Bill Text: IL SB2935 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Mobile Home Landlord and Tenant Rights Act. Requires a mobile home park owner to provide written notice to the officers of the homeowners' association if the park is offered for sale including in the notice the price and terms and conditions of the sale. Provides that the mobile home owners, through their association, have the right to purchase the park if the association meets the terms of the contract within 60 days of the notice. Provides that if a contract has not been executed within that 60-day period, the park owner has no further obligations under this Act unless the owner thereafter offers the park for sale at a materially lower price than the price specified in the notice. Defines "materially lower price" as 20% or more lower than the initial offer of sale. Provides that the homeowners have 10 days to meet the terms of this lower offer. Makes a number of exemptions to this requirement. Authorizes the park owner to record in the county in which the park is located an affidavit that the owner has complied with the Act's requirements. Requires that if the homeowners wish to exercise the rights under this Act, they must form an association that must be a corporation or a not-for-profit corporation with the written consent of two-thirds of all of the mobile home owners. Makes requirements for matters to be included in the homeowners' association's articles of incorporation, bylaws, and power and duties. Makes other changes.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0766 [SB2935 Detail]

Download: Illinois-2023-SB2935-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2935 Introduced 1/31/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
765 ILCS 745/6.8 new
Amends the Mobile Landlord and Tenant Act. Requires a mobile manufactured park owner to give written notice by first class mail or personal delivery to each mobile home in the park that the park owner intends to discontinue the use of the land as a park or to sell land if the transaction or sale will discontinue the use of the land as a park. Provides that the notice must be mailed or delivered at least 120 days before the discontinuance of the park or sale. Allows an association that represents 33% or more of the units in the park to notify the park owner that the association is interested in purchasing the mobile park. Allows the association 365 days after this notice is given to purchase the park as outlined in the Act. Provides that if the association and the park owner cannot agree upon a purchase price, the association shall have the right to purchase the property: (i) if the association matches the essential provisions of any existing bona fide offer to purchase the park made by another potential purchaser that the park owner is prepared to accept; or (ii) if there is no such offer, at a purchase price to be established by an appraiser chosen by the association and the park owner. Provides that if the 2 parties cannot agree upon one appraiser, either party may notify the other, in writing, of such disagreement, and the association shall choose an appraiser, the park owner shall choose an appraiser, and the 2 appraisers shall choose a third appraiser, and the 3 appraisers shall establish a value of the park. Voids any rights under this Act if no agreement for a sale signed by the association and the park owner has been filed upon the land records, or if the association has not filed a certified statement to purchase the park at the appraised value.
LRB103 38596 JRC 68732 b
A BILL FOR
SB2935 LRB103 38596 JRC 68732 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mobile Home Landlord and Tenant Rights Act
is amended by adding Section 6.8 as follows:
(765 ILCS 745/6.8 new)
Sec. 6.8. Right of first refusal.
(a) Any mobile manufactured home park owner who intends to
discontinue the use of the land as a mobile manufactured home
park or to sell land used as a mobile manufactured home park to
any person who intends to discontinue its use as a mobile
manufactured home park shall give written notice by first
class mail addressed to each mobile manufactured home unit or
by personal delivery to each unit upon such land if such
transaction will entail the discontinuance of the use of the
land for mobile manufactured home park purposes. If an owner
of a mobile manufactured home has given the park owner written
notice that the owner resides in a place other than the owner's
unit, notice shall be sent by first class mail to the address
so provided. The notice shall include a statement advising the
recipient of the intended discontinuance of use or sale and,
shall be mailed or delivered at least 120 days prior to the
discontinuance of the use of the land as a mobile manufactured

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home park. A copy of such notice from the park owner shall be
sent to any association of residents of the mobile
manufactured home park which has made a written request for
such notice.
(b) Within 60 days after the notice provided for in
subsection (a) of this Section has been mailed, any
association representing 33% or more of the units in the park,
including an association formed after the issuance of the
notice, may notify the owner of the park that it is interested
in purchasing the mobile manufactured home park. A copy of
such notice may be filed on the land records of the town in
which the mobile manufactured home park is located. If such
notice is given, the association shall have 365 days after the
notice required in subsection (a) of this Section has been
given to purchase the park through negotiation or the method
set forth in subsection (c) of this Section. Upon the request
of the association, the Department of Public Health shall
assist the association in developing financing for the
purchase of the park.
(c) If the association and the park owner cannot agree
upon a purchase price, the association shall have the right to
purchase the property:
(1) If the association matches the essential
provisions of any existing bona fide offer to purchase the
park made by another potential purchaser which offer by
such other purchaser the owner is prepared to accept; or

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