFACTURED 9
	306	+	HOUSING COMMUNITY . 10
307	307
308		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
309		-	INDICATED. 13
	308	+	(C) “HOMEOWNER ” MEANS THE OWNER OF A MANUF ACTURED HOME WHO 11
	309	+	LEASES OR RENTS A SI TE IN A MANUFACTURED HO USING COMMUNITY FOR 12
	310	+	RESIDENTIAL USE . 13
310	311
311		-	(B) “~~COMMUNITY OWNER~~ ” MEANS ~~THE OWNER OF A MANUFACTURED~~ 14
312		-	HOUSING ~~COMMUNITY .~~ 15
	312	+	(D) “HOMEOWNERS ORGANIZATION ” MEANS AN ORGANIZATION , 14
	313	+	INCLUDING A COOPERATIVE HOUSING CORPORATION , THAT: 15
313	314
314		-	(C) “HOMEOWNER ” MEANS THE OWNER OF A MANUFACTURED HOME WH O 16
315		-	LEASES OR RENTS A SITE LOT IN A MANUFACTURED HOUSING COMMUNITY FO R 17
316		-	RESIDENTIAL USE . 18
	315	+	(1) REPRESENT S THE INTERESTS OF THE HOMEOWNERS IN A 16
	316	+	MANUFACTURED HOUSING COMMUNITY ; 17
317	317
318		-	(D) ~~“HOMEOWNERS ORGANIZATI ON”~~ ~~MEANS AN ORGANIZATIO~~ ~~N, 19~~
319		-	~~INCLUDING A COOPERAT IVE HOUSING CORPORAT ION, THAT: 20~~
	318	+	(2) IS OPEN TO ALL HOMEOWNER S IN THE MANUFACTURE D HOUSING 18
	319	+	COMMUNITY ; AND 19
320	320
321		-	(1) REPRESENTS THE INTERE STS OF THE HOMEOWNER S IN A 21
322		-	MANUFACTURED HOUSING COMMUNITY ; 22
	321	+	(3) IS CONTROLLED BY THE MEMBERS OF THE O RGANIZATIO N. 20
323	322
324		-	(2) IS OPEN TO ALL HOMEOWNERS IN THE MA NUFACTURED HOUSING 23
325		-	COMMUNITY ; AND 24
	323	+	(E) “MANUFACTURED HO USING COMMUNITY ” MEANS ANY PROPERTY 21
	324	+	LEASED OR HELD OUT F OR LEASE TO TWO OR MORE OWNERS OF MANUF ACTURED 22
	325	+	HOMES FOR RESIDENTIA L USE. 23
326	326
327		-	(3) IS CONTROLLED BY THE MEMBERS OF THE ORGAN IZATION 25
328		-	COMPRISES HOMEOWNERS WHO LEASE OR RENT AT LEAST 51% OF THE LOTS IN THE 26
329		-	MANUFACTURED HOUSING COMMUNITY . 27
	327	+	8B–402. 24
330	328
331		-	(E) (1) “MANUFACTURED HOUSING COMMUNITY ” MEANS ANY PROPERTY 28
332		-	LEASED OR HELD OUT F OR LEASE TO TWO OR M ORE OWNERS OF MANUFA CTURED 29
333		-	HOMES FOR RESIDENTIA L USE. 30
	329	+	THIS SUBTITLE DO ES NOT APPLY TO A MANUFACTURED HO USING COMMUNITY 25
	330	+	IF: 26
	331	+
	332	+	(1) A MORTGAGEE , GRANTEE, OR OTHER SECURED PARTY HAS 27
	333	+	FORECLOSED ON THE MANUFACTURED HO USING COMMUNITY AND THE 28
	334	+	MORTGAGEE , GRANTEE, OR SECURED PARTY IS: 29
334	335		8 HOUSE BILL 71
335	336
336	337
337		-	(2) “MANUFACTURED ~~HOUSING~~ COMMUNITY ~~” INCLUDES~~ A ~~MOBILE~~ 1
338		-	~~HOME PARK,~~ ~~AS DEFINED IN § 8A–101 OF THIS ARTICLE.~~ 2
	338	+	(I) SELLING THE MANUFACTURED HO USING COMMUNITY AT A 1
	339	+	FORECLOSURE SALE ; OR 2
339	340
340		-	8B–402. 3
	341	+	(II) SELLING THE MANUFACTURED HO USING COMMUNITY 3
	342	+	AFTER BUYING THE MANUFACTURED HO USING COMMUNITY AT A FOREC LOSURE 4
	343	+	SALE; 5
341	344
342		-	~~THIS SUBTITLE DOES NOT APPLY TO A MANUF ACTURED HOUSING COMM UNITY 4~~
