EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2022
CHAPTER ______
AN ACT concerning 1
Manufactured Homes – 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 2 HOUSE BILL 71
BY repealing and reenacting, with amendments, 1
Article – Real Property 2
Section 8B–201 and 8B–202 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Real Property 7
Section 8B–204 and 8B–303; and 8B–401 through 8B–409 8B–405 to be under the 8
new subtitle “Subtitle 4. Sale of Manufactured Housing Communities” 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Commercial Law 14
9–102. 15
(a) In this title: 16
(54) “Manufactured home” means a structure, transportable in one or more 17
sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet 18
or more in length, or, when erected on site, is 320 or more square feet, and which is built 19
on a permanent chassis and designed to be used as a dwelling with or without a permanent 20
foundation when connected to the required utilities, and includes the plumbing, heating, 21
air–conditioning, and electrical systems contained therein. The term includes any structure 22
that meets all of the requirements of this paragraph except the size requirements and with 23
respect to which the manufacturer voluntarily files a certification required by the United 24
States Secretary of Housing and Urban Development and complies with the standards 25
established under Title 42 of the United States Code. 26
Article – Real Property 27
8B–101. 28
(a) In this title the following words have the meanings indicated. 29
(b) “Attached to a permanent foundation” means anchored to real property by 30
attachment to a permanent foundation and connected to utilities, including water, gas, 31
electricity, or sewer or septic service. 32
(g) “Manufactured home” has the meaning stated in § 9–102(a) of the Commercial 33
Law Article. 34
HOUSE BILL 71 3
(h) “Owner” means a person that has an ownership interest in a manufactured 1
home. 2
(i) “Sever” means to separate a manufactured home that has been converted to 3
real property from the parcel of real property to which it has been affixed. 4
8B–201. 5
(A) (1) IN THIS SECTION , “LAND CONTROLLED BY T HE HOMEOWNER ” 6
MEANS LAND ON WHICH THE OWNER OF A MANUF ACTURED HOME HAS A L EGAL 7
RIGHT TO LOCATE THE HOME. 8
(2) “LAND CONTROLLED BY TH E HOMEOWNER ” INCLUDES LAND : 9
(I) OWNED BY THE OWNER OF THE MANUFACTURED HOM E; 10
(II) OWNED BY A COOPERATIV E HOUSING CORPORATIO N OF 11
WHICH THE OWNER OF T HE MANUFACTURED HOME IS A MEMBER; OR 12
(III) ON WHICH THE MANUFACTURED HOME IS LOCATED WITH 13
THE CONSENT OF THE R ECORD OWNER OF THE L AND, SUCH AS UNDER A RENT AL 14
AGREEMENT . 15
(B) A manufactured home shall be converted to real property when all of the 16
following events have occurred: 17
(1) The manufactured home is attached to a permanent foundation; 18
(2) [The ownership interests in the manufactured home and the parcel of 19
real property to which the manufactured home is affixed are identical ] THE 20
MANUFACTURED HOME IS LOCATED ON LAND CONT ROLLED BY THE HOMEOW NER; 21
and 22
(3) An affidavit of affixation complying with the requirements of § 8B–202 23
of this subtitle has been recorded with the clerk of the court of the county in which the 24
