Cal. Civ. Code § 38-12-217

(1) 
Except as specified in subsection (12) of this section:

(a) (I) 
A landlord shall provide notice of the landlord's intent to sell the park
within fourteen days of a triggering event demonstrating the landlord's intent
to sell. The notice must be given in accordance with the requirements of
subsection (2) of this section.

(II) A
triggering event requiring notice under this subsection (1)(a) includes any
time the landlord:

(A) 
Signs a contract with a real estate broker or brokerage firm to list the park
for sale or to sell or transfer the park;

(B) 
Signs a letter of intent, option to sell or buy, or other conditional written
agreement with a potential buyer for the sale or transfer of the park, which
includes the estimated price, terms, and conditions of the proposed sale or
transfer, even if such price, terms, or conditions are subject to change;

(C) 
Signs a contract with a potential buyer's real estate broker or brokerage firm
related to the potential sale or transfer of the park;

(D) 
Accepts an earnest money promissory note or deposit from a potential buyer for
the sale or transfer of the park;

(E) 
Responds to a potential buyer's due diligence request for the park;

(F) 
Provides a signed property disclosure form for the park to a potential buyer;

(G) 
Lists the park for sale;

(H) 
Makes a conditional acceptance of an offer for the sale or transfer of the
park;

(I) 
Takes any other action demonstrating an intent to sell the park; or

(J) 
Receives a notice of election and demand or lis pendens related to foreclosure
of the park pursuant to part 1 of article 38 of this title 38 or a notice that
a certificate of levy has been filed related to the park pursuant to section
13-56-101.

(b) A
landlord shall provide notice of the landlord's intent to change the use of the
land comprising the mobile home park in accordance with the requirements of
subsection (2) of this section at least twelve months before the change in use
will occur.

(c) No
earlier than ninety days after giving the notice required by subsection (1)(a)
of this section, a landlord may post information in a public space in the
mobile home park describing the method for providing a signed writing to the
mobile home park owner related to the opportunity to purchase. The posting must
include standard forms created by the department of local affairs related to
the opportunity to purchase and the rights of mobile home park owners related
to the opportunity to purchase, including a standardized form developed by the
department of local affairs for the landlord to use to request the signatures
of home owners who decline to participate in efforts to purchase a community.
If, no earlier than ninety days after a landlord provides the notice required
by subsection (1)(a) of this section, at least fifty percent of the home owners
who reside in the park provide signed writings to the landlord declining to
participate in purchasing the park, then the opportunity to purchase provided
by subsection (4) of this section terminates even if the one-hundred-twenty-day
period provided for in subsection (4)(a) of this section has not yet elapsed.

(d) A
landlord shall not solicit or request a home owner's intention or a signed
writing related to the opportunity to purchase during the initial ninety days
after giving notice pursuant to subsection (1)(a) of this section. During the
time period for considering an opportunity to purchase, a landlord shall not
attempt to coerce, threaten, or intimidate a home owner or provide any
financial or in-kind incentives to a home owner to influence the home owner's
vote or decision and shall not take retaliatory action against a home owner
after the home owner's vote or decision. Any complaints alleging violation of
this subsection (1) may be resolved under part 11 of this article 12 and
subsection (15) of this section.

(2) Notice
- requirements.

(a) [ Editor's
note: This version of the introductory portion to subsection (2)(a) is
effective until January 1, 2027. ] To provide notice as required by
subsection (1)(a) or (1)(b) of this section, the landlord shall mail the notice
in both English and Spanish by certified mail to:

(a) [ Editor's
note: This version of the introductory portion to subsection (2)(a) is
effective January 1, 2027. ] To provide notice as required by subsection
(1)(a) or (1)(b) of this section, a landlord shall mail the notice in both
English and Spanish by certified mail to:

(I) 
Each home owner, using the most recent address of the home owner, and shall
post a copy of the notice in a conspicuous place on the mobile home or at the
main point of entry to the lot;

(II) [ Editor's
note: This version of subsection (2)(a)(II) is effective until January 1, 2027. ] 
The municipality or, if the park is in an unincorporated area, the county
within which the park is located;

(II) [ Editor's
note: This version of subsection (2)(a)(II) is effective January 1, 2027. ] 
The clerk of the municipality or, if the park is in an unincorporated area, the
county clerk of the county within which the park is located;

(III) 
The division of housing in the department of local affairs; and

(IV) 
Each home owners' association, residents' association, or similar body that
represents the residents of the park.