343		-	IF: 5
	345	+	(2) THE COMMUNITY OWNER I S SELLING THE MANUFACTURED 6
	346	+	HOUSING COMMUNITY TO : 7
344	347
345		-	(1) A MORTGAGEE , GRANTEE, OR OTHER SECURED PAR TY HAS 6
346		-	FORECLOSED ON THE MA NUFACTURED HOUSING C OMMUNITY AND THE 7
347		-	MORTGAGEE , GRANTEE, OR SECURED PARTY IS : 8
	348	+	(I) A FAMILY MEMBER OF THE COMMUNITY OWNER ; OR 8
348	349
349		-	(I) ~~SELLING~~ THE ~~MANUFACTU RED HOUSING COMMUNIT Y AT A~~ 9
350		-	~~FORECLOSURE SALE~~ ; OR 10
	350	+	(II) A TRUST, THE BENEFICIARIES OF WHICH ARE FAMILY 9
	351	+	MEMBERS OF THE COMMU NITY OWNER; 10
351	352
352		-	(II) SELLING THE MANUFACTU RED HOUSING COMMUNIT Y 11
353		-	AFTER BUYING THE MAN UFACTURED HOUSING CO MMUNITY AT A FORECLO SURE 12
354		-	SALE; 13
	353	+	(3) THE COMMUNITY OWNER I S A PARTNERSHIP AND THE SALE OR 11
	354	+	TRANSFER IS TO ONE O R MORE OF THE PARTNE RS; 12
355	355
356		-	(2) THE COMMUNITY OWNER I S SELLING THE MANUFA CTURED 14
357		-	HOUSING COMMUNITY TO : 15
	356	+	(4) THE CONVEYANCE OF AN INTEREST IN THE MANUFACTURED 13
	357	+	HOUSING COMMUNITY IS INCIDEN TAL TO THE FINANCING OF THE MANUFACTURED 14
	358	+	HOUSING COMMUNITY ; 15
358	359
359		-	(I) A FAMILY MEMBER OF THE COMMUNITY OWNER ; OR 16
	360	+	(5) THE SALE OR TRANSFER OF THE MANUFACTURED HO USING 16
	361	+	COMMUNITY IS BETWEEN JOINT TENANTS OR TEN ANTS IN COMMON ; OR 17
360	362
361		-	(II) ~~A TRUST,~~ THE ~~BENEFICIARIES~~ OF ~~WHICH ARE FAMILY 17~~
362		-	~~MEMBERS~~ OF THE ~~COMMU NITY OWNER;~~ 18
	363	+	(6) THE SALE OR TRANSFER OF THE MANUFACTURED HO USING 18
	364	+	COMMUNITY IS A RESULT OF THE EXER CISE OF THE POWER OF EMINENT DOMAIN . 19
363	365
364		-	(3) THE COMMUNITY OWNER I S A PARTNERSHIP AND THE SALE OR 19
365		-	TRANSFER IS TO ONE OR MORE OF THE PARTNERS ; 20
	366	+	8B–403. 20
366	367
367		-	(4) THE ~~CONVEYANCE OF AN INTEREST IN THE MANU FACTURED~~ 21
368		-	~~HOUSING~~ COMMUNITY ~~IS INCIDENTAL TO~~ THE ~~FI NANCING OF THE MANUF ACTURED~~ 22
369		-	~~HOUSING COMMUNITY ;~~ 23
	368	+	(A) BEFORE A COMMUNITY OW NER MAY ACCEPT AN OFFER FOR THE SAL E 21
	369	+	OR TRANSFER OF A MANUFACTURED HO USING COMMUNITY , THE COMMUNITY 22
	370	+	OWNER SHALL : 23
370	371
371		-	(5) THE SALE OR TRANSFER OF THE MANUFACTURED HOUSING 24
372		-	COMMUNITY IS BETWEEN JOINT TENANTS OR TEN ANTS IN COMMON ; OR 25
	372	+	(1) PROVIDE NOTICE OF THE TERMS OF THE OFFER T O: 24
373	373
374		-	(6) ~~THE SALE OR TRANSFER OF~~ THE MANUFACTURED ~~HOUSING 26~~
375		-	COMMUNITY ~~IS A RESUL T OF THE EXERCISE OF THE POWER OF EMINENT DOMAIN. 27~~
	374	+	(I) EACH HOMEOWNER IN THE MANUFACTURED HO USING 25
	375	+	COMMUNITY ; AND 26
376	376
377		-	8B–403. 28
	377	+	(II) THE CLERK OF THE COURT F OR THE COUNTY IN WHICH THE 27
	378	+	MANUFACTURED HO USING COMMUNITY IS LOCATED FOR INCLUSION IN THE LAND 28
