SB105 Alabama 2014 Session

Under existing law, a manufactured dwelling community owner may dispose of a manufactured dwelling, including its contents, placed on property owned or leased by the manufactured dwelling community owner under certain conditions, including notice to the tenant and all lienholders

This bill would further provide for the sale of an abandoned manufactured dwelling, storage for the dwelling and personal property of the tenant, and the required notice to tenants and lienholders

This bill would specify that a manufactured dwelling is deemed abandoned when the tenant has been absent from the dwelling 30 days following default, termination, or expiration of the lease agreement or service of a court order requiring the tenant to vacate the premises due to failure to perform the obligations of the lease

This bill would provide that notice of the sale of the abandoned dwelling may be made by affixing notice on the doors of the dwelling, would require additional information to be included in the notice, and would reduce the time frame in which a tenant must contact the manufactured dwelling community owner after receipt of notice from 45 days to 30 days

This bill would require a manufactured dwelling community owner to provide a copy of the notice to any lienholder by certified or registered mail, return receipt requested, no later than 14 days prior to the sale

This bill would specify the unpaid rental fees that may be deducted from the proceeds of the sale

This bill would also allow a manufactured dwelling community owner to condition approval for occupancy of any purchaser of the manufactured dwelling upon verification that the new tenant qualifies for rental using rental criteria in existence at the time of execution of the original rental agreement

To amend Sections 35-12A-1, 35-12A-2, 35-12A-3, 35-12A-5, 35-12A-6, 35-12A-7, 35-12A-8, 35-12A-10, 35-12A-11, 35-12A-12, 35-12A-13, and 35-12A-14, Code of Alabama 1975, relating to abandoned manufactured dwellings, to further provide for the sale of an abandoned manufactured dwelling, storage for the dwelling and personal property of the tenant, and the required notice to tenants and lienholders; to specify when a manufactured dwelling is deemed abandoned; to require additional information to be included in the notice; to reduce the time frame in which a tenant must contact the manufactured dwelling community owner after receipt of notice; to require a manufactured dwelling community owner to provide a copy of the notice to any lienholder by certified or registered mail, return receipt requested, within a specified time frame prior to the sale; to specify the unpaid rental fees that may be deducted from the proceeds of the sale; to allow a manufactured dwelling community owner to condition approval for occupancy of any purchaser of the manufactured dwelling upon verification that the new tenant qualifies for the rental; and to repeal Section 35-12A-9, Code of Alabama 1975, relating to the sale or disposal of an abandoned manufactured dwelling.