Washington Code 59.20.340 – Manufactured/mobile home communities — Sale, transfer
Current as of: 2023 | Check for updates
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(1) With regard to a sale or transfer of a manufactured/mobile home community, RCW 59.20.325 and 59.20.330 do not apply to any:
Terms Used In Washington Code 59.20.340
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Intestate: Dying without leaving a will.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Sale or transfer to an individual identified in RCW 11.04.015 if the owner of the manufactured/mobile home community dies intestate;
(b) Transfer by gift, devise, or operation of law;
(c) Transfer by a corporation to an affiliate;
(d) Transfer by a partnership to any of its partners;
(e) Transfer among the shareholders who own a manufactured/mobile home community;
(f) Transfer to a member of the owner’s family or to a trust for the sole benefit of members of the owner’s family;
(g) Sale or transfer of less than a controlling interest in the legal entity that owns the manufactured/mobile home community;
(h) Conveyance of an interest in a manufactured/mobile home community incidental to the financing of the mobile home park;
(i) Sale or transfer between or among joint tenants or tenants in common owning a manufactured/mobile home community;
(j) Bona fide exchange of a manufactured/mobile home community for other real property under section 1031 of the internal revenue code, as long as, at the time the manufactured/mobile home community owner lists the property or receives an offer for the manufactured/mobile home community, the owner has already commenced the exchange by the purchase of a property through a qualified exchange agent. In that circumstance, the owner has a deadline for selling the manufactured/mobile home community in order to gain the 1031 tax benefits; and
(k) Purchase of a manufactured/mobile home community by a governmental entity under the entity’s powers of eminent domain.
(2) For the purposes of this section, “affiliate” means an individual, corporation, limited partnership, unincorporated association, or entity that holds any direct or indirect ownership interest in the manufactured/mobile home community, except that the notice and extension of the opportunity to purchase must be granted to a qualified tenant organization or other eligible organization where the majority interest in the ownership of the manufactured/mobile home community or the power, directly or indirectly, to direct or cause the direction of the management and policies over the manufactured/mobile home community, whether through ownership of voting stock, by contract, or otherwise, is sold, transferred, or conveyed to any individual, corporation, limited partnership, unincorporated association, or other entity which has not held such a direct or indirect ownership interest in the manufactured/mobile home community for three or more years.
[ 2023 c 40 § 11.]
NOTES:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.