	379	+	RECORDS OF THE COUNT Y; AND 29
378	380		HOUSE BILL 71 9
379	381
380	382
381		-	(A) ~~BEFORE AT LEAST 60 DAYS BEFORE A COMMUNITY OWNER MA Y ACCEPT~~ 1
382		-	~~AN OFFER ENTER INTO A BINDING CONTRACT FOR~~ THE ~~SALE OR TRANSFER~~ OF A 2
383		-	~~MANUFACTURED HOUSING COMMUNITY , THE COMMUNITY OWNER SHALL:~~ 3
	383	+	(2) PROVIDE THE HOMEOWNERS THE OPPORTUNITY TO PURCHASE 1
	384	+	THE MANUFACTURED HO USING COMMUNITY IN ACCORDANCE WITH § 8B–404 OF 2
	385	+	THIS SUBTITLE. 3
384	386
385		-	(1) PROVIDE NOTICE OF THE TERMS OF THE OFFER T O: 4
	387	+	(B) THE NOTICE REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION 4
	388	+	SHALL BE SENT BY REG ISTERED OR CERTIFIED MAIL AND INCLUDE THE FOLLOWING 5
	389	+	INFORMATION : 6
386	390
387		-	(I) EACH EACH HOMEOWNER IN THE MAN UFACTURED 5
388		-	HOUSING COMMUNITY ; AND 6
	391	+	(1) THE PRICE, TERMS, AND CONDITIONS THAT THE COMMUNITY 7
	392	+	OWNER INTENDS TO ACC EPT FOR THE SALE OR TRANSFER OF THE MANUFACTURED 8
	393	+	HOUSING COMMUNITY ; 9
389	394
390		-	(II) THE CLERK OF THE COUR T FOR THE COUNTY IN WHICH THE 7
391		-	MANUFACTURED HOUSING COMMUNITY IS LOCATED FOR INCLUSION IN THE LAND 8
392		-	RECORDS OF THE COUNT Y; AND 9
	395	+	(2) A COPY OF ANY PENDING PURCHASE OR SALES AG REEMENT 10
	396	+	SIGNED BY THE PARTIE S; AND 11
393	397
394		-	(2) ~~PROVIDE~~ THE ~~HOMEOWNER S THE OPPORTUNITY TO PURCHASE 10~~
395		-	~~THE MANUFACTURED HOU SING COMMUNITY IN AC CORDANCE WITH § 8B–404~~ OF 11
396		-	~~THIS SUBTITLE.~~ 12
	398	+	(3) A STATEMENT INDICATING THE DEADLINE BY WHICH A 12
	399	+	HOMEOWNERS ORGANIZATION OR OTHER AGENT OF TH E HOMEOWNERS IS 13
	400	+	REQUIRED TO: 14
397	401
398		-	(B) THE NOTICE REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 13
399		-	SHALL BE SENT BY REG ISTERED OR CERTIFIED MAIL AND INCLUDE THE FOLLOWING 14
400		-	INFORMATION : 15
	402	+	(I) NOTIFY THE COMMUNITY OWNER OF ITS INTERES T IN 15
	403	+	PURCHASING THE MANUFACTURED HO USING COMMUNITY ; AND 16
401	404
402		-	(1) THE PRICE, TERMS, AND MATERIAL TERMS AND CONDITIONS OF 16
403		-	THE OFFER THAT THE COMMUNITY OWNER INTE NDS TO ACCEPT FOR THE SALE OR 17
404		-	TRANSFER OF THE MANUFACTURED HOUSING COMMUNITY ; 18
	405	+	(II) SUBMIT A PROPOSED SAL ES AGREEMENT . 17
405	406
406		-	(2) A COPY OF ANY PENDING PURCHASE OR SALES AG REEMENT 19
407		-	SIGNED BY THE PARTIE S; AND 20
	407	+	8B–404. 18
408	408
409		-	(3) A STATEMENT INDICATING THE DEADLINE BY WHIC H A 21
410		-	HOMEOWNERS ORGANIZAT ION OR OTHER AGENT O F THE HOMEOWNERS IS 22
411		-	REQUIRED TO: 23
	409	+	(A) ON NOTICE OF THE INTE NT TO SELL OR TRANSF ER A MANUFACTURED 19
	410	+	HOUSING COMMUNITY IN ACCORDA NCE WITH § 8B–403 OF THIS SUBTITLE , 20
	411	+	HOMEOWNERS , THROUGH EITHER A HOM EOWNERS ORGANIZATION OR AGENT, MAY 21