parcel of real property to which the manufactured home is affixed is located. 25
8B–202. 26
(a) An affidavit of affixation shall contain or be accompanied by: 27
(1) A description of the manufactured home, including: 28
(i) The name of the manufacturer, make, model name, model year, 29
dimensions, and manufacturer’s serial number; and 30
4 HOUSE BILL 71
(ii) A statement whether the manufactured home is new or used; 1
(2) The street address and legal description of the parcel of real property 2
to which the manufactured home is or will be affixed; AND 3
[(3) A statement that the ownership interests in the manufactured home 4
and the parcel of real property to which the manufactured home is or will be affixed are 5
identical or will be identical after filing the affidavit of affixation in the land records; and] 6
[(4)] (3) A statement that the manufactured home is or will be attached 7
to the real property described at the time of the filing of the affidavit of affixation in the 8
land records. 9
(b) (1) Except as provided in paragraph (2) of this subsection, an affidavit of 10
affixation shall be accompanied by: 11
(i) An original certificate of title issued by the Motor Vehicle 12
Administration for the manufactured home that: 13
1. Has the word “surrendered” clearly written on its face; and 14
2. If the certificate of title indicates that there is a lien on the 15
manufactured home, is accompanied by a release from each party that is indicated to have 16
a lien on the manufactured home; or 17
(ii) A manufacturer’s certificate of origin for the manufactured home 18
that: 19
1. Has the word “surrendered” clearly written on its face; and 20
2. If the manufacturer’s certificate of origin indicates that 21
there is a lien on the manufactured home, is accompanied by a release from each party that 22
is indicated to have a lien on the manufactured home. 23
(2) If the owner is unable to locate an original certificate of title or a 24
manufacturer’s certificate of origin, the affidavit of affixation shall be accompanied by a 25
report prepared and acknowledged by an attorney licensed to practice in the State or a title 26
insurance producer licensed to do business in the State that: 27
(i) Identifies the party preparing the report; 28
(ii) States that a search has been conducted of: 29
1. The land records of the county in which the parcel of real 30
property to which the manufactured home is or will be affixed is located; and 31
HOUSE BILL 71 5
2. The records maintained by the Motor Vehicle 1
Administration; and 2
(iii) Identifies all liens on the manufactured home, including for each 3
lien: 4
1. The name of the lien holder; 5
2. The nature of the lien; 6
3. The date the lien was created; and 7
4. The amount of the lien. 8
(c) (1) If an affidavit of affixation is accompanied by an original certificate of 9
title, the affidavit shall be accompanied by: 10
(i) A statement that it is the intent of the owner to surrender the 11
certificate of title; and 12
(ii) A statement that: 13
1. There is no lien on the manufactured home; or 14
2. Any lien on the manufactured home has been satisfied and 15
the appropriate releases are attached and made a part of the affidavit of affixation. 16