(b) In
addition to mailing the notice, the landlord shall:

(I) 
Provide the notice in both English and Spanish by email to each resident who
has an email address on file with the landlord; and

(II)
(A) Post the notice in both English and Spanish in a clearly visible
location in common areas of the mobile home park, including any community hall
or recreation hall. The notice must remain publicly posted for a period of at
least one hundred twenty days from the date it is posted or until the
opportunity to purchase has expired.

(B) The
landlord shall make a good faith effort to comply with the notice requirement
in subsection (2)(b)(II)(A) of this section. A good faith effort by the
landlord to comply with the notice requirement in subsection (2)(b)(II)(A) of
this section will not render a sale of a park to be out of compliance with this
section.

(3) Contents
of notice. [ Editor's note: This version of subsection (3) is
effective until January 1, 2027. ] The notice given pursuant to
subsection (1)(a) of this section must include notice of home owners' rights
and remedies under this section. If the triggering event involves a potential
sale, the notice must also include a description of the property to be
purchased; the price, terms, and conditions of an acceptable offer the landlord
has received to sell the mobile home park or the price or terms and conditions
for which the landlord intends to sell the park; and any other terms or
conditions which, if not met, would be sufficient grounds, in the landlord's
discretion, to reject an offer from a group of home owners or their assignees.
The price, terms, and conditions stated in the notice must be universal and
applicable to all potential buyers and must not be specific to and prohibitive
of a group or association of home owners or their assignees making a successful
offer to purchase the park. The information regarding the proposed sale and the
price, terms, and conditions of an acceptable offer may be shared for the
purposes of evaluating or obtaining financing for the prospective transaction,
but all persons who receive the information shall otherwise keep it
confidential if the landlord or the landlord's agent so requests.

(3) Contents
of notice. [ Editor's note: This version of subsection (3) is
effective January 1, 2027. ]

(a) 
Except as provided in subsection (3)(f) of this section, the notice given
pursuant to subsection (1)(a) of this section must include notice of home
owners' rights and remedies under this section.

(b) If
the triggering event involves a potential sale, the notice must also include:

(I) A
description of the property to be purchased;

(II) 
The price, terms, and conditions of an acceptable offer the landlord has
received to sell the mobile home park or the price or terms and conditions for
which the landlord intends to sell the park;

(III) A
statement that the landlord must provide the following information and
documentation that is in the landlord's possession or control to a home owner
upon request:

(A) An
explanation and documentation of the basis for the purchase price, such as
aggregate rental data, rent projections, recent appraisals of the property, or
formulas that use nonpublic market data;

(B) 
Disclosure of the age of major infrastructure in the mobile home park,
including the park's water lines, sewer lines, wastewater treatment equipment,
drinking water treatment equipment, plumbing, and electrical equipment and
electrical infrastructure;

(C) Documentation
of infrastructure inspections, maintenance, and repair services that have
occurred in the mobile home park in the previous three years;

(D) The
most up-to-date rent roll and any documentation, with personal identifying
information redacted, that shows current rents, charges, outstanding balances,
information regarding landlord ownership of any mobile homes in the mobile home
park, and the current vacancy rate of the mobile home park; and

(E) 
Operating expenses and income for the mobile park for the previous three years
on a year-by-year basis with specific line items for rents; fees; any electric,
gas, water, sewer, or solid waste disposal utility bills; any other recurring
bills; and any invoices over five hundred dollars; and

(IV) 
Any other terms or conditions which, if not met, would be sufficient grounds,
in the landlord's discretion, to reject an offer from a group of home owners or
their assignees.

(c) The
price, terms, and conditions stated in the notice must be universal and
applicable to all potential buyers and must not be specific to and prohibitive
of a group or association of home owners or their assignees making a successful
offer to purchase the park.

(d) (I) 
If the potential sale is a portfolio sale that includes real property or
structures not located in the mobile home park in addition to the mobile home
park, the notice must include any change or discount in the price, terms, or
conditions of a proposed sale that includes more than one piece of real
property or structures not located in the mobile home park.

(II) 
Any change or discount disclosed pursuant to subsection (3)(d)(I) of this
section must also be made available to home owners of the mobile home park on
the same terms and with the same proportionate discount, even if the home
owners submit an offer to purchase only the mobile home park.