	412	+	OFFER TO PURCHASE THE MANUFACTURED HO USING COMMUNITY BY: 22
412	413
413		-	(I) ~~NOTIFY~~ THE ~~COMMUNITY~~ OWNER OF ~~ITS INTERES T IN 24~~
414		-	~~PURCHASING~~ THE ~~MANUF ACTURED HOUSING COMM UNITY~~; AND 25
	414	+	(1) NOTIFYING THE COMMUNI TY OWNER OF THE INTE NT TO 23
	415	+	PURCHASE THE MANUFACTURED HO USING COMMUNITY ; AND 24
415	416
416		-	(II) SUBMIT A PROPOSED SAL ES AGREEMENT . 26
	417	+	(2) SUBMITTING TO THE COM MUNITY OWNER A PROPOSED 25
	418	+	AGREEMENT TO PURCHAS E THE MANUFACTURED HOUSING COMMUNITY THAT 26
	419	+	INCLUDES TERMS SUBST ANTIALLY SIMILAR TO THE TERMS INCLUDED IN THE SALES 27
	420	+	NOTICE PROVIDED UNDE R § 8B–403 OF THIS SUBTITLE. 28
417	421
418		-	8B–404. 27
419		-
420		-	(A) ON NOTICE OF THE INTE NT TO SELL OR TRANSFER A MANUFACTURED 28
421		-	HOUSING COMMUNITY IN ACCORDANCE WITH § 8B–403 OF THIS SUBTITLE , 29
422		-	HOMEOWNERS , THROUGH EITHER A HOM EOWNERS ORGANIZATION OR AGENT, A 30
423		-	HOMEOWNERS ORGANIZAT ION MAY OFFER TO PURCHAS E THE MANUFACTURED 31
424		-	HOUSING COMMUNITY BY : 32 10 HOUSE BILL 71
	422	+	(B) A HOMEOWNERS ORGANIZATION OR AGENT SHALL SUBMIT THE NOT ICE 29
	423	+	AND PROPOSED AGREEME NT REQUIRED UNDER SU BSECTION (A) OF THIS SECTION 30
	424	+	BY REGISTERED OR CER TIFIED MAIL WITHIN 90 DAYS AFTER THE DATE O N WHICH 31 10 HOUSE BILL 71
425	425
426	426
	427	+	THE HOMEOWNERS ORGANIZATION OR AGENT RECEIVED THE SALES NOTICE FRO M 1
	428	+	THE COMMUNITY OWNER . 2
427	429
428		-	(1) ~~PROVIDING DOCUMENTATION THAT T HE MEMBERS OF THE 1~~
429		-	HOMEOWNERS ~~ORGANIZAT ION UNANIMOUSLY VOTE D IN FAVOR OF SENDIN G A 2~~
430		-	~~PROPOSAL~~ TO ~~THE COMM UNITY OWNER ; 3~~
	430	+	(C) A HOMEOWNERS ORGANIZATION OR AGENT SHALL HAVE AT LEAST 150 3
	431	+	DAYS AFTER THE DATE ON WHICH THE HOMEOWNERS ORGANIZATION OR AGENT 4
	432	+	RECEIVED THE SALES N OTICE FROM THE COMMU NITY OWNER TO : 5
431	433
432		-	(2) ~~NOTIFYING~~ THE ~~COMMUNI TY OWNER OF THE INTE NT~~ TO 4
433		-	PURCHASE THE ~~MANUFAC TURED HOUSING COMMUN ITY~~; AND 5
	434	+	(1) OBTAIN THE NECESSARY FINANCING OR GUARANT EES TO 6
	435	+	PURCHASE THE MANUFACTURED HO USING COMMUNITY ; AND 7
434	436
435		-	(2) (3) SUBMITTING TO THE COMMUNITY OWNER A PROPOSED 6
436		-	AGREEMENT TO PURCHAS E THE MANUFACTURED H OUSING COMMUNITY THA T 7
437		-	INCLUDES TERMS SUBST ANTIALLY SIMILAR TO THE TERMS INCLUDED I N THE SALES 8
438		-	NOTICE PROVIDED UNDE R § 8B–403 OF THIS SUBTITLE. 9
	437	+	(2) CLOSE ON THE PURCHASE OF THE MANUFACTURED HOUSING 8
	438	+	COMMUNITY . 9
439	439
440		-	(B) THE HOMEOWNERS ORGANI ZATION SHALL SEND THE NOTICE OF INTENT 10
441		-	TO PURCHASE THE MANU FACTURED HOUSING COM MUNITY AND THE PROPO SED 11
442		-	AGREEMENT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION TO T HE 12
443		-	COMMUNITY OWNER BY R EGISTERED OR CERTIFI ED MAIL. 13
