reglab/housing_qa huggingface dataset:
25 DE Code § 7028. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7028. Right of first offer; notice not required before sale of manufactured home community.

§ 7028. Right of first offer; notice not required before sale of manufactured home community. A manufactured home community owner is not required to give notice of or extend a right of first offer to a homeowner association, DMHOA or its successor, or the Authority under the any of the following circumstances:  (1) A bank, mortgage company, or any other mortgagee has foreclosed on the community and the mortgagee is selling the community at a foreclosure sale, or is selling the community after having purchased the community at a foreclosure sale. (2) The sale, transfer, or conveyance of the community is to a family member of the community owner on the modified Table of Consanguinity under § 7014 of this title or to a trust, the beneficiaries of which are family members of the owner on the modified Table of Consanguinity; or the sale, transfer, or conveyance is to a family member on the modified Table of Consanguinity who is included within the line of intestate succession if the community owner dies intestate. (3) The sale, transfer, or conveyance is by a partnership to 1 or more of its partners. (4) The sale, transfer, or conveyance is between joint tenants or tenants-in-common. (5) The sale, transfer, or conveyance is by gift, devise, or operation of law. (6) The sale, transfer, or conveyance is pursuant to eminent domain. (7) The sale, transfer, or conveyance is to an affiliate. An affiliate'' means an individual, corporation, limited partnership, unincorporated association, or entity that holds any direct or indirect ownership interest in the community, except that the notice and extension of the right of first offer must be granted to a homeowner association where the majority interest in the ownership of the community or the power, directly or indirectly, to direct or cause the direction of the management and policies over the community, whether through ownership of voting stock, by contract, or otherwise, is sold, transferred, or conveyed to any individual, corporation, limited partnership, unincorporated association, or other entity which has not held such a direct or indirect ownership interest in the community for 3 or more years. (8) The sale, transfer, or conveyance is an exchange of the manufactured housing community for all, or substantially all, of other real property under § 1031 of the Internal Revenue Code (26 U.S.C. § 1031) or any other provision of the Internal Revenue Code that allows for exchanges or tax-free exchanges, regardless of whether the exchange also involves the payment of cash or other consideration. (9) A change in use of the manufactured home community by the existing community owner.82 Del. Laws, c. 38, § 32;
25 DE Code § 7029. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7029. Right of first offer; response required by homeowner association.

§ 7029. Right of first offer; response required by homeowner association. (a) A homeowner association must respond in writing to the notice of a right of first offer and send the response by overnight service with signature receipt to the community owner or the community owner's agent or attorney within 30 calendar days from the date of the mailing of the notice sent by the community owner to the association or to the Authority. The homeowner association's response must clearly indicate 1 of the following:  (1) The members of the association intend to accept the purchase price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer. (2) The members of the association do not accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer, but that they intend to offer to purchase the community at an alternative price. (3) The members of the association have no interest in purchasing the community and that they do not intend to proceed any further in the transaction, or, if the members of the association do not respond, they shall be deemed to have notified the community owner that they have no interest in purchasing the community. (b) If the homeowners association does not respond in material compliance with this section, such failure to respond shall be deemed to serve as notice to the community owner that the homeowners association does not wish to purchase the community. (c) If the homeowner association responds that it has no interest in purchasing the community, or fails to respond under § 7029, § 7030, § 7031, or § 7032 of this title, the community owner shall file an affidavit of compliance under § 7036 of this title. (d) Failure of the homeowner association to accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community as stated in the notice of right of first offer; to state an alternative price under § 7030 of this title; or to respond under § 7032 of this title, eliminates the right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner's notice of intention to sell, transfer, or convey all or part of the community. (e) A homeowner association may transfer or assign a right of first offer only to an organization formed or controlled by the homeowners to assist only in the purchase and operation of the community. Therefore, other than the preceding condition in this subsection, a right of first offer is neither transferable nor assignable. 74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7030. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7030. Right of first offer; offer of an alternative price.

§ 7030. Right of first offer; offer of an alternative price. (a) An alternative offer of price for the sale, transfer, or conveyance of the community from the homeowner association remains valid for 6 months, unless withdrawn by the homeowner association in writing and sent to the community owner by overnight service with signature receipt. If the community is still for sale at the expiration of the initial 6-month alternative offer period, the homeowners association shall have the right to refresh their alternative offer within 7 days of its expiration upon written notice to the community owner. The refreshed offer will be valid for 6 months. The homeowners association shall have the right to refresh their offer every 6 months until the property is sold or 18 months has elapsed from the time notice was provided under § 7027(a) of this title, whichever comes first. The alternative offer and any refreshed alternative offer may be amended at any time upon written notice to the community owner. In the event a community owner decides they no longer want to sell a community after having provided the homeowners association with the notice of first offer, any outstanding alternative offer shall be void. The community owner shall promptly notify the homeowners association of their decision to remove the community from the market. (b) A notice to withdraw an alternative offer must be approved by the members of the homeowners association. The approval percentage must be stated in the notice to the community owner. 74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7031. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7031. Right of first offer; sale to a third party at a lower price.

