Is the park owner required to offer residents the right-of-first-refusal to buy the park when it is put up for sale?
No. Although the MRL provides that the park management must give the governing board of the park homeowners
association a 30-day written notice of the park owner’s intention to offer or list the park for sale, the notice is not a
“right of first refusal,” does not apply to sales other than to offers or listings initiated by the park owner, and is only
applicable if certain conditions are met. (Civil Code §798.80) In order to receive the notice, residents must form a
homeowners association for the purpose of buying the park and register with the Secretary of State. The
homeowners association must notify the park each year of the residents’ interest in buying the park. The notice
requirement does not apply to the sale or transfer of the park to corporate affiliates, partners, or relatives, or
transfers triggered by gift, devise, or operation of law, eminent domain, foreclosure, or transfers between joint
tenants or tenants in common.
Recap:
● When selling the park, the park owner is not required to make the first offer to the homeowners’ association.
● The homeowners’ association may notify the park if it is interested in buying the park but it does not have the
right of first refusal.