	440	+	8B–405. 10
444	441
445		-	(B) ~~A HOMEOWNERS ORGANIZAT ION OR AGENT SHALL SUBMIT~~ THE ~~NOTICE 14~~
446		-	~~AND PROPOSED AGREEME NT REQUIRED~~ UNDER ~~SU BSECTION (A)~~ OF THIS ~~SECTION 15~~
447		-	~~BY REGISTERED OR CER TIFIED MAIL WITHIN 90 DAYS AFTER~~ THE ~~DATE ON WHICH 16~~
448		-	~~THE HOMEOWNERS ORGAN IZATION OR AGENT REC EIVED~~ THE ~~SALES NOTI CE FROM 17~~
449		-	~~THE COMMUNITY OWNER~~ . 18
	442	+	(A) (1) WITHIN 10 DAYS AFTER THE DATE ON WHICH THE COMMUNI TY 11
	443	+	OWNER SUBMITS THE SALES NOTICE REQ UIRED UNDER § 8B–403 OF THIS SUBTITLE, 12
	444	+	THE COMMUNITY OWNER SHALL MAKE AVAILABLE TO THE HOMEOWNERS 13
	445	+	ORGANIZATION THE SAME INFORMATION THAT THE COMMUNITY OWNER PROVIDED 14
	446	+	OR WOULD HAVE PROVID ED TO OTHER PROSPECTIVE PURCHASE RS. 15
450	447
451		-	(C) A HOMEOWNERS ORGANIZATI ON OR AGENT SHALL HA VE AT LEAST 150 19
452		-	DAYS AFTER THE DATE ON WHICH THE HOMEOWN ERS ORGANIZATION OR AGENT 20
453		-	RECEIVED THE SALES N OTICE FROM THE COMMU NITY OWNER TO : 21
	448	+	(2) IN ADDITION TO THE IN FORMATION MADE AVAIL ABLE UNDER 16
	449	+	PARAGRAPH (1) OF THIS SUBSECTION , A COMMUNITY OWNER SHAL L PROVIDE ANY 17
	450	+	ADDITIONAL INFORMATI ON REQUESTED BY A PROSPECTIVE LENDER OF THE 18
	451	+	HOMEOW NERS ORGANIZATION . 19
454	452
455		-	(1) OBTAIN THE NECESSARY FINANCING OR GUARANT EES TO 22
456		-	PURCHASE THE MANUFAC TURED HOUSING COMMUNITY ; AND 23
	453	+	(B) THE DEADLINE BY WHICH THE HOMEOWNER S ORGANIZATION OR AGENT 20
	454	+	MUST SUBMIT AN OFFER OR NOTICE OF INTENT TO PURCHASE A MANUFACTURED 21
	455	+	HOUSING COMMUNITY UNDER § 8B–404 OF THIS SUBTITLE SHA LL BE EXTENDED BY : 22
457	456
458		-	(2) ~~CLOSE ON~~ THE ~~PURCHASE OF~~ THE ~~MANUFACTURED HOUSING 24~~
459		-	~~COMMUNITY 25~~
	457	+	(1) EACH DAY THAT THE COMMUNITY OWNER FAILS TO SUPPLY THE 23
	458	+	INFORMATION REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION; AND 24
460	459
461		-	(C) ~~(1) DURING~~ THE ~~60 DAYS IDENTIFIED IN § 8B–403~~ OF ~~THIS SUBTITLE,~~ 26
462		-	~~THE~~ COMMUNITY ~~OWNER SHALL CONSIDER AN OF FER TO PURCHASE~~ THE 27
463		-	MANUFACTURED ~~HOUSING~~ COMMUNITY ~~BY A HOMEOWNERS ORGANIZ ATION IF MADE 28~~
464		-	~~IN ACCORDANCE WITH T HIS SECTION~~. 29
	460	+	(2) EACH DAY THAT ANY LITIGATION INVOL VING THE SALE OF THE 25
	461	+	MANUFACTURED HO USING COMMUNITY OR LITIGAT ION AFFECTING THE 26
	462	+	MARKETABILITY OF THE TITLE OF THE MANUFACTURED HO USING COMMUNITY IS 27
	463	+	PENDING. 28
465	464
466		-	(2) ~~AFTER THE EXPIRATION OF THE 60 DAYS IDENTIFIED IN § 8B–403 30~~
467		-	OF ~~THIS SUBTITLE ,~~ A ~~COMMUNITY OWNER MA Y NOT BE REQUIRED TO CONSIDER 31~~
468		-	~~ADDITIONAL OFFERS FR OM THE HOMEOWNERS OR GANIZATION.~~ 32
469		-
470		-	~~8B–405. 33~~ HOUSE BILL 71 11
