Resident Ownership of Mobile Home Parks in Massachusetts
Many renters in Massachusetts mobile home parks wish to gain more control over their community, especially when facing changes in ownership or rising rents. Converting your park to resident ownership is a major undertaking that empowers residents but involves strict legal steps and rights under Massachusetts law. This guide explains how resident conversion works, your protections, and where to find official resources—as of 2024.
What Is Resident Ownership of a Mobile Home Park?
Resident ownership means that renters (mobile home owners) collectively purchase and manage the land under their homes, shifting control from a private owner to a cooperative, nonprofit, or similar resident group. In Massachusetts, the law provides strong protections for residents who want this option if the park is up for sale.
Your Rights When a Park Is Being Sold
The key law is Massachusetts General Laws Chapter 140, Section 32R, which requires that mobile home park owners must provide residents with written notice if they intend to sell the park. This gives residents the first opportunity to buy and convert it to resident ownership.
Notice and Timing Requirements
- The park owner must give all residents and the local board of health at least 45 days’ written notice before selling.
- This notice must inform residents of their right of first refusal—the right to match a bona fide offer from a third-party buyer.
- Residents have 45 days after receiving the notice to organize and indicate their intent to purchase under the same price and terms.
- If residents proceed, they have 90 days to complete the sale (extensions possible by law).
This timeline gives residents a critical window to act but requires prompt, organized response to secure rights.
Key Legal Requirements and Protections
- Only a residents’ association, cooperative, or nonprofit can exercise the right of first refusal for the group.
- The owner cannot sell to another party before giving this opportunity and following the timing rules.
- If the law isn’t followed, residents may challenge the sale through the courts.
If you’re notified of a pending sale, residents should gather quickly to discuss the possibility of forming a legal entity to purchase.
Massachusetts Official Forms Used in Park Conversion
-
Notice of Intent to Sell a Manufactured Housing Community (Form Not Specified)
When and How Used: The park owner must send this written notice to every resident household and the board of health at least 45 days before any sale. Residents should keep this notice and use it as the starting point for organizing an association. A sample form and requirements are described by the Massachusetts Department of Housing and Community Development (DHCD). -
Right of First Refusal Letter/Intent to Purchase (Resident Response)
When and How Used: If residents decide to pursue ownership, the association must respond in writing within 45 days expressing intent to match the offer. This document—while no official state template exists—should state the group’s intent and be delivered to the park owner. Residents should also seek legal guidance or assistance from DHCD. -
Board of Health Notification
When and How Used: Notification to the local Board of Health is required by the park owner and by residents when they create a resident association or nonprofit entity for the purpose of purchasing. See relevant contacts via Massachusetts Local Public Health Directory.
For all forms and step-by-step guidance, see the DHCD’s Manufactured Housing Community Laws guide.
How to Take Action: Organizing and Making an Offer
If your community is notified of a park sale, here are the main steps to consider:
- Hold a Residents’ Meeting: Act quickly to inform all residents and discuss forming a residents’ association or nonprofit cooperative.
- Seek Technical and Legal Help: Contact DHCD or local legal services experienced in manufactured housing issues.
- Form a Legal Entity: Register an official organization capable of owning and managing the property.
- Submit Your Intent: Respond in writing within the 45-day window stating the intent to purchase.
- Negotiate Financing (if proceeding): Secure funding, often with assistance from nonprofit groups or lenders experienced in mobile home park conversions.
Acting together, residents can maintain their stability and control over future rent increases and park rules.
Relevant Laws and Tribunal Information
- The main legislation governing mobile home parks and resident rights is Massachusetts General Laws Chapter 140, Sections 32A–32S.
- Official forms and information are provided by the Massachusetts Department of Housing and Community Development (DHCD).
- Disputes about resident rights or failure to follow conversion law may be taken to the appropriate county Housing Court. See the Massachusetts Housing Court for resources and filing options.
Frequently Asked Questions (FAQs)
- What is the "right of first refusal" for mobile home park residents?
It means residents get a legal opportunity to buy their park before it is sold to someone else, under the same terms as an outside offer. - How much time do residents have to respond to a sale notice?
Residents have 45 days after receiving notice to organize and notify the owner of their intent to purchase the park. - What happens if residents cannot raise enough money to buy the park?
If residents cannot finance the purchase within the time allowed, the owner may proceed to sell to another buyer. - Which agency can help guide residents through park conversion?
The Department of Housing and Community Development (DHCD) offers official guidance for residents in Massachusetts. - Do these rights apply to all manufactured housing parks in Massachusetts?
Most parks are covered, but exceptions may apply for certain types or small communities. Review Section 32R for details.
Conclusion: Key Takeaways
- Massachusetts law gives residents the first chance to buy their mobile home park when it is for sale.
- You must act within 45 days by organizing and sending your intent to purchase.
- Official help is available through DHCD and your local Housing Court for disputes or questions.
Need Help? Resources for Renters
- DHCD: Manufactured Housing Community Laws – Key official guidance and legislation links
- Massachusetts Housing Court – For legal disputes or tenancy issues
- Department of Housing and Community Development – Main source for forms, policy, and park conversion info
- Local Board of Health Directory – To find your board for forms and notices
- Massachusetts Legal Help – Housing – Free legal aid resources for renters
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