(2) If an affidavit of affixation is accompanied by a manufacturer’s 17
certificate of origin, the affidavit shall be accompanied by: 18
(i) A statement that a certificate of title has not been issued for the 19
manufactured home; 20
(ii) A statement that it is the intent of the owner to surrender the 21
manufacturer’s certificate of origin; and 22
(iii) A statement that: 23
1. There is no lien on the manufactured home; or 24
2. Any lien on the manufactured home has been satisfied and 25
the appropriate releases are attached and made a part of the affidavit of affixation. 26
(3) If an affidavit of affixation is accompanied by a statement from an 27
attorney or title insurance producer, the affidavit also shall be accompanied by: 28
6 HOUSE BILL 71
(i) A statement that the owner is unable to locate a certificate of title 1
or a manufacturer’s certificate of origin for the manufactured home; and 2
(ii) A statement that identifies all liens on the manufactured home, 3
including for each lien: 4
1. The name of the lien holder; 5
2. The nature of the lien; 6
3. The date the lien was created; and 7
4. The amount of the lien. 8
(d) An affidavit of affixation shall be signed under penalty of perjury and 9
acknowledged. 10
(e) The clerk of the circuit court of the county in which the parcel of real property 11
to which a manufactured home is or will be affixed is located: 12
(1) Shall accept an affidavit of affixation and any attachments for 13
recordation and indexing; and 14
(2) May charge a reasonable fee for the recordation. 15
(f) The recordation of an affidavit of affixation does not represent a sale or 16
transfer of real property for the purpose of the collection of any tax or fee charged by the 17
State or any county or municipality. 18
(g) (1) Immediately after filing an affidavit of affixation with the clerk of the 19
circuit court, the owner of the property to which a manufactured home has been affixed 20
shall send a certified copy of the affidavit and any attachments to the Motor Vehicle 21
Administration. 22
(2) On receipt of a certified copy of an affidavit of affixation and any 23
attachments under paragraph (1) of this subsection, the Motor Vehicle Administration shall 24
record the affidavit and attachments in the Administration’s records. 25
8B–203. 26
The Motor Vehicle Administration shall make available records for manufactured 27
homes to attorneys, title insurance producers, and other individuals authorized to conduct 28
a title search. 29
8B–204. 30
HOUSE BILL 71 7
IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 1
MANUFACTURED HOME DOES NOT OWN , CONVERSION OF THE MA NUFACTURED 2
HOME TO REAL PROPERT Y IN ACCORDANCE WITH THIS SUBTITLE DOES N OT AFFECT 3
THE RIGHTS AND DUTIE S OF THE RECORD OWNE R OF THE LAND. 4
8B–303. 5
IF A MANUFACTURED HOM E IS LOCATED ON LAND THAT THE OWNER OF TH E 6
MANUFACTURED HOME DO ES NOT OWN, SEVERANCE OF THE MAN UFACTURED HOME 7
FROM REAL PROPERTY I N ACCORDANCE WITH TH IS SUBTITLE DOES NOT AFFECT 8
THE RIGHTS AND DUTIE S OF THE RECORD OWNE R OF THE LAND. 9
SUBTITLE 4. SALE OF MANUFACTURED HOUSING COMMUNITIES . 10
8B–401. 11
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(B) “COMMUNITY OWNER ” MEANS THE OWNER OF A MANUFACTURED 14
HOUSING COMMUNITY . 15
