SPONSOR:

Rep. Baumbach

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 106

AMEND House Bill No. 106 by striking lines 5 thru 7 in their entirety and substituting in lieu thereof the following:

association remains valid for 12 6 months, unless withdrawn by the home owner association in writing and sent to the community owner by overnight service with signature receipt. If the community is still for sale at the expiration of the initial six month alternative offer period, the home owners association shall have the right to refresh their alternative offer within seven days of its expiration upon written notice to the community owner. The refreshed offer will be valid for six months. The home owners association shall have the right to refresh their offer every six months until the property is sold or five years has elapsed from the time the property was first listed for sale, whichever comes first. The alternative offer and any refreshed alternative offer may be amended at any time upon written notice to the community owner. In the event a community owner decides they no longer want to sell a community after having provided the home owners association with the notice of first offer, any outstanding alternative offer shall be void. The community owner shall promptly notify the home owners association of their decision to remove the community from the market.

SYNOPSIS

This amendment provides that a manufactured home owners association’s (“HOA”) alternative purchase offer remains valid for 6 months. If the community is still for sale after the initial 6 month period, the HOA can refresh their alternative offer, and such offer will be valid for another 6 months. The HOA can refresh their offer every 6 months until the property is sold or 5 years has elapsed from the time the property was first listed for sale, whichever comes first. The HOA's alternative offer and any refreshed offer will be void if the community owner decides they no longer want to sell the community.