Resident-Owned Mobile Home Parks in Virginia: Your Rights

Virginia mobile home residents facing rent increases or park sales may have another option: converting their community into a resident-owned cooperative. Understanding this process, your rights, and the steps involved can empower renters and offer long-term housing stability. Here’s what you need to know about the path to resident ownership in Virginia, explained in clear, simple language.

What Does Resident Ownership of a Mobile Home Park Mean?

Resident ownership allows tenants in a manufactured home community to jointly purchase and manage their own park. Instead of renting from a landlord or investor, residents organize a legal group (usually a cooperative) to buy and operate the property.

• Stability: Resident control often means steadier rents and better maintenance.
• Community Voice: Decisions about improvements or rules are made by residents themselves.
• Long-Term Security: Protects residents from potential park closure or conversion.

Virginia Laws Protecting Renters During Park Sales

Virginia has special laws that give residents a chance to purchase their mobile home community before it is sold to outsiders. Under Virginia Code § 55.1-1308.2 (Virginia Manufactured Home Lot Rental Act), park owners are required to give residents advance notice if they plan to sell the property.^[1]

• Right of First Refusal: Park owners must give residents, or a resident association, at least 90 days' notice of a planned sale.
• If residents organize and make a matching offer, they get the opportunity to purchase the park under the same terms.
• The law only applies if residents join together as a formal group recognized by the law (such as a cooperative).

Key Government Agencies and Tribunals

The Virginia Department of Housing and Community Development (DHCD) provides important information about mobile home park laws and rights. If a dispute arises, the Virginia General District Court (small claims) handles most landlord-tenant cases, including manufactured housing matters.^[2]

Step-by-Step: How Residents Can Convert Their Mobile Home Park

The conversion process can seem complex, but breaking it down makes it easier to follow. Here’s how renters can take action if their landlord plans to sell the community:

• Step 1: Notice of Sale — All residents receive a written notice from the park owner at least 90 days before the sale.
• Step 2: Form a Resident Association or Cooperative — Residents must quickly organize a group recognized by law (such as a residents’ association or cooperative). The Virginia DHCD provides guides and can recommend templates for by-laws.
• Step 3: Review Sale Terms and Make an Offer — The cooperative reviews the official sale terms and works to match the offer (or offer better terms), possibly seeking nonprofit or state financing.
• Step 4: Provide Written Notice of Intent to Purchase — Submit the notice using official documentation to the park owner within the timeline. (See 'Forms' below.)
• Step 5: Negotiate and Finalize Purchase — If the owner accepts, residents close the deal and take control of the community.

Key Forms for Resident Ownership in Virginia

• Notice of Intent to Purchase by Residents (No official form number)
  When used: When residents want to notify the park owner of their intent to buy the park under the right of first refusal.
  How to use: After forming an association, send a letter that clearly states the residents wish to purchase the park, matching the current sale offer. This is usually required within the 90-day window.
  Official template and instructions: See the Virginia DHCD sample Notice of Intent to Purchase.
• Cooperative Bylaws/Articles of Incorporation
  When used: When formally creating an association or cooperative.
  How to use: Adopt sample by-laws or articles using DHCD templates, and file with the Virginia State Corporation Commission.
  Official resource: Visit Virginia State Corporation Commission for forms and guidance.

Using these forms correctly is crucial to preserve your right to purchase the property.

Summary of Resident Purchase Deadlines and Tips

• Act quickly after receiving a sale notice.
• Work together to form an official association.
• Submit your notice of intent within the 90-day deadline.
• Keep copies of all documents for your records.

Frequently Asked Questions

1. Can any group of renters buy a mobile home park in Virginia?
   Only if the group forms a legally recognized association or cooperative. The law requires this organization before residents can make a formal purchase offer.
2. What happens if the residents can’t raise enough money?
   If residents can’t match the sale terms or secure financing, the owner can proceed with the original sale after the notice period.
3. How will I know if my park is being sold?
   Your landlord must provide written notice to all residents at least 90 days before a final sale contract is signed.
4. Is there help available for residents wanting to buy their park?
   Yes, the Virginia DHCD can connect resident groups to nonprofit partners, legal guidance, and possible funding sources.
5. What law protects mobile home park residents in these situations?
   Virginia’s Manufactured Home Lot Rental Act (especially § 55.1-1308.2) gives renters these purchasing rights.

Key Takeaways for Virginia Mobile Home Renters

• Residents have a legal right to try to purchase their mobile home park before it is sold to another buyer.
• Timely action, organization, and correct document filing are critical to taking advantage of this right.
• Government agencies like the Virginia DHCD can offer support and resources throughout the process.

Remember, being informed and working together with your neighbors is your strongest asset.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development (DHCD) — Guides, support, and sample forms for resident ownership of manufactured housing.
• Virginia State Corporation Commission — Information on creating resident associations or cooperatives.
• Virginia General District Court — Handles landlord-tenant legal disputes including mobile home park issues.
• Virginia Manufactured Home Lot Rental Act — Full text of the governing legislation.

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1. See Virginia Code § 55.1-1308.2 - Manufactured Home Park Sale Notice to Tenants.
2. Virginia landlord-tenant matters, including manufactured housing, are handled by the Virginia General District Court.

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