	465	+	(C) ANY AGREEMENT THAT PURPORTS TO LIMIT A HOMEOWNER ’S ABILITY 29
	466	+	TO ACQUIRE INFORMATI ON ABOUT THE LISTING OR OFFER FOR SALE OF A 30
	467	+	MANUFACTURED HOUSING COMMUNITY THAT WOULD OTHERWISE BE A VAILABLE TO 31
	468	+	NONRESIDENT INVESTOR S SHALL BE VOID AS A GAINST PUBLIC POLICY . 32
	469	+	HOUSE BILL 71 11
471	470
472	471
	472	+	8B–406. 1
473	473
474		-	(A) (1) WITHIN 10 DAYS AFTER THE DATE ON WHICH THE COMMUNI TY 1
475		-	OWNER SUBMITS THE SA LES NOTICE REQUIRED UNDER § 8B–403 OF THIS SUBTITLE, 2
476		-	THE COMMUNITY OWNER SHALL MAKE AVAILABLE TO THE HOMEOWNERS 3
477		-	ORGANIZATION THE SAM E INFORMATION THAT T HE COMMUNITY OWNER PROVIDED 4
478		-	OR WOULD HAVE PROVID ED TO OTHER PROSPECT IVE PURCHASERS . 5
	474	+	IF THE HOMEOWNERS ORGANIZATION MAKES AN OFFER TO PU RCHASE THE 2
	475	+	MANUFACTURED HO USING COMMUNITY IN ACCORDANCE WITH § 8B–405 OF THIS 3
	476	+	SUBTITLE, THE COMMUNITY OWNER SHALL: 4
479	477
480		-	(2) IN ADDITION TO THE IN FORMATION MADE AVAIL ABLE UNDER 6
481		-	PARAGRAPH (1) OF THIS SUBSECTION , A COMMUNITY OWNER SH ALL PROVIDE ANY 7
482		-	ADDITIONAL INFORMATI ON REQUESTED BY A PR OSPECTIVE LENDE R OF THE 8
483		-	HOMEOWNERS ORGANIZAT ION. 9
	478	+	(1) CONSIDER THE PURCHASE OFFER; AND 5
484	479
485		-	(B) THE DEADLINE BY WHICH THE HOMEOWNERS ORGAN IZATION OR AGENT 10
486		-	MUST SUBMIT AN OFFER OR NOTICE OF INTENT TO PURCHASE A MANUFA CTURED 11
487		-	HOUSING COMMUNITY UN DER § 8B–404 OF THIS SUBTITLE SHA LL BE EXTENDED BY : 12
	480	+	(2) IF APPLICABLE , NEGOTIATE WITH THE H OMEOWNERS 6
	481	+	ORGANIZATION IN GOOD FAITH. 7
488	482
489		-	(1) EACH DAY THAT THE COMMUNITY OW NER FAILS TO SUPPLY THE 13
490		-	INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS SECTION; AND 14
	483	+	8B–407. 8
491	484
492		-	(2) EACH DAY THAT ANY LIT IGATION INVOLVING TH E SALE OF THE 15
493		-	MANUFACTURED HOUSING COMMUNITY OR LITIGAT ION AFFECTING THE 16
494		-	MARKETABILITY OF THE TITLE OF THE MANUFACTURED HOUSING COMMUNITY IS 17
495		-	PENDING. 18
	485	+	THE REQUIREMENTS OF T HIS SUBTITLE SHALL A PPLY SEPARATELY TO E ACH 9
	486	+	SUBSTANTIALLY DIFFER ENT OFFER TO SELL OR TO PURCHASE A MANUFACTURED 10
	487	+	HOUSING COMMUNITY . 11
496	488
497		-	(C) ANY AGREEMENT THAT PU RPORTS TO LIMIT A HO MEOWNER’S ABILITY 19
498		-	TO ACQUIRE INFORMATI ON ABOUT THE LISTING OR OFFER FOR SALE OF A 20
499		-	MANUFACTURED HOUSING COMMUNITY THAT WOULD OTHERWISE BE AVAILAB LE TO 21
500		-	NONRESIDENT INVESTOR S SHALL BE VOID AS A GAINST PUBLIC POLICY . 22
	489	+	8B–408. 12
501	490
502		-	8B–406. 23
	491	+	(A) A COMMUNITY OWNER MAY RECORD IN THE LAND RECORDS OF THE 13
	492	+	COUNTY IN WHICH THE MANUFACTURED HOUSING COMMUNITY IS LOCATED AN 14
	493	+	AFFIDAVIT CERTIFYING THAT: 15
503	494
