An Act To Provide the Right of First Refusal to Mobile Home Park Residents
Maine Legislature, Session 124, LD 0902
Committee: Legal and Veterans Affairs
Sponsors: HILL, HOBBINS, PRESCOTT, SMITH, WEAVER, BOWMAN, NASS
Amends: 10 MRSA §9094-A

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 902 
. H.P.620 
House of Representatives, March 5, 2009 
An Act To Provide the Right of First Refusal to Mobile Home Park 
Residents 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative HILL of York. 
Cosponsored by Senator HOBBINS of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: PRESCOTT of Topsham, SMITH of Monmouth, WEAVER of York, 
Senators: BOWMAN of York, NASS of York. 
Primed lIn recycled p:J.pcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §9094-A, sub-§I-A is enacted to read: 
1-A. Tenants' right of first refusal. In any instance in which the owner of a mobile 
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home park has been sent a certified letter from tenants of the mobile home park that have 
incorporated as a cooperative affordable housing corporation under Title 13, chapter 85, 
subchapter I-A indicating that the corporation has at least 51 % of the tenants as members 
and has articles of incorporation specifying all rights and powers, including the power to 
negotiate for, acquire and operate the mobile home park on behalf of the member tenants, 
then, before a mobile home park may be sold for any purpose, the owner shall provide 45 
. days' written notice to the corporation by certified mail, return receipt requested, of any 
bona fide offer that the owner intends to accept to buy the park.· The notice must include 
the price, terms and conditions of an acceptable offer the owner has received to sell the 
park or the price, terms and conditions for which the owner intends to sell the park. Any 
corporation entitled to notice under this section may purchase the park as long as it meets 
the same price, terms and conditions Of any offer of which it is entitled to notice under 
this section by: 
A. Executing a contract or purchase and sale agreement with the owner within the 
-day notice period of the offer; and 
B. Obtaining any necessary fmancing or guarantees within an additional 135 days. 
Failure of the corporation to obtain a binding commitment for financing or any failure 
to secure any necessary guarantees within 135 days of execution of a purchase and 
sale agreement terminates the right of the corporation to purchase the park. 
The time periods provided in this subsection may be extended by agreement of the 
corporation and the owner. 
Nothing in this subsection prevents an owner from deciding not to sell, transfer or take 
other action that would result in termination of the frnancial assistance and revoking the 
notice required by this subsection at any time before its expiration. The withdrawal or 
revocation extinguishes any right of first refusal held by the corporation. 
Sec. 2. 
MRSA §9094-A, sub-§2, ~, as enacted by PL 1989, c. 768, IS 
amended to read: 
B. The option of the owner may not be exercised prior to expiration of the 45-day 
notice provided for in subsection 1 or I-A. 
Sec. 3. 10 MRSA §9094-A, sub-§3, as enacted by PL 1989, c. 768, is amended 
to read: 
3. Exception; no change of use for 2 years. The owner of a mobile home park may 
sell the park without notifying tenants in the manner provided by subsection 1 if the 
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purchase and sale agreement for the mobile home park provides for a deed containing a 
covenant, enforceable by tenants of the mobile home park, that forbids the purchaser 
from changing the use of the mobile home park for 2 years after the transfer. 
This 
subsection does not apply if the tenants of the mobile home park have provided the notice 
required under subsection I-A. 
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SUMMARY 
This bill provides the tenants of a mobile home park that have incorporated as a 
cooperative affordable housing corporation with the right of fIrst refusal to purchase the 
mobile home park from the owner within 45 days as long as it meets the same price, 
terms and conditions of any offer that the owner intends to accept to buy the park. 
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