(III) 
For the purpose of determining the proportionate discount required by
subsection (3)(d)(II) of this section, the total discount that applies to the
portfolio sale represented as a percentage must be applied pro rata to the
price of any individual mobile home park involved in the portfolio sale.

(e) The
information regarding the proposed sale and the price, terms, and conditions of
an acceptable offer may be shared for the purposes of evaluating or obtaining
financing for the prospective transaction, but all persons that receive the
information shall otherwise keep it confidential if the landlord or the
landlord's agent so requests.

(f) If
a triggering event described in subsection (1)(a)(II)(H) of this section
occurs, the notice provided by the landlord pursuant to section 38-12-217 (2)
and (3) must also disclose if a purchase and sale agreement has been executed
and include a statement that a landlord must provide a copy of the purchase and
sale agreement to a home owner upon request pursuant to section 38-12-217
(5)(a)(I)(B).

(4) Offer
to purchase - who may submit - time limits.

(a) A
group or association of home owners or their assignees have one hundred twenty
days after the date that the landlord mails a notice required by subsection
(1)(a) of this section to:

(I) 
Submit to the landlord a proposed purchase and sale agreement and obtain an
offer for any necessary financing or guarantees; or

(II) 
Submit to the landlord an assignment agreement pursuant to subsection (8) of
this section.

(b) 
Notwithstanding subsection (4)(a) of this section, if a foreclosure sale of the
park is scheduled for less than one hundred twenty days after the landlord
mails a notice required by subsection (1)(a) of this section, the opportunity
granted by subsection (4)(a) of this section terminates on the date of the
foreclosure sale.

(c) A
group or association of home owners or their assignees has the opportunity
granted by subsection (4)(a) of this section if the group or association of
home owners or their assignees have the approval of at least fifty-one percent
of the home owners in the park. The group or association of home owners or
their assignees must submit to the landlord reasonable evidence that the home
owners of at least fifty-one percent of the occupied homes in the park have
approved the group or association purchasing the park.

(5) Landlord's
duty to consider offer. A landlord that has given notice as required by
subsection (1)(a) of this section shall:

(a) [ Editor's
note: This version of subsection (5)(a) is effective until January 1, 2027. ] 
Provide documents, data, and other information in response to reasonable
requests for information from a group or association of home owners or their
assignees participating in the opportunity to purchase that would enable them
to prepare an offer. The documents, data, and other information provided may be
shared for the purposes of evaluating or obtaining financing for the
prospective transaction, but all persons who receive the information shall
otherwise keep it confidential if the landlord or the landlord's agent so
requests.

(a) [ Editor's
note: This version of subsection (5)(a) is effective January 1, 2027. ]

(I) 
Provide documents, data, and other information in response to reasonable
requests for information from a group or association of home owners or their
assignees participating in the opportunity to purchase that would enable them
to prepare an offer, which documents, data, or information must include:

(A) The
information, documentation, and data described in subsection (3)(b)(III) of
this section;

(B) An
unredacted copy of the purchase and sale agreement; and

(C) Any
other due diligence information.

(II) 
The documents, data, and other information provided pursuant to subsection
(5)(a)(I) of this section may be shared for the purposes of evaluating or
obtaining financing for the prospective transaction, but a person that receives
the information shall otherwise keep it confidential if the landlord or the
landlord's agent so requests.

(III) A
landlord shall provide the documents, data, and other information described in
subsection (5)(a)(I) of this section within seven calendar days after the
landlord receives the request for information.

(b) [ Editor's
note: This version of subsection (5)(b) is effective until January 1, 2027. ]

(I) 
Negotiate in good faith with a group or association of home owners or their
assignees.

(II) 
For purposes of this subsection (5)(b), negotiating in good faith includes, but
is not limited to, evaluating an offer to purchase from a group of home owners
or their assignees without consideration of the time period for closing, the
type of financing or payment method, whether or not the offer is contingent on
financing or payment method or whether or not the offer is contingent on
financing, an appraisal, or title work; and providing a written response within
seven calendar days of receiving an offer from a group of home owners or their
assignees. The written response must accept or reject the offer, and if the
offer is rejected, must state:

(A) The
current price, terms, or conditions of an acceptable offer that the landlord
has received to sell the mobile home park if the price, terms, or conditions
have changed since the landlord gave notice to the home owners pursuant to
subsection (3) of this section; and

(B) Why
the landlord is rejecting the offer from a group of home owners and what terms
and conditions must be included in a subsequent offer for the landlord to
potentially accept it.