504		-	IF THE HOMEOWNERS ORG ANIZATION MAKES AN O FFER TO PURCHASE THE 24
505		-	MANUFACTURED HOUSING COMMUNITY IN ACCORDA NCE WITH § 8B–405 OF THIS 25
506		-	SUBTITLE, THE COMMUNITY OWNER SHALL: 26
	495	+	(1) THE COMMUNITY OWNER I S IN COMPLIANCE WITH THE 16
	496	+	REQUIREMENTS OF THIS SUBTITLE; OR 17
507	497
508		-	(1) CONSIDER THE PURCHASE OFFER ; AND 27
	498	+	(2) THE SALE OR TRANSFER OF THE MANUFACTURED HO USING 18
	499	+	COMMUNITY IS EXEMPT FROM THE REQUIREMENT S OF THIS SUB TITLE UNDER § 19
	500	+	8B–402 OF THIS SUBTITLE . 20
509	501
510		-	(2) IF APPLICABLE , NEGOTIATE WITH THE H OMEOWNERS 28
511		-	ORGANIZATION IN GOOD FAITH. 29
	502	+	(B) AN AFFIDAVIT FILED IN ACCORDANCE WITH THIS SECTION SHALL BE 21
	503	+	PRESUMPTIVE EVIDENCE OF COMPLIANCE FOR PU RPOSES OF GOOD TITLE IN THE 22
	504	+	HANDS OF A BONA FIDE PURCHASER . 23
512	505
513		-	8B–407. 30
	506	+	(C) IF A HOMEOWNERS ORGANIZATION MAKES AN OFFER TO PU RCHASE A 24
	507	+	MANUFACTURED HO USING COMMUNITY IN ACCORDA NCE WITH THIS SUBTIT LE, THE 25
	508	+	HOMEOWNERS ORGANIZATION MAY RECORD NOTICE OF THE OFFER IN THE LAN D 26
	509	+	RECORDS OF THE COUNT Y IN WHICH THE MANUFACTURED HO USING COMMUNITY IS 27
	510	+	LOCATED. 28
	511	+
	512	+	8B–409. 29
514	513		12 HOUSE BILL 71
515	514
516	515
517		-	THE REQUIREMENTS OF T HIS SUBTITLE SHALL A PPLY SEPARATELY TO E ACH 1
518		-	SUBSTANTIALLY DIFFER ENT OFFER TO SELL OR TO PURCHASE A MANUFA CTURED 2
519		-	HOUSING COMMUNITY . 3
	516	+	(A) IF A COMMUNITY OWNER FAILS TO COMPLY WITH THE REQUIREMENTS 1
	517	+	OF THIS SUBTITLE , THE COMMUNITY OWNER SHALL BE LIABLE TO T HE 2
	518	+	HOMEOWNERS ORGANIZATION IN THE AMOUNT OF $50,000 OR 50% OF THE GAIN 3
	519	+	REALIZED BY THE COMM UNITY OWNER AS A RES ULT OF THE SALE OF THE 4
	520	+	COMMUNITY, WHICHEVER IS GREATER . 5
520	521
521		-	8B–408. 4
	522	+	(B) FAILURE TO COMPLY WIT H THE REQUIREMENTS O F THIS SUBTITLE IS 6
	523	+	AN UNFAIR OR DECEPTI VE TRADE PRACTICE WI THIN THE MEANING OF TITLE 13 OF 7
	524	+	THE COMMERCIAL LAW ARTICLE AND IS SUBJECT TO ALL OF TH E PROVISIONS OF 8
	525	+	THAT TITLE EXCEPT § 13–411 OF THE COMMERCIAL LAW ARTICLE. 9
522	526
523		-	(A) A COMMUNITY OWNER MAY RECORD IN THE LAND R ECORDS OF THE 5
524		-	COUNTY IN WHICH THE MANUFACTURED HOUSING COMMUNITY IS LOCATED AN 6
525		-	AFFIDAVIT CERTIFYING THAT: 7
	527	+	(C) (1) A HOMEOWNERS ORGANIZATION OR HOMEOWNER MAY BRING A 10
	528	+	CIVIL ACTION TO ENFORCE THIS SUBTITLE. 11
526	529
527		-	(1) THE COMMUNITY OWNER I S IN COMPLIANCE WITH THE 8
528		-	REQUIREMENTS OF THIS SUBTITLE; OR 9
	530	+	(2) IF THE COURT FINDS IN FAVOR OF THE HOMEOWN ERS 12
	531	+	ORGANIZATION OR HOMEOWNER , THE HOMEOWNERS ORGANIZATION OR 13
	532	+	HOMEOWNER MAY BE AWA RDED: 14
529	533
530		-	(2) THE SALE OR TRANSFER OF THE MANUFACTURED HOUSING 10
