AB 2539: Mobilehome parks: sale: notice: right of first refusal.

Existing law, the Mobilehome Residency Law, requires the owner of a mobilehome park who enters into a written listing agreement with a licensed real estate broker for the sale of the mobilehome park or who offers to sell the mobilehome park to any party to provide written notice of the owners intention to sell to specified members of a resident organization formed by homeowners for purposes of converting the mobilehome park to condominium or stock cooperative ownership interests and for purchasing the mobilehome park. Existing law requires the owner to provide this notice not less than 30 days nor more than one year before entering into the listing agreement or offering to sell the mobilehome park. Existing law prohibits an offer to sell a park from being construed as an offer unless it is initiated by the park owner or their agent. Existing law provides various exceptions to this notice requirement, including that no notice is required unless the resident organization has first furnished the park owner or park manager with a written notice of the name and address of the president, secretary, and treasurer of the resident organization, as specified.

This bill would require the owner to provide the above-described notice if they accept an offer from any buyer. The bill would also require the owner to provide the above-described notice to all residents of the mobilehome park and the Department of Housing and Community Development not less than 120 days nor more than one year before entering into the listing agreement or offering to sell the mobilehome park. The bill would grant the resident organization a right of first refusal to the mobilehome park and give them 6 months 120 days from the time they receive the above-described notice to make an offer. The bill would require the owner to engage in good faith negotiations, as defined, with the resident organization if they are interested in purchasing the park and prohibit the owner from negotiating with or accepting an offer from another party until the above-described 6-month 120-day right of first refusal time period has elapsed. The bill would remove the above-described exceptions to the notice requirement and would remove the prohibition on an offer to sell a park from being construed as an offer unless it is initiated by the park owner or their agent.