§ 7031. Right of first offer; sale to a third party at a lower price. (a) The community owner may not sell the community to a third party at or less than the price offered in the alternative offer from the homeowner association unless 1 of the following occur:  (1) The offer is withdrawn under § 7030(b) of this title. (2) The homeowner association is given 30 calendar days to match the lower price and all of the material terms and conditions of the lower offer. (b) The notice of the right to match the lower third-party offer shall be sent to the homeowner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community. (c) Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the lower offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt. (d) If the homeowner association matches the offer within 30 calendar days of receipt of the notice, the community owner is obligated to move to the next step of the negotiation with the homeowner association under § 7033 of this title. 74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7032. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7032. Right of first offer; sale to a third party at a higher price.

§ 7032. Right of first offer; sale to a third party at a higher price. (a) The community owner may accept an offer from a third party higher than the alternative price, if any, offered by the homeowner association without further obligation to the homeowner association unless there are significant or material changes in terms and conditions. However, the homeowner association must be given 7 business days to match the higher offer if 1 of the following apply:  (1) The higher offer is less than $40 million and the homeowner association's alternate price is within 6% of the offer. (2) The higher offer is $40 million or greater and the homeowner association's alternate price is within 4.5% of the offer. (b) The notice of the right to match the higher offer under subsection (a) of this section, must be sent to the homeowner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community. Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the higher offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt. (c) If the homeowner association matches the offer within 7 business days of receipt under subsection (a) of this section, the community owner must move to the next step of the negotiation with the homeowner association under § 7033 of this title. The community owner must not accept or entertain a higher offer from a third party after the homeowners association matches the offer. (d) If the community owner accepts an offer from a third party that is greater than the alternative price offered by the homeowners association, such that the provisions of either under subsection (a) of this section, are not triggered, the community owner shall certify this fact in writing to both the homeowner association and the Consumer Protection Unit within 7 business days of acceptance of the third-party offer. Such written certification shall also indicate whether the accepted third-party offer contained any significant or material changes in terms or conditions. 74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7033. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7033. Right of first offer; contract of sale.

§ 7033. Right of first offer; contract of sale. (a) If a homeowner association responds to the notice of right of first offer under § 7029 of this title, or if the community owner agrees to sell the community to the homeowner association under § 7030 of this title, the homeowner association has an additional 30 days to formalize the agreed price, terms, and conditions into a contract of sale. This 30-day period may not be used to renegotiate the price, terms, or conditions agreed to during the first 30-calendar-day period unless mutually agreed to in writing. Time is of the essence. (b) Failure of the homeowner association to formalize a contract of sale during the 30-day period following an agreement of price, terms, and conditions eliminates any right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner's notice of intention to sell, transfer, or convey all or part of the community. (c) Upon a formalized contract of sale being signed by both parties, the change of ownership of the community must be completed within 90 days. Time is of the essence. (d) (1) The completion date may be extended beyond the 90-day period if both parties agree to an extension. However, neither party is obligated to agree to an extension. (2) An agreement to extend the settlement date must be in writing and signed by both parties to the transaction. (3) If the parties did not fully exhaust the 30-day periods under subsections (a) or (b) of this section or paragraph § 7029(a) of this title, any unused days may be added to the 90-day period in subsection (c) of this section by either party by providing written notification to all other parties within 5 business days prior to the end of the 90-day period. The time period for calculation of unused days is from the dates of mailing of the notices required by each section.74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7034. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7034. Right of first offer; failure to complete sale.

§ 7034. Right of first offer; failure to complete sale. If, for any reason except default by the community owner, the homeowner association and the community owner do not complete the sale within the 90-day period under § 7033(c) of this title before the expiration of the extension period agreed to by the parties under § 7033(d) of this title, the right of first offer obligations of the community owner to the homeowner association are terminated, and the community owner may sell, transfer, or convey all or part of the community to any third party at the price offered in the right of first offer, or at a higher price or lower price, for the remainder of the 12-month period that commences on the date of the community owner's notice of intention to sell, transfer, or convey all or part of the community. 74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7036. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter IV. Right of First Offer|§ 7036. Right of first offer; affidavit of compliance.