531		-	COMMUNITY IS EXEMPT FROM THE REQUIREMENT S OF THIS SUBTITLE U NDER § 11
532		-	8B–402 OF THIS SUBTITLE . 12
	534	+	(I) INJUNCTIVE OR DECLARA TORY RELIEF; 15
533	535
534		-	(B) AN AFFIDAVIT FILED IN ACCORDANCE WITH THIS SECTION SHALL BE 13
535		-	PRESUMPTIVE EVIDENCE OF COMPLIANCE FOR PURPOSES OF GOOD TITLE IN THE 14
536		-	HANDS OF A BONA FIDE PURCHASER . 15
	536	+	(II) ACTUAL DAMAGES ; AND 16
537	537
538		-	(C) IF A HOMEOWNERS ORGAN IZATION MAKES AN OFF ER TO PURCHASE A 16
539		-	MANUFACTURED HOUSING COMMUNITY IN ACCORDA NCE WITH THIS SUBTIT LE, THE 17
540		-	HOMEOWNERS ORGANIZAT ION MAY RECORD NOTIC E OF THE OFFER IN THE LAND 18
541		-	RECORDS OF THE COUNT Y IN WHICH THE MANUF ACTURED HOUSING COMM UNITY IS 19
542		-	LOCATED. 20
	538	+	(III) REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 17
543	539
544		-	8B–409. 8B–405. 21
	540	+	(3) THE REMEDIES SET FORT H IN THIS SUBSECTION ARE NOT 18
	541	+	EXCLUSIVE. 19
545	542
546		-	(A) IF A COMMUNITY OWNER WILLFULLY FAILS TO COMPLY WITH THE 22
547		-	REQUIREMENTS OF THIS SUBTITLE, THE COMMUNITY OWNER SHALL BE LIABLE TO 23
548		-	THE HOMEOWNERS ORGAN IZATION IN THE AMOUN T OF $50,000 $10,000 OR 50% OF 24
549		-	THE GAIN REALIZED BY THE COMM UNITY OWNER AS A RES ULT OF THE SALE OF T HE 25
550		-	COMMUNITY , WHICHEVER IS GREATER. 26
551		-
552		-	(B) FAILURE TO COMPLY WIT H THE REQUIREMENTS O F THIS SUBTITLE IS 27
553		-	AN UNFAIR OR DECEPTI VE TRADE PRACTICE WI THIN THE MEANING OF TITLE 13 OF 28
554		-	THE COMMERCIAL LAW ARTICLE AND IS SUBJEC T TO ALL OF THE PROV ISIONS OF 29
555		-	THAT TITLE EXCEPT § 13–411 OF THE COMMERCIAL LAW ARTICLE. 30
556		-
557		-	(C) (1) A HOMEOWNERS ORGANIZAT ION OR HOMEOWNER MAY BRING A 31
558		-	CIVIL ACTION TO ENFO RCE THIS SUBTITLE . 32
559		-	HOUSE BILL 71 13
560		-
561		-
562		-	(2) IF THE COURT FINDS IN FAVOR OF THE HOMEOWN ERS 1
563		-	ORGANIZATION OR HOME OWNER, THE HOMEOWNERS ORGAN IZATION OR 2
564		-	HOMEOWNER MAY BE AWA RDED: 3
565		-
566		-	(I) INJUNCTIVE OR DECLARA TORY RELIEF; 4
567		-
568		-	(II) ACTUAL DAMAGES ; AND 5
569		-
570		-	(III) REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 6
571		-
572		-	(3) THE REMEDIES SET FORT H IN THIS SUBSECTION ARE NOT 7
573		-	EXCLUSIVE. 8
574		-
575		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
576		-	October 1, 2022. 10
577		-
578		-
579		-
580		-
581		-	Approved:
582		-	________________________________________________________________________________
583		-	Governor.
584		-	________________________________________________________________________________
585		-	Speaker of the House of Delegates.
586		-	________________________________________________________________________________
587		-	President of the Senate.
	543	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
	544	+	October 1, 2022. 21