(C) “HOMEOWNER ” MEANS THE OWNER OF A MANUFACTURED HOME WH O 16
LEASES OR RENTS A SITE LOT IN A MANUFACTURED HOUSING COMMUNITY FO R 17
RESIDENTIAL USE . 18
(D) “HOMEOWNERS ORGANIZATI ON” MEANS AN ORGANIZATIO N, 19
INCLUDING A COOPERAT IVE HOUSING CORPORAT ION, THAT: 20
(1) REPRESENTS THE INTERE STS OF THE HOMEOWNER S IN A 21
MANUFACTURED HOUSING COMMUNITY ; 22
(2) IS OPEN TO ALL HOMEOWNERS IN THE MA NUFACTURED HOUSING 23
COMMUNITY ; AND 24
(3) IS CONTROLLED BY THE MEMBERS OF THE ORGAN IZATION 25
COMPRISES HOMEOWNERS WHO LEASE OR RENT AT LEAST 51% OF THE LOTS IN THE 26
MANUFACTURED HOUSING COMMUNITY . 27
(E) (1) “MANUFACTURED HOUSING COMMUNITY ” MEANS ANY PROPERTY 28
LEASED OR HELD OUT F OR LEASE TO TWO OR M ORE OWNERS OF MANUFA CTURED 29
HOMES FOR RESIDENTIA L USE. 30
8 HOUSE BILL 71
(2) “MANUFACTURED HOUSING COMMUNITY ” INCLUDES A MOBILE 1
HOME PARK, AS DEFINED IN § 8A–101 OF THIS ARTICLE. 2
8B–402. 3
THIS SUBTITLE DOES NOT APPLY TO A MANUF ACTURED HOUSING COMM UNITY 4
IF: 5
(1) A MORTGAGEE , GRANTEE, OR OTHER SECURED PAR TY HAS 6
FORECLOSED ON THE MA NUFACTURED HOUSING C OMMUNITY AND THE 7
MORTGAGEE , GRANTEE, OR SECURED PARTY IS : 8
(I) SELLING THE MANUFACTU RED HOUSING COMMUNIT Y AT A 9
FORECLOSURE SALE ; OR 10
(II) SELLING THE MANUFACTU RED HOUSING COMMUNIT Y 11
AFTER BUYING THE MAN UFACTURED HOUSING CO MMUNITY AT A FORECLO SURE 12
SALE; 13
(2) THE COMMUNITY OWNER I S SELLING THE MANUFA CTURED 14
HOUSING COMMUNITY TO : 15
(I) A FAMILY MEMBER OF THE COMMUNITY OWNER ; OR 16
(II) A TRUST, THE BENEFICIARIES OF WHICH ARE FAMILY 17
MEMBERS OF THE COMMU NITY OWNER; 18
(3) THE COMMUNITY OWNER I S A PARTNERSHIP AND THE SALE OR 19
TRANSFER IS TO ONE OR MORE OF THE PARTNERS ; 20
(4) THE CONVEYANCE OF AN INTEREST IN THE MANU FACTURED 21
HOUSING COMMUNITY IS INCIDENTAL TO THE FI NANCING OF THE MANUF ACTURED 22
HOUSING COMMUNITY ; 23
(5) THE SALE OR TRANSFER OF THE MANUFACTURED HOUSING 24
COMMUNITY IS BETWEEN JOINT TENANTS OR TEN ANTS IN COMMON ; OR 25
(6) THE SALE OR TRANSFER OF THE MANUFACTURED HOUSING 26
COMMUNITY IS A RESUL T OF THE EXERCISE OF THE POWER OF EMINENT DOMAIN. 27
8B–403. 28
HOUSE BILL 71 9
(A) BEFORE AT LEAST 60 DAYS BEFORE A COMMUNITY OWNER MA Y ACCEPT 1
AN OFFER ENTER INTO A BINDING CONTRACT FOR THE SALE OR TRANSFER OF A 2
MANUFACTURED HOUSING COMMUNITY , THE COMMUNITY OWNER SHALL: 3
(1) PROVIDE NOTICE OF THE TERMS OF THE OFFER T O: 4
(I) EACH EACH HOMEOWNER IN THE MAN UFACTURED 5
HOUSING COMMUNITY ; AND 6
(II) THE CLERK OF THE COUR T FOR THE COUNTY IN WHICH THE 7
MANUFACTURED HOUSING COMMUNITY IS LOCATED FOR INCLUSION IN THE LAND 8
RECORDS OF THE COUNT Y; AND 9
(2) PROVIDE THE HOMEOWNER S THE OPPORTUNITY TO PURCHASE 10
THE MANUFACTURED HOU SING COMMUNITY IN AC CORDANCE WITH § 8B–404 OF 11
THIS SUBTITLE. 12
(B) THE NOTICE REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 13
SHALL BE SENT BY REG ISTERED OR CERTIFIED MAIL AND INCLUDE THE FOLLOWING 14
INFORMATION : 15
(1) THE PRICE, TERMS, AND MATERIAL TERMS AND CONDITIONS OF 16
THE OFFER THAT THE COMMUNITY OWNER INTE NDS TO ACCEPT FOR THE SALE OR 17
TRANSFER OF THE MANUFACTURED HOUSING COMMUNITY ; 18
(2) A COPY OF ANY PENDING PURCHASE OR SALES AG REEMENT 19
SIGNED BY THE PARTIE S; AND 20
(3) A STATEMENT INDICATING THE DEADLINE BY WHIC H A 21
