Delaware Code Title 25 Sec. 7104 – Conversion plan
Where real property is being utilized as a manufactured community, such real property cannot be converted to multiple-unit usage until the owner of such property has filed a true copy of the conversion plan with the Attorney General; with the office of the recorder of deeds of the county or counties in which the land is situated; and has mailed or delivered a copy to the tenant’s association, if 1 is in existence within the manufactured home community at that time. The conversion plan shall contain:
(1) Information for the affected local government including, but not limited to, the following:
a. A description of the boundaries of the real estate which is to be converted;
b. The name and business address of each corporate and noncorporate developer and owner of the property;
c. Where a developer or owner is a corporation, the name and address of each officer and member of the corporation’s board of directors;
d. A listing of all stages of the proposed conversion process, including the proposed finishing date for each stage;
e. The developer’s assessment of the impact of the proposed conversion on: The immediate surrounding area; local schools; traffic patterns and density; on-street parking; and on utilities and services furnished by the municipality or county;
f. The developer’s assessment of the impact of the conversion on the number of available manufactured home rental spaces in the affected local community;
(2) Information needed by present lessees and others who must make a decision concerning whether or not to purchase units in the conversion project, including but not limited to:
a. A description of the rental structure and of each type of unit in the proposed conversion project, together with the specific initial fixed price for each unit, including any proposed fees or charges, and how such price was computed and in conjunction with the tenants’ association right of first refusal described in §§ 7105(a)(2) and 7108(a) of this title an explanation as to how the specific fixed price for the entire community was calculated explaining in detail the profit to be made by the owner;
b. Information in summary form relating to mortgage financing; estimated down payment for each unit; alternative financing and down payments; monthly payments of principal, interest and real estate taxes; and estimated federal income tax benefits and liabilities;
c. Site plans, including drawings of the property as it would appear after conversion into multiple-unit housing;
d. A copy of each organizational document, including all proposed covenants, conditions and restrictions;
e. The number and location of any proposed off-street parking spaces, enclosed storage spaces, and recreational areas;
f. The extent to which the developer will provide any capital contribution for the maintenance or improvement of common areas;
g. Statement by the owner that the owner has received a certificate attesting that the proposed conversion project meets all zoning codes of the county and municipality in which the project will be located, or the conversion project is a valid preexisting nonconforming use;
(3) Information relating to nonpurchasing tenants including, but not limited to, a proposed relocation assistance plan; and a list of comparable housing in the area, including available manufactured home and nonmanufactured home housing. The relocation plan shall include information relating to all agencies and organizations which provide alternative housing relocation assistance;
(4) A listing of all tenants of the manufactured home community at the time of the conversion plan, by name; and a listing of those tenants which have agreed to purchase units in the conversion project, together with the signatures of the purchasing tenants.
64 Del. Laws, c. 14, § ?2; 74 Del. Laws, c. 35, § ?8; 84 Del. Laws, c. 42, § 121;
Terms Used In Delaware Code Title 25 Sec. 7104
- Affected local community: shall mean the municipality or county in which the largest portion of the real property which has been proposed as a conversion project is situated. See Delaware Code Title 25 Sec. 7102
- affected local government: shall mean the elected council or other governing body of an affected local community;
(2) "Comparable housing" shall mean a dwelling place or manufactured home community site which is:
- Conversion project: shall mean the area which comprises or formerly comprised a manufactured home community which has been converted to, or which will be converted to or include a condominium, cooperative or other form of multiple-unit housing (and which includes peripheral areas used for landscaping or recreation);
(4) "Long-term vacancies" shall mean dwelling units in the manufactured home community which were not leased, or not occupied by bona fide tenants for more than 5 months prior to the preliminary notice;
(5) "Manufactured home community" shall mean any manufactured home or trailer community designed to house manufactured homes which are served by utilities on a year-round basis. See Delaware Code Title 25 Sec. 7102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Multiple-unit usage: means use as a manufactured home condominium or cooperative community. See Delaware Code Title 25 Sec. 7102
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Relocation assistance plan: shall mean a proposed plan of assistance to tenants which is intended to enable such tenants to obtain comparable housing with a minimum of difficulty and expense;
(10) "Tenant" shall mean a person, 18 years of age or older, who has at least a leasehold interest in a manufactured home community and who, for rent or by written or oral contract or other good consideration, is leasing or is purchasing or has purchased a manufactured home or manufactured home site within the community. See Delaware Code Title 25 Sec. 7102