Virginia Law

A. On an annual basis, a manufactured home park owner shall deliver to each tenant with a valid lot rental agreement notice of their rights under this section and § 55.1-1308.4.

B. A manufactured home park owner shall not enter into an agreement to sell a manufactured home park to a third party other than a resident entity unless such agreement is contingent upon providing the notice and opportunity to purchase required by this section. Within five business days of entering into a sales contract to sell a manufactured home park, the manufactured home park owner shall provide to each manufactured home park tenant and to the locality in which the manufactured home park is located (i) notice of such sales contract and (ii) information regarding a resident entity's and locality's right to purchase the manufactured home park. Such notice shall describe the terms of the sales contract, including the price and material terms and conditions of the contract, and state that the resident entity and the locality have a right of first refusal. If the purchase contract for the manufactured home park in question is bundled with purchase contracts for other manufactured home parks owned by the seller, the notice shall include the required information only for the manufactured home park in question. Such notice shall be delivered to (a) the locality's attorney, the presiding officer of the governing body of the locality, or the locality's attorney for the Commonwealth; (b) each tenant with a valid lot rental agreement by certified mail; and (c) each manufactured home in the manufactured home park by personal delivery. The manufactured home park owner shall also deliver the notice required by this section to the Department of Housing and Community Development, which shall post the information on its website within three business days of receipt.

C. To exercise the right of first refusal under this section, a resident entity shall, no later than 15 days following receipt of the notice required by subsection B, deliver to the manufactured home park owner a written notice of their intent to exercise the right of first refusal described in this section. If the resident entity does not deliver such notice, the locality in which the manufactured home park is located shall have an additional 15 days to deliver to the manufactured home park owner a written notice of their intent to exercise the right of first refusal described in this section.

If, no later than 60 days following delivery of a written notice of intent to exercise the right of first refusal by either a resident entity or a locality, the resident entity or the locality delivers to the manufactured home park owner a proposed purchase agreement containing the same price and substantially equivalent terms and conditions as the purchase agreement of which the manufactured home park owner provided notice pursuant to subsection A, the resident entity or the locality shall have the right to purchase the manufactured home park at the price, terms, and conditions stated in its proposed purchase agreement, provided that the purchase agreement contains a commitment from the resident entity or the locality to preserve the property as a manufactured home park for at least 15 years following the sale unless a majority of the tenants with a valid rental agreement in the manufactured home park assert in writing that they consent to the conversion of the manufactured home park to an alternative form of affordable housing. Such commitment shall also be required of any assignee to which a resident entity or locality assigns its rights under subsection M. Unless the parties agree to an alternative period of time, the resident entity or locality shall have 60 days after the date of the agreement to obtain financing and to close on the purchase. If the manufactured home park owner asserts that the terms of the purchase agreement proposed by a resident entity are not substantially equivalent to the terms of the purchase agreement of which the resident entity was given notice under subsection A, the manufactured home park owner shall treat the resident entity's proposed purchase agreement as an offer to purchase pursuant to § 55.1-1308.4 and comply with all the requirements of that section.

D. If the sales contract contains any provision penalizing the manufactured home park owner for accepting an alternative offer from the resident entity or locality, such penalty provision shall be void and unenforceable.

E. The right of first refusal created pursuant to this section shall be created and conferred with the resident entity having first priority and the locality having second priority.

F. The provisions of this section are secondary to the terms of the right of first refusal established by a locality through the contribution of local funds to the acquisition, development, or revitalization of a manufactured home park or within the agreements for assistance from locally managed funds or programs, provided that such terms contain a commitment to preserve the property as a manufactured home park for at least 15 years following the sale unless a majority of the tenants with a valid rental agreement in the manufactured home park assert in writing that they consent to the conversion of the park to an alternative form of affordable housing.

G. If an opportunity to purchase required by this section does not result in a purchase agreement between the manufactured home park owner and a resident entity or locality, and the manufactured home park owner then offers the manufactured home park community for sale at a different price or with different terms and conditions, or receives an offer at a different price or with different terms and conditions that the manufactured home park owner intends to accept, the requirements of this section shall apply separately to that subsequent offer.

H. If a manufactured home park owner has not received a notice of intent to exercise the right of first refusal from either a resident entity or the locality in which the park is located and the sale price offered by a third party buyer changes by more than five percent from the price listed in the original offer for which notice was provided pursuant to subsection B, the manufactured home park owner shall treat such change as a new offer and the requirements of this section shall apply separately to it.

I. If the manufactured home park owner has received a notice from a resident entity or the locality in which the park is located indicating an intent to exercise the right of first refusal, the manufactured home park owner shall provide notice of any change in price or materially different term or condition to the resident entity or locality.

J. If a manufactured home park owner fails to comply with any requirement set forth in this section, a locality may bring an action in the circuit court for the locality in which the manufactured home park is located to enforce the manufactured home park owner's obligations under this section, provided that the manufactured home park is located within the jurisdictional boundaries of the locality and the locality has notified the manufactured home park owner of its intent to enforce the manufactured home park owner's obligations under this section. Such enforcement action may include seeking an injunction, damages, or both.

K. If a resident entity or locality that purchased a manufactured home park pursuant to subsection C gives notice of its intent to change the use of all or any part of the manufactured home park in violation of the commitment made in the purchase agreement provided to the seller, any person with a valid rental agreement for a lot in the manufactured home park may file an action in the circuit court for the locality in which the manufactured home park is located seeking injunctive relief, damages, or both. The prevailing party shall also be entitled to an award of attorney fees.

L. If a manufactured home park owner fails to comply with the provisions of this section, any person with a valid rental agreement for a lot in the manufactured home park may file an action in the circuit court for the locality in which the manufactured home park is located seeking injunctive relief, damages, or both. Such damages shall include actual damages and statutory damages equal to 12 times the amount of the monthly lot rent paid by the tenant or a reasonable amount as determined by the court plus reasonable attorney fees.

M. A locality may assign its rights and responsibilities under this section to an organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that provides housing or related services to low-income residents of the Commonwealth. A resident entity may assign its rights and responsibilities under this section to a locality or to an organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that provides housing or related services to low-income residents of the Commonwealth.

N. The provisions of this section shall not apply to the sale of a manufactured home park to the manufactured home park owner's family by blood or marriage or to a person or entity that owns a portion of the manufactured home park at the time of the offer or listing of such manufactured home park for sale.

2026, c. 599.