(III) 
The price, terms, and conditions of an acceptable offer stated in the response
must be universal and applicable to all potential buyers and must not be
specific to and prohibitive of a group or association of home owners or their
assignees making a successful offer to purchase the park.

(b) [ Editor's
note: This version of subsection (5)(b) is effective January 1, 2027. ]

(I) 
Negotiate in good faith with a group or association of home owners or their
assignees.

(II) 
For purposes of this subsection (5)(b), negotiating in good faith includes, but
is not limited to:

(A) 
Evaluating an offer to purchase from a group of home owners or their assignees
without consideration of the time period for closing; the type of financing or
payment method; whether the offer is contingent on financing or payment method;
whether the offer is contingent on inspections, financing, an appraisal, title
work, or the due diligence period required by the home owners or their lenders
or donors; and

(B) 
Providing a written response within seven calendar days after receiving an
offer from a group of home owners or their assignees.

(II.5) 
The written response described in subsection (5)(b)(II) of this section must
accept or reject the offer and, if the offer is rejected, must state:

(A) The
current price, terms, or conditions of an acceptable offer that the landlord
has received to sell the mobile home park if the price, terms, or conditions
have changed since the landlord gave notice to the home owners pursuant to
subsection (3) of this section; and

(B) Why
the landlord is rejecting the offer from a group of home owners and what terms
and conditions must be included in a subsequent offer for the landlord to
potentially accept it.

(III) 
The price, terms, and conditions of an acceptable offer stated in the response
must be universal and applicable to all potential buyers and must not be specific
to and prohibitive of a group or association of home owners or their assignees
making a successful offer to purchase the park.

(c) 
Schedule a closing date for a purchase and sale agreement.

(6) Expiration
of opportunity to purchase.

(a) If
the one-hundred-twenty-day period provided for in subsection (4)(a) of this
section elapses and a group or association of home owners or their assignees
have not submitted a proposed purchase and sale agreement or obtained a
financial commitment, the group's or association's opportunities provided by
this section terminate.

(b) [ Editor's
note: This version of subsection (6)(b) is effective until January 1, 2027. ] 
A landlord shall give a group or association of home owners or their assignees
an additional one hundred twenty days after the one-hundred-twenty-day period
provided by subsection (4)(a) of this section to close on the purchase of the
mobile home park.

(b) [ Editor's
note: This version of subsection (6)(b) is effective January 1, 2027. ] 
A landlord shall give a group or association of home owners or their assignees
an additional one hundred twenty days after the one-hundred-twenty-day period
provided by subsection (4)(a) of this section to close on the purchase of the
mobile home park. The one-hundred-twenty-day period to close must include at
least a ninety-day due diligence period.

(7) Extension
or tolling of time.

(a) The
one-hundred-twenty-day periods described in subsections (4)(a) and (6)(b) of
this section may be extended by written agreement between the landlord and the
group or association of home owners or their assignees.

(b) The
group or association of home owners or their assignees are entitled to tolling
of the time periods described in subsections (4)(a) and (6)(b) of this section
in any of the following circumstances:

(I) If
there is a reasonable delay in obtaining financing or a required inspection or
survey of the land that is outside the control of the group or association of
home owners or their assignees, the time period is tolled for the duration of
the delay;

(II) If
the group or association of home owners or their assignee files a nonfrivolous
complaint with the department of local affairs alleging a violation of this
section, the time period is tolled until the department of local affairs issues
a written notice of violation or notice of nonviolation that has become a final
agency order determining whether a violation has occurred or the parties reach
a resolution by signing a settlement agreement approved by the department of
local affairs; and

(III) 
If the group or association of home owners has attempted to assign their rights
pursuant to subsection (8) of this section, the time period is tolled from the
time the group or association makes the offer of assignment until the potential
assignee either confirms in writing that the offer is rejected or a written
assignment contract is executed; except that the time period shall not be
tolled for more than ninety days pursuant to this subsection (7)(b)(III).

(8) Assignment
of right to purchase.

(a) A
group or association of home owners or their assignees that have the
opportunity to purchase under subsection (4) of this section may assign their
purchase right to a local government, tribal government, housing authority,
nonprofit with expertise related to housing, or the state or an agency of the
state for the purpose of continuing the use of the park.

