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2022 SESSION
22102276DBe it enacted by the General Assembly of Virginia:
1. That § 55.1-1308.2 of the Code of Virginia is amended and reenacted as follows:
§ 55.1-1308.2. Notice of intent to sell.
A. A manufactured home park owner who offers or lists the park for sale to a third party shall provide written notice containing the date on which the notice is sent and the price for which the park is to be offered or listed for sale. Such notice shall be sent to the locality where the park is located and to the Department of Housing and Community Development, which shall make the information available on its website within five business days of receipt. Such written notice shall also be given to each tenant of the manufactured home park, in accordance with § 55.1-1202, at least 90 days prior to accepting an offer. Such notice shall be written in clear, understandable language, and any tenant who is unable to speak or understand English adequately enough to understand the content of such notice shall be provided with such notice translated into his preferred language. A manufactured home park owner shall consider any offers to purchase received during such 90-day notice period. For purposes of this section, "third party" does not include a member of the manufactured park owner's family by blood or marriage or a person or entity that owns a portion of the park at the time of the offer or listing of such manufactured home park. Nothing shall be construed to require any subsequent notice by the manufactured home park owner after the written notice provided in this section.
B. If a manufactured home park owner receives an offer to
purchase the park, acceptance of that offer shall be contingent upon the park
owner sending written notice of the proposed sale and, including the purchase price, the name of the prospective purchaser, the length
of any due diligence periods, and any contingencies in the
real estate purchase contract at least 60 90 days before the closing
date on such purchase contract to the locality where the
park is located and to the Department of Housing and
Community Development, which shall place the information on its website within
five business days of receipt. Such written notice shall also be given to each
tenant of the manufactured home park. Such notice shall explain
the terms of the offer in clear, understandable language, and any tenant who is
unable to speak or understand English adequately enough
to understand the content of such notice shall be provided with such notice
translated into his preferred language. During the 60-day
90-day notice period, the park owner shall consider
additional offers to purchase the park made by an entity that provides
documentation that it represents at least 25 percent of the tenants with a
valid lease in the manufactured home park at the time any such offer is made,
but shall not be obligated to consider additional offers after the expiration
of the 60-day
90-day notice period. Nothing shall be construed to require
any subsequent notice by the manufactured home park owner after provision of
the written notice required by this section.