Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 10.00 - Manufactured Housing Community Regulations
Section 10.09 - Sale or Lease of a Manufactured Housing Community
Universal Citation: 940 MA Code of Regs 940.10
Current through Register 1531, September 27, 2024
(1) Unfair or Deceptive Acts or Practices: General. It shall be an unfair or deceptive act or practice in violation of M.G.L. c. 93A for an operator to fail:
(a) to give notice of any intention to sell
or lease all or part of the manufactured housing community, as required under
M.G.L. c. 140, § 32R(a);
(b)
to give notice of an offer for such a sale or lease that the operator intends
to accept, to the extent required under M.G.L. c. 140, § 32R(b);
or
(c) to unreasonably refuse to
enter into, or to unreasonably delay the execution or closing on, a purchase
and sale agreement or lease with residents who have exercised their right of
first refusal to purchase or lease the community under M.G.L. c. 140, §
32R(c) by making a bona fide offer as set forth
therein.
(2) Notice of Proposed Sale or Lease. A bona fide offer by a third party that the operator intends to accept for purposes of M.G.L. c. 140, § 32R(b) shall include any offer, except under any of the circumstances described in the last sentence of M.G.L. c. 140, § 32R(d).
(3) Residents' Right of First Refusal to Purchase or Lease. For purposes of determining residents' rights to purchase and lease under M.G.L. c. 140, § 32R(c):
(a) "reasonable evidence that the residents
of at least 51% of the occupied homes in the community have approved the
purchase of the community by such group or association" shall include, without
limitation, a document signed by such persons; and
(b) "a binding commitment for any necessary
financing or guarantees" shall include, without limitation, a contract subject
to customary and commercially reasonable pre closing and closing
conditions.
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