(b) (I) 
If a group or association of home owners or their assignees comprising more
than fifty percent of home owners in a park choose to assign their rights to a
public entity under this subsection (8), the home owners or their assignees
shall enter into a written assignment contract with the public entity. The
assignment contract must include the terms and conditions of the assignment and
for how the park will be operated if the public entity purchases the park. The
assignment contract must provide that the terms and conditions are applicable
to any designee selected by the public entity pursuant to subsection (8)(b)(II)
of this section. The terms and conditions may include, but are not limited to:

(A) Any
deed restrictions that may be required or permitted regarding the lots or the
houses in the park;

(B) Any
restrictions on rent or fee increases that apply if the public entity purchases
the park;

(C) Any
required conditions, such as the required demonstration of approval from home
owners, for redeveloping or changing the use of some or all of the park;

(D) A
management agreement for how the park will be operated if the public entity
purchases the park;

(E) Any
changes to park rules or regulations that apply if the public entity purchases
the park; and

(F) Any
agreement between the parties regarding the transfer of statutory
responsibilities associated with managing the park, and any limitations or
waivers of liability.

(II) A
public entity shall only exercise its right of first refusal for the purpose of
preserving the mobile home park as long-term affordable housing. The public
entity may designate a housing authority or other political subdivision to
purchase the park pursuant to the public entity's right of first refusal for
this purpose if the option for a designation is expressly agreed to in the
assignment contract.

(III) 
The public entity or its designee shall promptly provide notice of the
assignment contract to the landlord.

(c) (I) 
If a landlord receives notice that a group or association of home owners has
entered an assignment contract with a public entity pursuant to subsection
(8)(b) of this section, the landlord shall provide a right of first refusal to
the public entity or its designee. Any purchase and sale agreement entered into
by the landlord must be contingent upon the right of first refusal of the
public entity or its designee to purchase the mobile home park.

(II) 
Within thirty days after receiving notice of an assignment contract, the
landlord shall provide the public entity or its designee with the terms upon
which the landlord would accept an offer to sell the park or a contingent
purchase and sale agreement that is effective upon its execution. The public
entity has one hundred twenty days from the date the public entity or its
designee receives the terms or contingent purchase and sale agreement to notify
the landlord of the public entity's intent to purchase the mobile home park or
of the public entity's intent to facilitate the purchase of the mobile home
park by its designee.

(III) 
The landlord shall sell the mobile home park to the public entity or its
designee if, within the one-hundred-twenty-day period, the public entity or its
designee:

(A) 
Notifies the landlord of its intent to purchase the park or facilitate the
purchase of the park by its designee;

(B) 
Accepts the contingent purchase and sale agreement provided by the landlord or
offers the landlord terms that are economically substantially identical to the
terms of the contingent purchase and sale agreement or to the terms the
landlord provided pursuant to subsection (8)(c)(II) of this section; and

(C) 
Commits to close within one hundred twenty days from the date the public entity
or its designee and the owner sign a purchase and sale agreement.

(IV) 
For the purpose of determining whether the terms of an offer are economically
substantially identical under subsection (8)(c)(III)(B) of this section, it is
immaterial how the offer would be financed.

(d) A
landlord shall not take any action that would preclude the public entity or its
designee from succeeding to the rights of and assuming the obligations of the
designee of the terms of the contingency purchase and sale agreement or
negotiating with the landlord for the purchase of the mobile home park during
the notice periods identified in this section.

(e) In
addition to any other times, during the notice periods identified in this
section, a public entity may pursue preservation of the mobile home park as
affordable housing through negotiation for purchase or through condemnation.

(f) As
used in this subsection (8), "public entity" means the state, an
agency of the state, a local government, a tribal government, or any political
subdivision of the state, a local government, or a tribal government.

(9) Independence
of time limits and notice provisions.

(a) Except
as provided in subsection (9)(b) of this section, each occurrence of a
triggering event listed in subsection (1)(a) of this section creates an
independent, one-hundred-twenty-day opportunity to purchase for the group or
association of home owners or their assignees. If a one-hundred-twenty-day
opportunity to purchase is in effect and a new triggering event occurs, the
ongoing one-hundred-twenty-day time period terminates and a new
one-hundred-twenty-day time period begins on the latest date on which the
landlord gives notice, as required by subsection (1)(a) or (2) of this section,
of the new triggering event.

