Resident Ownership of Mobile Home Parks in South Carolina

If you live in a mobile home park in South Carolina, you may wonder what happens if your park is put up for sale or if there's a chance for residents to buy and manage the community themselves. Understanding the process of converting a mobile home park to resident ownership can empower residents to gain stability and control over their housing situation.

What Is Resident Ownership of a Mobile Home Park?

Resident ownership means that the people who live in the mobile home park form a cooperative or association to purchase and run the park. This can protect against sudden rent increases or park closure because residents make key decisions about community management and maintenance.

In South Carolina, there is no specific law that requires park owners to offer the park for sale to residents first. However, interested resident groups may still organize to purchase the park if the owner decides to sell.

Legal Framework for Mobile Home Park Conversions

South Carolina's main law governing landlord-tenant relationships in mobile home parks is the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 47 of the South Carolina Code of Laws)^[1]. It covers topics like leases, rent, and park closure but does not mandate a resident right of first refusal for purchases. However, all typical rules about notice, eviction, and rent increases apply during a sale or conversion.

How Residents Can Pursue Park Ownership

While the law does not require an owner to sell to residents first, residents can still take important steps:

• Organize a resident association or cooperative: Form a group that represents the interests of park residents.
• Determine the park's sale status and owner interest.
• Contact legal experts familiar with mobile home park purchases for guidance.
• Seek public or private funding, such as grants or loans for resident-owned communities. State and federal programs may be available.
• Prepare necessary legal paperwork to make an offer should the opportunity arise.

If the park is being closed or sold, residents are entitled to specific notices. South Carolina requires at least 90 days' written notice before a park is closed or redeveloped, giving residents time to organize or explore purchase options^[1].

Key Forms and Practical Steps

There are no South Carolina-specific forms dedicated to park conversion, but several official documents may be needed:

• Notice of Park Closure (Written Notice): Required if a park will close or be redeveloped. The park owner must provide this to residents at least 90 days before closure. This must be given in writing — keep a copy for your records. For notice requirements, see the Residential Landlord and Tenant Act.
• Articles of Incorporation (Cooperative or Association): If residents form a legal entity to buy the park, they must file Articles of Incorporation with the South Carolina Secretary of State.
  • For a cooperative, use Nonprofit Corporation Articles of Incorporation (Form NP-1). This form establishes the group as a legal entity.
  • When used: After residents agree to form an entity, one person files this form to start the official resident association or cooperative.
• Offer to Purchase: Usually drafted with legal help. This document is used to make a formal offer to buy the mobile home park from the current owner.
  • Tip: Always consult with an attorney experienced in South Carolina real estate and manufactured housing law when preparing a formal purchase offer.

Example Action Steps for Residents

• Form a residents' group and hold meetings to gauge interest in ownership.
• Elect officers for the association and draft bylaws.
• File Articles of Incorporation with the South Carolina Secretary of State.
• Work with a nonprofit, affordable housing advisor, or attorney for guidance on funding and the legal purchase process.
• Apply for grants or loans if needed.

Who Handles Rental Disputes and Park Regulations?

In South Carolina, the county Magistrate's Court is the official tribunal for residential tenancy disputes. This includes eviction cases, lease violations, and certain disputes involving mobile home parks. You can find more information and local court contacts on the South Carolina Magistrate Court website.^[2]

FAQ: Resident Ownership in South Carolina Mobile Home Parks

1. Can my mobile home park be sold to someone else without offering residents a chance to buy?
   Yes. South Carolina law does not require park owners to give residents the first opportunity to purchase. However, residents can express interest or organize to make an offer if the park is being sold.
2. How much notice does my landlord have to give if selling or closing the park?
   At least 90 days’ written notice is required before park closure or redevelopment, per state law.
3. What happens if my resident group wants to buy the park?
   Your group can organize as a legal entity, seek funding, and submit a purchase offer. Legal and financial guidance is highly recommended.
4. Will my rent go up during or after a park sale?
   Rent increases can occur but must comply with your lease and South Carolina landlord-tenant law. Any changes must be detailed in a written notice.
5. Who do I contact if I have a dispute during a sale or closure?
   You can file a dispute or complaint with your county Magistrate's Court or contact local legal aid for help.

Conclusion: What South Carolina Renters Should Know

• While there is no legal guarantee, organizing early gives residents the best chance at purchasing their park.
• South Carolina requires written notice and provides dispute resolution via Magistrate's Court.
• Consult official state agencies and legal experts for up-to-date forms, requirements, and possible funding assistance.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act: State housing and tenancy rules
• South Carolina Magistrate Court: File disputes or get court information
• South Carolina Legal Services: Free legal help for low-income tenants
• South Carolina Secretary of State: Forms and incorporation for resident groups

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1. See South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 47)
2. See South Carolina Magistrate's Court information

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