Resident-Owned Mobile Home Parks in New Mexico: A Renter’s Guide
If you rent a lot in a mobile home park in New Mexico, you may worry about rent hikes, eviction, or the park being sold to new owners. Thankfully, New Mexico law gives residents a chance to purchase the park together if the owner chooses to sell. This guide walks you through how a mobile home park can be converted to resident ownership, what forms you may need, and what to expect along the way, all using official state resources.
Understanding Mobile Home Park Conversion in New Mexico
In New Mexico, if a mobile home park owner plans to sell, the residents often have the right to buy the park themselves as a group. This means residents may work together—often by forming a cooperative or association—to purchase the property and control their future housing costs and stability.
What Is Resident Ownership?
Resident ownership means the people who live in the mobile home park collectively buy the land. After the purchase, the residents manage the park through an association or cooperative. This gives you a direct say in how your community is run and helps protect against unexpected rent increases or displacement.
Your Rights When a Park Is Being Sold
The New Mexico Mobile Home Park Act (NMSA 1978, §§ 47-10-1 to 47-10-23) contains key protections for renters when a park is up for sale.[1] In particular, Section 47-10-27 requires park owners to:
- Give residents a written notice if they intend to sell the park
- Offer the residents (or their association) a chance to match any third-party purchase offer
- Provide at least 30 days for the residents to organize and submit an offer
These rights empower you and your neighbors to explore resident ownership before the park changes hands.
Key Steps to Convert Your Mobile Home Park
The process of converting a mobile home park to resident ownership involves several official steps. While it can seem complex, these steps are designed to ensure fairness and transparency for both the park owner and residents.
- Notice of Intent to Sell: The park owner gives all residents and the registered resident association (if one exists) formal notice of their intention to sell.
- Formation of a Resident Association/Cooperative: Residents may need to quickly organize a legal entity (such as a nonprofit association) to coordinate and make an offer. Free templates and guidance are available from the New Mexico Secretary of State.
- Submitting an Offer: The resident group has at least 30 days to submit a purchase offer that meets or exceeds any third-party offer.
- Park Owner’s Decision: If the residents’ offer matches the third-party offer, the owner must negotiate in good faith with the residents.
Residents considering this process often consult with the New Mexico Attorney General’s Office, Consumer Protection Division for support.
Relevant Forms for Resident Ownership
- Notice of Intent to Sell (Form not standardized): When the park owner is planning to sell, they must inform residents with a written notice. Residents should keep a copy of this notice as it starts the official timeline for your rights to purchase. While there is no standard state form, a sample is often provided by local offices or legal aid. See statutory requirements here.
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Filing as a Nonprofit (Form: Certificate of Incorporation): If residents form a cooperative, they must file incorporation documents with the New Mexico Secretary of State. The form is called "Certificate of Incorporation for a Nonprofit Corporation."
How to use: After forming a residents’ group, fill out and submit this form to legally create an association. - Business Registration (Form: CRS-1): Cooperatives must register for state tax purposes using the CRS-1 with the New Mexico Taxation and Revenue Department.
Always use official government links for forms and double-check that you’re following the latest instructions.
Which Tribunal Handles Tenant Disputes in New Mexico?
In New Mexico, the main body handling residential tenancies—including mobile home park disputes—is your local court (generally Magistrate or Metropolitan Court), under guidance from the New Mexico Administrative Office of the Courts self-help center. Tenant-landlord matters are generally governed by the courts using the Mobile Home Park Act.[1]
Action Steps for Renters Considering Resident Ownership
- Watch for and retain any official notice about a park sale.
- Connect with other residents to discuss interest in purchasing.
- Contact the New Mexico Secretary of State to set up a resident association or nonprofit if interest is high.
- Request assistance from the New Mexico Attorney General’s Consumer Protection Division or seek free legal aid for tenants.
- Use official forms for association creation and business registration.
This process works best when residents work together and reach out early for help. Support is available from government agencies and legal aid offices.
Frequently Asked Questions
- Do I have to own my mobile home to join a resident purchase?
Most resident-owned conversions require you to own the home itself and rent only the lot. However, renters should ask their association about eligibility if they are renting both home and lot. - How much time do residents have to organize after receiving notice of a sale?
You typically get at least 30 days from the date of the written notice to form an association and submit an offer. - Who helps resolve disputes if the owner does not follow the notice rules?
Local courts (Magistrate or Metropolitan Court) handle park-related disputes. The New Mexico Administrative Office of the Courts provides self-help guidance. - What if residents don’t want to purchase the park?
If residents do not act within the time period, the owner can proceed with selling to a third party. Resident rights remain protected under the Mobile Home Park Act regardless. - Where can we find legal help for mobile home park issues?
Contact the Consumer Protection Division of the New Mexico Attorney General or see the resources below for support.
Need Help? Resources for Renters
- New Mexico Attorney General’s Consumer Protection Division – Get tenant assistance and learn about your rights.
- New Mexico Courts Self-Help Center – Find court forms and get guidance on legal disputes.
- NM Secretary of State: Start an Association – File to create a resident association or cooperative.
- NM Taxation and Revenue: Business Registration – Register your resident association for business purposes.
- Mobile Home Park Act (full text) – Review state law protecting mobile home park residents.
- New Mexico Statutes Annotated, Mobile Home Park Act, NMSA 1978, §§ 47-10-1 to 47-10-23
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