HOMEOWNERS ORGANIZAT ION OR OTHER AGENT O F THE HOMEOWNERS IS 22
REQUIRED TO: 23
(I) NOTIFY THE COMMUNITY OWNER OF ITS INTERES T IN 24
PURCHASING THE MANUF ACTURED HOUSING COMM UNITY; AND 25
(II) SUBMIT A PROPOSED SAL ES AGREEMENT . 26
8B–404. 27
(A) ON NOTICE OF THE INTE NT TO SELL OR TRANSFER A MANUFACTURED 28
HOUSING COMMUNITY IN ACCORDANCE WITH § 8B–403 OF THIS SUBTITLE , 29
HOMEOWNERS , THROUGH EITHER A HOM EOWNERS ORGANIZATION OR AGENT, A 30
HOMEOWNERS ORGANIZAT ION MAY OFFER TO PURCHAS E THE MANUFACTURED 31
HOUSING COMMUNITY BY : 32 10 HOUSE BILL 71
(1) PROVIDING DOCUMENTATION THAT T HE MEMBERS OF THE 1
HOMEOWNERS ORGANIZAT ION UNANIMOUSLY VOTE D IN FAVOR OF SENDIN G A 2
PROPOSAL TO THE COMM UNITY OWNER ; 3
(2) NOTIFYING THE COMMUNI TY OWNER OF THE INTE NT TO 4
PURCHASE THE MANUFAC TURED HOUSING COMMUN ITY; AND 5
(2) (3) SUBMITTING TO THE COMMUNITY OWNER A PROPOSED 6
AGREEMENT TO PURCHAS E THE MANUFACTURED H OUSING COMMUNITY THA T 7
INCLUDES TERMS SUBST ANTIALLY SIMILAR TO THE TERMS INCLUDED I N THE SALES 8
NOTICE PROVIDED UNDE R § 8B–403 OF THIS SUBTITLE. 9
(B) THE HOMEOWNERS ORGANI ZATION SHALL SEND THE NOTICE OF INTENT 10
TO PURCHASE THE MANU FACTURED HOUSING COM MUNITY AND THE PROPO SED 11
AGREEMENT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION TO T HE 12
COMMUNITY OWNER BY R EGISTERED OR CERTIFI ED MAIL. 13
(B) A HOMEOWNERS ORGANIZAT ION OR AGENT SHALL SUBMIT THE NOTICE 14
AND PROPOSED AGREEME NT REQUIRED UNDER SU BSECTION (A) OF THIS SECTION 15
BY REGISTERED OR CER TIFIED MAIL WITHIN 90 DAYS AFTER THE DATE ON WHICH 16
THE HOMEOWNERS ORGAN IZATION OR AGENT REC EIVED THE SALES NOTI CE FROM 17
THE COMMUNITY OWNER . 18
(C) A HOMEOWNERS ORGANIZATI ON OR AGENT SHALL HA VE AT LEAST 150 19
DAYS AFTER THE DATE ON WHICH THE HOMEOWN ERS ORGANIZATION OR AGENT 20
RECEIVED THE SALES N OTICE FROM THE COMMU NITY OWNER TO : 21
(1) OBTAIN THE NECESSARY FINANCING OR GUARANT EES TO 22
PURCHASE THE MANUFAC TURED HOUSING COMMUNITY ; AND 23
(2) CLOSE ON THE PURCHASE OF THE MANUFACTURED HOUSING 24
COMMUNITY 25
(C) (1) DURING THE 60 DAYS IDENTIFIED IN § 8B–403 OF THIS SUBTITLE, 26
THE COMMUNITY OWNER SHALL CONSIDER AN OF FER TO PURCHASE THE 27
MANUFACTURED HOUSING COMMUNITY BY A HOMEOWNERS ORGANIZ ATION IF MADE 28
IN ACCORDANCE WITH T HIS SECTION. 29
(2) AFTER THE EXPIRATION OF THE 60 DAYS IDENTIFIED IN § 8B–403 30
OF THIS SUBTITLE , A COMMUNITY OWNER MA Y NOT BE REQUIRED TO CONSIDER 31
ADDITIONAL OFFERS FR OM THE HOMEOWNERS OR GANIZATION. 32
8B–405. 33 HOUSE BILL 71 11
(A) (1) WITHIN 10 DAYS AFTER THE DATE ON WHICH THE COMMUNI TY 1
OWNER SUBMITS THE SA LES NOTICE REQUIRED UNDER § 8B–403 OF THIS SUBTITLE, 2
THE COMMUNITY OWNER SHALL MAKE AVAILABLE TO THE HOMEOWNERS 3
ORGANIZATION THE SAM E INFORMATION THAT T HE COMMUNITY OWNER PROVIDED 4
OR WOULD HAVE PROVID ED TO OTHER PROSPECT IVE PURCHASERS . 5
(2) IN ADDITION TO THE IN FORMATION MADE AVAIL ABLE UNDER 6
PARAGRAPH (1) OF THIS SUBSECTION , A COMMUNITY OWNER SH ALL PROVIDE ANY 7
ADDITIONAL INFORMATI ON REQUESTED BY A PR OSPECTIVE LENDE R OF THE 8
HOMEOWNERS ORGANIZAT ION. 9
(B) THE DEADLINE BY WHICH THE HOMEOWNERS ORGAN IZATION OR AGENT 10
MUST SUBMIT AN OFFER OR NOTICE OF INTENT TO PURCHASE A MANUFA CTURED 11
HOUSING COMMUNITY UN DER § 8B–404 OF THIS SUBTITLE SHA LL BE EXTENDED BY : 12
