LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
378
JULY 2, 2023 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 1239 - L.D. 1931
An Act to Foster Stable and Affordable Home Ownership in Mobile Home
Parks by Amending the Laws Relating to the Sale of Mobile Home Parks
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §9094-A, sub-§1, as enacted by PL 1989, c. 768, is repealed and
the following enacted in its place:
1. Notice required. The owner of a mobile home park shall give notice of the intent
to sell the mobile home park to each owner of a mobile home in the mobile home park and
to the Maine State Housing Authority. The owner of the mobile home park may not make
a final unconditional acceptance of an offer for the sale of the mobile home park earlier
than the 60th day after the date the notice was mailed as required by this subsection. The
notice must include:
A. A statement that a group of mobile home owners or a mobile home owners'
association of the mobile home park may make an offer to purchase the mobile home
park within 60 days of the mailing date of the notice; and
B. Either:
(1) The price, terms and conditions for which the owner of the mobile home park
intends to sell the mobile home park; or
(2) The price, terms and conditions of any acceptable offer the owner of the mobile
home park has received for the mobile home park, including a signed copy of the
written offer that contains a description of the property. The owner may redact the
name, address, contact information or other identifying information of the party
making the offer.
The notice must be mailed by certified mail, return receipt requested, to each mobile home
owner at the mobile home owner's home address and to the Maine State Housing Authority.
Sec. 2. 10 MRSA §9094-A, sub-§2, as enacted by PL 1989, c. 768, is repealed.
Sec. 3. 10 MRSA §9094-A, sub-§3, as enacted by PL 1989, c. 768, is repealed.
Sec. 4. 10 MRSA §9094-A, sub-§3-A is enacted to read:
Page 1 - 131LR1533(03)
 3-A. Group of mobile home owners or a mobile home owners' association
purchase. The owner of a mobile home park shall consider any offer received before the
60th day after the date the notice was mailed as required by subsection 1 from a group of
mobile home owners or a mobile home owners' association, as long as the mobile home
owners of at least 51% of the mobile homes in the mobile home park that are occupied by
the mobile home owner or a family member of the mobile home owner sign a petition or
otherwise indicate in writing that they support making the offer. The owner of the mobile
home park shall negotiate in good faith with the group of mobile home owners or the mobile
home owners' association concerning a purchase pursuant to an offer made under this
subsection. For the purposes of this subsection, negotiating in good faith does not require
the owner of a mobile home park to accept an offer to purchase made by a group of mobile
home owners or the mobile home owners' association. An offer made by the group of
mobile home owners or the mobile home owners' association must include a purchase and
sale agreement. If the owner of the mobile home park accepts the offer of the group of
mobile home owners or the mobile home owners' association, the group of mobile home
owners or the mobile home owners' association must obtain appropriate financing before
the 90th day after the execution date of the purchase and sale agreement.
Sec. 5. 10 MRSA §9094-A, sub-§3-B is enacted to read:
3-B. Applicability. This section does not apply to:
A. A sale after foreclosure by a bank, mortgage company or other mortgagee at a
foreclosure sale or a sale after purchase at a foreclosure sale;
B. A sale or transfer to a family member of the owner of the mobile home park or to a
trust, the beneficiaries of which are family members of the owner of the mobile home
park. For purposes of this paragraph, "family member" means a person identified in
Title 18-C, section 2-102 as eligible for intestate share;
C. A sale or transfer by a partnership to one or more of its partners;
D. A conveyance of an interest in the mobile home park incidental to the financing of
the mobile home park;
E. A sale or transfer between owners of the mobile home park who are joint tenants or
tenants in common;
F. A sale pursuant to the exercise of the power of eminent domain; or
G. A transfer that is by gift, devise, judicial decree or operation of law.
The requirements of this section apply separately to each substantially different offer to sell
or purchase a mobile home park.
Sec. 6. 10 MRSA §9094-A, sub-§3-C is enacted to read:
3-C. Affidavit of compliance. A mobile home park owner may record in the registry
of deeds of the county or district in which the mobile home park is located an affidavit in
which the park owner certifies that:
A. The mobile home park owner has complied with the requirements of this section;
or
B. The sale of the mobile home park is exempted from the requirements of this section
pursuant to subsection 3-B.
Page 2 - 131LR1533(03)
The mobile home park owner may send a copy of the affidavit to the Maine State Housing
Authority.
A party acquiring an interest in a mobile home park, a title insurance company and an
attorney preparing, furnishing or examining evidence of title of the mobile home park may
rely on the truth and accuracy of the statements appearing in an affidavit filed under this
subsection and are under no obligation to inquire further as to any matter or fact relating to
the mobile home park owner's compliance with the provisions of this section. This
subsection must be liberally construed in order that all persons may rely on the record title
to a mobile home park.
Sec. 7. 10 MRSA §9094-A, sub-§4, as enacted by PL 1989, c. 768, is amended to
read:
4. Enforcement. A mobile homeowner home owner, group of mobile homeowners
home owners or a mobile homeowners' home owners' association aggrieved by a violation
of this section may bring an action in Superior Court against the violator for injunctive
relief, damages and attorney's fees. A violation of any of the provisions of this chapter is
considered prima facie evidence of an unfair or deceptive trade practice under Title 5,
chapter 10.
Sec. 8. 33 MRSA §654, first ¶, as amended by PL 2003, c. 55, §4, is further
amended to read:
Registers shall receive and record all certificates in equitable proceedings, copies of
judgments and decrees certified by the clerk of courts in the county where the complaint is
pending or the judgment or decree is rendered, certified copies of the proceedings of any
court, corporation, municipal body or other tribunal through or by which the right of
eminent domain has been or may be exercised to affect the title to real estate, copies of
portions of wills devising real estate situated in their respective counties or districts,
affidavits filed under Title 10, section 9094-A, subsection 3-C and all other instruments
that they are by law required to record. They shall receive all copies of seizures on
execution and special attachments made and attested by any officer of real property situate
in their respective counties or districts and certify on them the time when they are received,
and certificates of advertised stallions and copies of processes against domestic
corporations filed for service by officers in the registry, keep them on file for the inspection
of parties interested and enter them in suitable records properly indexed.
Page 3 - 131LR1533(03)


Statutes affected:
Bill Text LD 1931, HP 1239: 10.9094, 33.654
Bill Text ACTPUB , Chapter 378: 10.9094, 33.654