§ 7036. Right of first offer; affidavit of compliance. Affidavit of compliance with the requirements of this subchapter. (1) A community owner may, if appropriate under the circumstances, record in the Registry of Deeds of the county in which the community is located an affidavit in which the community owner certifies to 1 of the following:  a. The manufactured home community owner has complied with the requirements of this section, and has included a copy of the notice sent to the residents of the community. b. The sale, transfer, or conveyance of the community is exempt from this section, under § 7026(c) of this title. (2) A party acquiring an interest in a manufactured home community, and title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the right to rely on the truth and accuracy of all statements appearing in an affidavit recorded under this section and are under no obligation to inquire further as to any matter or fact relating to the community owner's compliance with the provisions of this subchapter IV of this chapter.74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
25 DE Code § 7044. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter V. Delaware Manufactured Home Relocation Trust Fund|§ 7044. Payment of funds to landlord for removal or disposal of abandoned homes.

§ 7044. Payment of funds to landlord for removal or disposal of abandoned homes. (a) A landlord is entitled to receive from the Trust Fund payment in an amount determined by the Board to be sufficient to remove or dispose, or both, a non-relocatable or abandoned manufactured home under paragraphs § 7043(d) and (g) of this title. (b) Payment for removal or disposal, or both, of a manufactured home under subsection (a) of this section must be authorized by the Authority and made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the landlord. (c) If the Trust Fund does not have sufficient moneys to make a payment to a landlord under this section, the Authority shall issue a written promissory note to the landlord for funds due and owing. Promissory notes may be redeemed in order of issuance of the notes as additional moneys come into the Trust Fund. (d) If a landlord realizes a profit from the removal or disposal, or both, of a manufactured home, the landlord shall reimburse the Trust Fund for any profit gained by the landlord pertaining to that home. (e) A landlord may not receive payment from the Trust Fund if the landlord has failed to pay the landlord's share of the total Trust Fund assessment during the course of tenancies or has failed to remit the tenant's share as required under § 7042(g)(2) of this title. (f) It is a class A misdemeanor for a landlord or a landlord's agent to file a notice, statement, or other document required under this section which is false or contains a material misstatement of fact. 74 Del. Laws, c. 35, §  2;  74 Del. Laws, c. 147, §§  5, 9;  82 Del. Laws, c. 38, § 37;
25 DE Code § 7045. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter V. Delaware Manufactured Home Relocation Trust Fund|§ 7045. Payment of funds to tenants.

§ 7045. Payment of funds to tenants. (a) When a payment to a tenant is authorized by the Authority, payment must be made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the named tenant. (b) If the Trust Fund does not have sufficient moneys to make a payment to a tenant under this section, the Authority shall issue a written promissory note to the tenant for funds due and owing. A promissory note may be redeemed in order of issuance of the notes as additional moneys come into the Trust Fund. (c) It is a class A misdemeanor for a tenant or a tenant's agent to file a notice, statement, or other document required under this section which is false or contains a material misstatement of fact. 74 Del. Laws, c. 35, §  2;  74 Del. Laws, c. 147, §§  5, 9;  82 Del. Laws, c. 38, § 38;
25 DE Code § 7046. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter V. Delaware Manufactured Home Relocation Trust Fund|§ 7046. Delaware Manufactured Home Owner Attorney Fund.

§ 7046. Delaware Manufactured Home Owner Attorney Fund. (a) The Delaware Manufactured Home Owner Attorney Fund is established through funding provided under § 7042 of this title to provide legal representation and advocacy for manufactured homeowners in disputes with community owners.  (b) The Department of Justice must enter into a contract, under the requirements of subchapter VI, Chapter 69 of Title 29, for a person to assist and represent manufactured homeowners in disputes with community owners with matters that include all of the following:  (1) Providing educational materials and presentations for manufactured homeowners on their rights as manufactured homeowners. (2) Forming a homeowners association. (3) Defending an eviction. (4) Enforcing a breach of a lease agreement by a community owner. (5) Remedying the failure of a community owner to maintain communities in a manner consistent with local, state, and federal health and safety rules, regulations, and laws. (6) Challenging a potentially unenforceable term in a lease agreement. (7) Challenging a potentially unenforceable community rule. (8) Challenging a rent increase under subchapter III of this chapter, if all of the following apply:  a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title.. b. The challenge is requested by either of the following:  1. The homeowners association that represents 25% or more of the homeowners. 2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice. (c) Not less than quarterly, the Authority shall issue a voucher to the Division of Revenue directing the Division of Revenue to issue a check to the Department of Justice in the amount of the assessments collected under § 7042(g)(1)d. of this title. (d) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:  (1) The amount in the Attorney Fund. (2) The amount that was spent in the previous year. (3) The number of cases the contracted attorney worked on in the previous year. (4) The number of manufactured homeowners who were represented by the contracted attorney in the previous year.82 Del. Laws, c. 62, § 4;