(b) A
landlord is not required to provide a new or subsequent notice of intent to
sell for each triggering event listed in subsection (1)(a) of this section if:

(I) (A) 
The new demonstration of intent occurs within sixty calendar days of the
certified mailing of the most recent notice under subsection (2) of this
section; and

(B) 
There are no material changes to the identity of a potential buyer if the
landlord has made a conditional agreement with a buyer; to the time when the
park is listed for sale; or to the price, terms, and conditions of an
acceptable offer the landlord has received to sell the mobile home park or for
which the landlord intends to sell the park, which were included in the most
recent notice provided pursuant to subsection (1)(a) of this section; or

(II) 
The landlord is only considering an offer from a group or association of home
owners who reside in the park; except that a landlord shall provide a new or
subsequent notice if at any point there is a new triggering event specified in
subsection (1)(a) of this section involving a different party.

(b.5) 
Any material change to the price, terms, and conditions of an acceptable offer
the landlord has received to sell the mobile home park or for which the
landlord intends to sell the park is considered a new triggering event,
requiring a new notice pursuant to subsection (1)(a) of this section and
creating a new one-hundred-twenty-day time period.

(c) A
notice required under this section is in addition to, and does not substitute
for or affect, any other notice requirement under this part 2.

(10) A
landlord shall not make a final, unconditional acceptance of any offer for the
sale or transfer of the park until:

(a) The
landlord has considered an offer made by a group or association of home owners
or their assignees pursuant to subsections (4), (5), and (8) of this section;
or

(b) The
applicable period for exercise of the opportunity to purchase has expired
pursuant to subsection (6) of this section.

(11) Failure
to complete transaction - affidavit of compliance. If the group or
association of home owners or their assignees are not the successful purchaser
of the park, the landlord shall provide evidence of compliance with this
section by filing an affidavit of compliance with:

(a) The
municipality or, if the park is in an unincorporated area, the county, within
which the park is located; and

(b) The
division of housing in the department of local affairs.

(12) Exemptions
from notice requirement. Notwithstanding any provision to the contrary, a
landlord is not required to give notice or extend an opportunity to purchase to
a group or association of home owners or their assignees if the sale, transfer,
or conveyance of the mobile home park is:

(a) To
a spouse, a partner in a civil union, or a parent, sibling, aunt, uncle, first
cousin, or legally recognized child of the landlord;

(b) To
a trust the beneficiaries of which are the spouse, partner in a civil union, or
legally recognized children of the landlord;

(c) (I) 
To a business entity or trust that the transferring business entity or trust
controls, directly or indirectly.

(II) As
used in this subsection (12)(c), "controls" means:

(A) 
Owns entirely as a subsidiary;

(B) 
Owns a majority interest in; or

(C) 
Owns as large an ownership interest as any other owner, with a minimum
ownership interest of twenty-five percent.

(d) To
a family member who is included within the line of intestate succession if the
landlord dies intestate;

(e) 
Between joint tenants or tenants in common; or

(f) 
Pursuant to eminent domain.

(13) [ Editor's
note: This version of subsection (13) is effective until January 1, 2027. ] 
To qualify for an exemption under subsection (12) of this section, a
transaction must not be made in bad faith, must be made for a legitimate
business purpose or a legitimate familial purpose consistent with the
exemptions listed in subsection (12) of this section, and must not be made for
the primary purpose of avoiding the opportunity-to-purchase provisions set
forth in this section.

(13) [ Editor's
note: This version of subsection (13) is effective January 1, 2027. ]

(a) To
qualify for an exemption under subsection (12) of this section, a transaction
must not be made in bad faith, must be made for a legitimate business purpose
or a legitimate familial purpose consistent with the exemptions listed in
subsection (12) of this section, and must not be made for the primary purpose
of avoiding the opportunity-to-purchase provisions set forth in this section.

(b) (I) 
Except for a sale or transfer described in subsection (12) of this section and
a sale conducted as a federal internal revenue service section 1031 exchange, a
proposed sale of a mobile home park must be conducted as an arms-length
transaction with the landlord and buyer acting independently and in good faith.