(1) EACH DAY THAT THE COMMUNITY OW NER FAILS TO SUPPLY THE 13
INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS SECTION; AND 14
(2) EACH DAY THAT ANY LIT IGATION INVOLVING TH E SALE OF THE 15
MANUFACTURED HOUSING COMMUNITY OR LITIGAT ION AFFECTING THE 16
MARKETABILITY OF THE TITLE OF THE MANUFACTURED HOUSING COMMUNITY IS 17
PENDING. 18
(C) ANY AGREEMENT THAT PU RPORTS TO LIMIT A HO MEOWNER’S ABILITY 19
TO ACQUIRE INFORMATI ON ABOUT THE LISTING OR OFFER FOR SALE OF A 20
MANUFACTURED HOUSING COMMUNITY THAT WOULD OTHERWISE BE AVAILAB LE TO 21
NONRESIDENT INVESTOR S SHALL BE VOID AS A GAINST PUBLIC POLICY . 22
8B–406. 23
IF THE HOMEOWNERS ORG ANIZATION MAKES AN O FFER TO PURCHASE THE 24
MANUFACTURED HOUSING COMMUNITY IN ACCORDA NCE WITH § 8B–405 OF THIS 25
SUBTITLE, THE COMMUNITY OWNER SHALL: 26
(1) CONSIDER THE PURCHASE OFFER ; AND 27
(2) IF APPLICABLE , NEGOTIATE WITH THE H OMEOWNERS 28
ORGANIZATION IN GOOD FAITH. 29
8B–407. 30
12 HOUSE BILL 71
THE REQUIREMENTS OF T HIS SUBTITLE SHALL A PPLY SEPARATELY TO E ACH 1
SUBSTANTIALLY DIFFER ENT OFFER TO SELL OR TO PURCHASE A MANUFA CTURED 2
HOUSING COMMUNITY . 3
8B–408. 4
(A) A COMMUNITY OWNER MAY RECORD IN THE LAND R ECORDS OF THE 5
COUNTY IN WHICH THE MANUFACTURED HOUSING COMMUNITY IS LOCATED AN 6
AFFIDAVIT CERTIFYING THAT: 7
(1) THE COMMUNITY OWNER I S IN COMPLIANCE WITH THE 8
REQUIREMENTS OF THIS SUBTITLE; OR 9
(2) THE SALE OR TRANSFER OF THE MANUFACTURED HOUSING 10
COMMUNITY IS EXEMPT FROM THE REQUIREMENT S OF THIS SUBTITLE U NDER § 11
8B–402 OF THIS SUBTITLE . 12
(B) AN AFFIDAVIT FILED IN ACCORDANCE WITH THIS SECTION SHALL BE 13
PRESUMPTIVE EVIDENCE OF COMPLIANCE FOR PURPOSES OF GOOD TITLE IN THE 14
HANDS OF A BONA FIDE PURCHASER . 15
(C) IF A HOMEOWNERS ORGAN IZATION MAKES AN OFF ER TO PURCHASE A 16
MANUFACTURED HOUSING COMMUNITY IN ACCORDA NCE WITH THIS SUBTIT LE, THE 17
HOMEOWNERS ORGANIZAT ION MAY RECORD NOTIC E OF THE OFFER IN THE LAND 18
RECORDS OF THE COUNT Y IN WHICH THE MANUF ACTURED HOUSING COMM UNITY IS 19
LOCATED. 20
8B–409. 8B–405. 21
(A) IF A COMMUNITY OWNER WILLFULLY FAILS TO COMPLY WITH THE 22
REQUIREMENTS OF THIS SUBTITLE, THE COMMUNITY OWNER SHALL BE LIABLE TO 23
THE HOMEOWNERS ORGAN IZATION IN THE AMOUN T OF $50,000 $10,000 OR 50% OF 24
THE GAIN REALIZED BY THE COMM UNITY OWNER AS A RES ULT OF THE SALE OF T HE 25
COMMUNITY , WHICHEVER IS GREATER. 26
(B) FAILURE TO COMPLY WIT H THE REQUIREMENTS O F THIS SUBTITLE IS 27
AN UNFAIR OR DECEPTI VE TRADE PRACTICE WI THIN THE MEANING OF TITLE 13 OF 28
THE COMMERCIAL LAW ARTICLE AND IS SUBJEC T TO ALL OF THE PROV ISIONS OF 29
THAT TITLE EXCEPT § 13–411 OF THE COMMERCIAL LAW ARTICLE. 30
(C) (1) A HOMEOWNERS ORGANIZAT ION OR HOMEOWNER MAY BRING A 31
CIVIL ACTION TO ENFO RCE THIS SUBTITLE . 32
HOUSE BILL 71 13
(2) IF THE COURT FINDS IN FAVOR OF THE HOMEOWN ERS 1
ORGANIZATION OR HOME OWNER, THE HOMEOWNERS ORGAN IZATION OR 2
HOMEOWNER MAY BE AWA RDED: 3
(I) INJUNCTIVE OR DECLARA TORY RELIEF; 4
(II) ACTUAL DAMAGES ; AND 5
(III) REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 6
(3) THE REMEDIES SET FORT H IN THIS SUBSECTION ARE NOT 7
EXCLUSIVE. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2022. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.