Resident-Owned Mobile Home Parks in West Virginia: Your Rights

If you live in a mobile home park in West Virginia and are facing concerns about rent increases or stability, you may wonder if residents can collectively purchase and manage the park themselves. In some states, residents have rights to form a cooperative or association to buy their park, offering more control over their housing situation. This guide explains the process and protections available for West Virginia renters interested in converting a mobile home park to resident ownership.

Understanding Mobile Home Park Resident Ownership in West Virginia

Mobile home parks are an important source of affordable housing in West Virginia. Sometimes, these parks are sold by their owners, leaving residents uncertain about their future. In some states, residents have special rights—such as the "opportunity to purchase"—allowing them a chance to buy the park before it is sold to another buyer. Let’s see what options are available in West Virginia.

Does West Virginia Give Residents a Right to Purchase Their Mobile Home Park?

Currently, West Virginia law does not require park owners to offer residents the first right of refusal or opportunity to purchase their mobile home park before it is sold. While states like Vermont and New Hampshire have specific "opportunity to purchase" statutes, West Virginia does not have these protections at this time.^[1]

This means that if the owner of your mobile home park wants to sell the property, they do not have a legal duty to offer the sale to residents first. However, residents can still try to organize and negotiate directly with the owner if the park goes up for sale.

What Can Residents Do to Pursue Ownership?

Even without a statewide right, West Virginia renters may take these steps if seeking to convert to resident ownership:

• Organize the residents: Form a residents’ association as a cooperative legal entity. This group can express collective interest and negotiate with the park owner.
• Communicate with the park owner: If you hear of an upcoming sale, reach out in writing to express interest in purchasing.
• Seek nonprofit or government help: Some national or regional housing nonprofits may offer technical and financial assistance to residents wanting to purchase their park.
• Prepare for financing: The residents' association should research loan options and prepare a plan to show financial readiness.

Relevant Official Forms and How They Are Used

There are currently no mandatory state government forms in West Virginia specifically designed for resident conversions or the "right to purchase" a mobile home park. If your group chooses to organize, you may need the following general forms:

• Articles of Incorporation (WV Secretary of State Form):
  When residents form an official association or cooperative, you must register with the State. Use the Articles of Incorporation forms for a nonprofit or cooperative, available from the West Virginia Secretary of State. For example, you would file "Nonprofit Articles of Incorporation" when creating a residents’ association to negotiate or potentially purchase the park.
• Application for State Tax Exemption:
  If operating as a nonprofit, file relevant tax exemption forms with the West Virginia State Tax Department.

Residents should consult a housing attorney before using these forms to ensure all legal steps are correctly followed.

Who Oversees Mobile Home and Tenant Disputes?

While West Virginia does not have a specialized mobile home park tribunal, landlord-tenant matters—such as rent increases or evictions—typically go through the county Magistrate Court. You can find your local court on the official West Virginia Judiciary Landlord-Tenant Self-Help Center page.

Which State Laws Protect Mobile Home Residents?

Mobile home and landlord-tenant laws in West Virginia are found in the West Virginia Code Chapter 37, Article 15 – Regulation of Landlord-Tenant Relationship. This law covers general tenant protections, rent, eviction, and obligations for both landlords and tenants.^[2]

Action Steps for Residents Interested in Park Ownership

• Start organizing: Discuss your goals and options with fellow park residents.
• Form an association or co-op: Register using the Articles of Incorporation forms.
• Request a meeting with the park owner: Express your interest in buying and discuss terms directly.
• Seek nonprofit or legal help: Contact housing nonprofits or West Virginia legal aid for support.

Although the process can be complex, early organization gives residents a better chance to negotiate favorable terms if ownership becomes possible.

Frequently Asked Questions

1. Do residents in West Virginia have a legal right to purchase their mobile home park if it’s being sold?
   No. West Virginia law does not currently give residents a statutory right to purchase their park before it’s sold to someone else.
2. What forms do we need to start a residents’ association?
   You’ll need to file Articles of Incorporation with the WV Secretary of State. This is necessary to create a formal group to negotiate or potentially buy the park.
3. What is the main law covering renters in mobile home parks?
   The West Virginia Code Chapter 37, Article 15 covers landlord-tenant relationships, including residents in mobile home parks.
4. Who can help us organize or understand our rights?
   You can reach out to the Legal Aid of West Virginia or your local county Magistrate Court for guidance.
5. How can I protect myself if the park is sold?
   Organize with neighbors, communicate with the owner, and consult a housing attorney or Legal Aid as soon as possible if you believe a sale will occur.

Key Takeaways for West Virginia Mobile Home Renters

• West Virginia does not currently guarantee residents the right to purchase their park, but collective action is still possible.
• Organizing a resident association or cooperative can strengthen your ability to negotiate if a sale arises.
• Reach out early to legal and advocacy resources for support and guidance.

Early action and information can help protect your housing community and provide more options if park ownership changes are on the horizon.

Need Help? Resources for Renters

• Legal Aid of West Virginia: Offers free legal advice to renters (including mobile home residents).
• West Virginia Secretary of State: Forms and information to create a nonprofit or cooperative association.
• WV Judiciary Landlord-Tenant Resources: Learn about landlord-tenant disputes and the Magistrate Court process.
• West Virginia Mobile Home and Landlord-Tenant Law: Review the full legislation for your rights and obligations.

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1. As of 2024, West Virginia has no binding "opportunity to purchase" law for mobile home park residents. See West Virginia State Code.
2. Mobile home park landlord-tenant standards: West Virginia Code §37-15 (Landlord-Tenant Law).

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