(II) 
The landlord of a mobile home park shall not collude with a potential buyer, or
engage in other anticompetitive practices, for the primary purpose of inflating
the listing or purchase price of the mobile home park above the park's fair
market value or otherwise engaging in practices to prohibit the purchase of the
mobile home park by a group or association of home owners.

(14) Triggering
events not essential.

(a) A
group or association of home owners or their assignees may submit an offer to
purchase to a landlord at any time, even if none of the events listed in
subsection (1)(a) of this section has occurred.

(b) The
landlord shall consider in good faith any offer made in accordance with
subsection (14)(a) of this section.

(14.5) [ Editor's
note: Subsection (14.5) is effective January 1, 2027. ] A landlord must
provide the following information to the division; the attorney general; a
local government; or any group or association of home owners, or their
assignees, that has obtained the approval of fifty-one percent or more of the
homeowners in the park within fourteen calendar days after receiving a written
request:

(a) The
information required by subsection (3) of this section;

(b) A
disclosure of any directors, members, or managers shared between the landlord
and the potential buyer of the mobile home park or any of the buyer's investors
or affiliates;

(c) A
disclosure of all beneficial owners of the landlord and the potential buyer;

(d) A
disclosure of any legal entities formed or amended for the purpose of the
transaction and the operating agreement, articles of incorporation, or bylaws
of any such legal entities;

(e) The
disclosure of any agreement other than the purchase and sale agreement between
the landlord and the potential buyer or the buyer's investors or affiliates,
including any agreement that:

(I) 
Relates to the transaction to sell or purchase the mobile home park;

(II) 
Affects the price or terms of the transaction to sell or purchase the mobile
home park, including any agreement in a separate transaction that includes a
reduction in price, offset, or deduction related to the sale or purchase of the
mobile home park; or

(III) 
Relates to the distribution of proceeds from the sale of the mobile home park
or other assets or equity interests;

(f) 
Information regarding the buyer's source of financing, including specific
lenders, if applicable, and whether the landlord is providing any financing
directly or through a partnership agreement with the buyer;

(g) 
Whether the sale of the mobile home park is part of an asset, stock, or other
equity purchase and, if so, an explanation of how the purchase price of the
mobile home park was calculated based on the price of the equities involved and
any documentation to support the calculation of the purchase price; and

(h) An
unredacted copy of the purchase and sale agreement.

(15) Penalties
and enforcement.

(a) (I) 
For purposes of this title 38, the rights accorded to home owners in this
section are property interests.

(II) 
Any title transferred subsequent to the triggering events in subsection (1)(a)
of this section is defective unless the property interests of the home owners
as set forth in subsection (15)(a)(I) of this section are secured or until an
equitable remedy has been provided.

(b) If
the division of housing in the department of local affairs receives a complaint
filed in accordance with part 11 of this article 12, the division shall
investigate the alleged violations at the division's discretion, and, if
appropriate, facilitate negotiations between the complainant and respondent in
accordance with part 11 of this article 12. The division may also investigate
possible violations of this section upon its own initiative. In addition to the
remedies described in section 38-12-1105, the division may:

(I) 
Impose a fine on the seller of the mobile home park in an amount not to exceed
thirty percent of the sale or listing price of the park, whichever is greater,
which the division shall distribute to the home owners in the park; or

(II) 
File a civil action for injunctive or other relief in the district court for
the district in which the park is located.

(c) 
Subject to available resources, the attorney general may investigate possible
violations of this section. If the attorney general makes a preliminary finding
that a landlord or seller of a mobile home park substantially failed to comply
with this section, and if continuation of the sale is likely to result in
significant harm to the property interests of the home owners as set forth in
subsection (15)(a)(II) of this section, the attorney general:

(I) 
Shall inform the registrar of titles that the home owners with property
interests under this section have an adverse claim on the property, which must
be recorded on the certificate of title;

(II) 
May, pursuant to section 38-36-131 and subject to the time limits of section
38-36-132, issue an order providing temporary injunctive relief to preserve the
ownership status quo if the order is issued prior to a transfer of title or to
revert the ownership to status quo ante subject to the limitations of article
41 of this title 38 if the order is issued after the transfer of title; and

(III) 
May continue to investigate, negotiate, and, if appropriate, file a civil
action to secure and enforce the rights of home owners under this section or to
secure an equitable remedy on their behalf.

(d) One
or more home owners or their assignees may file a civil action alleging a
violation of this section pursuant to section 38-12-220.