Get information and helpful tips on submitting a Notice of Opportunity to Compete



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Aug. 1, 2024

Important notice

Get information and helpful tips on submitting a Notice of Opportunity to Compete to Purchase

*What is the law in Washington state?*

As of July 23, 2023, community owners (landlords) are required to give written notice of an opportunity to compete to purchase manufactured/mobile home communities (SB 5198 [ [link removed] ], RCW 59.20.325 [ [link removed] ]).

Passage of SB 6059 [ [link removed] ] during the 2024 legislative session clarified notice content and submittal requirements. The following is a summary of the requirements *effective June 6, 2024*:


* A community owner must give “written notice of an opportunity to compete to purchase indicating the owner's interest in selling the manufactured/mobile home community before the owner markets the manufactured/mobile home community for sale or includes the sale of the manufactured/mobile home community in a multiple listing, and when the owner receives an offer to purchase that the owner intends to consider unless that offer is received during the process under RCW 59.20.330.” (RCW 59.20.325 (1)) [ [link removed] ]
* A community owner must give the Notice Opportunity to Compete to Purchase (Notice) by certified mail or personal delivery to all of the following entities: (RCW 59.20.325 (2)) [ [link removed] ]
* All tenants of the manufactured/mobile home community;
* An existing qualified tenant organization within the manufactured/mobile home community. See RCW 59.20.030 (23) [ [link removed] ] for the definition of a qualified tenant organization.
* The Department of Commerce (Commerce); and
* The Washington State Housing Finance Commission.

* The required notice (RCW 59.20.325 (3)) [ [link removed] ] is amended and must now include:
* The date the Notice was mailed by certified mail or personally delivered to all required recipients (RCW 59.20.325 (3) (a)) [ [link removed] ];
* Language that clarifies tenants have within 70 days after the certified mailing or personal delivery date stated in the Notice to notify the seller (community owner) of their interest in competing to purchase the community. (RCW 59.20.325 (3) (d)) [ [link removed] ]

*Failure to comply* with RCW 59.20.325 [ [link removed] ], 59.20.330 [ [link removed] ], or 59.20.305 [ [link removed] ] may result in a civil penalty. The Washington State Office of the Attorney General may bring a civil action in superior court in the name of the state against the landlord (community owner). (RCW 59.20.355) [ [link removed] ]

* *

*What is the Department of Commerce’s role?*

Commerce receives Notices of Opportunity to Compete to Purchase from community owners or their representatives (RCW 59.20.325) [ [link removed] ] and distributes approved Notices to eligible organizations on the Eligible Organization Registry (Registry) (RCW 59.20.350) [ [link removed] ].

*Eligible organizations* are:


* community land trusts
* resident nonprofit cooperatives
* local governments
* local housing authorities
* nonprofit community or neighborhood-based organizations
* federally recognized Indian tribes in the State of Washington
* regional or statewide nonprofit housing assistance organizations whose missions align with the long-term preservation of manufactured/mobile home communities. (RCW 59.20.030 (4)) [ [link removed] ]

Interested eligible organizations may *apply to be included on the registry* - complete an application [ [link removed] ]for the Eligible Organizations Registry. 

 

*How do community owners or their representatives submit a notice to Commerce for distribution to eligible organizations?*

RCW 59.20.325 (2) [ [link removed] ] requires community owners to give written notice to Commerce by certified mail or personal delivery.

Commerce created an online form [ [link removed] ] and downloadable template [ [link removed] ] for easy submittal of the Notice to Commerce via 1) the online form or 2) email with a completed Notice template attached (both acceptable and preferred methods). The template may be requested by email ([email protected]) or phone call (800-964-0852) as well.

Commerce staff update the online form [ [link removed] ] and downloadable template [ [link removed] ] with all required legislative changes.

We highly recommend the community owner or representative take all of the following steps:


* Save and use the online form [ [link removed] ] and downloadable template [ [link removed] ] links to avoid errors.
* Submit the written Notice of Opportunity to Compete to Purchase to all required entities [ [link removed] ] (including Commerce) on the same date.
* Use the downloadable template [ [link removed] ] to notify tenants, a qualified tenant organization (if the community has one), and the Washington State Housing Finance Commission.
* Submit the Notice to Commerce using the online form [ [link removed] ].

Submitting an *initial Notice to Commerce* via the online form [ [link removed] ] is the most efficient method.

As soon as we receive notification that the form has been submitted, the individual contact listed on the form receives a confirmation email. Our staff contacts the community owner or representative on the form if there are any questions.

*Correcting a notice*. The best way to submit a corrected Notice of Opportunity to Compete to Purchase is to complete the downloadable template [ [link removed] ] and email it to Commerce at [email protected].

Please visit the program webpage [ [link removed] ] for more information about the Notice of Opportunity to Compete to Purchase and Eligible Organization Registry. We will post an information sheet with detailed information and helpful guidance in the near future.

 

*Does Commerce have a Spanish translation of the Notice of Opportunity to Compete to Purchase?*

We expect to have a Spanish translation of the notice template posted on the program webpage [ [link removed] ] early this month.

Please reach out to to [email protected] or 800-964-0852 if you need the Spanish translation sooner, or if you need translation in another language.

 

*Questions?*

For questions about the *Notice of Opportunity to Compete to Purchase* legal requirements in *RCW 59.20.320 [ [link removed] ]* through *RCW 59.20.360 [ [link removed] ]*, we recommend the community owner or representative reach out to an attorney familiar with the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA [ [link removed] ]) or send questions to the Office of the Attorney via the "Contact Form" link [ [link removed] ].

For more information about the *Manufactured/Mobile Home Relocation Assistance and Coordination program* in general or notices Commerce has received, including a map of communities available for purchase, please visit our webpage [ [link removed] ]. 

For any additional questions, please contact us at [email protected], 360-725-2971, or Toll-free 800-964-0852.

Manufactured/Mobile Home Relocation Assistance and Coordination Programs
Washington State Department of Commerce | Homeownership Unit
1011 Plum Street SE
PO Box 42525
Olympia, WA 98504
800-964-0852| 360-725-2971

 

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About Commerce

Commerce works with local governments, businesses, community-based organizations and tribes to strengthen communities. The department’s diverse portfolio of more than 100 programs and effective public and private partnerships promote sustainable community and economic development to help all Washingtonians thrive. For more information, visit [link removed]. For information on locating or expanding a business in Washington, visit choosewashingtonstate.com [ [link removed] ].

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This email was sent to [email protected] using GovDelivery Communications Cloud on behalf of: Washington State Department of Commerce · 1011 Plum Street SE, P.O. Box 42525 · Olympia, WA 98504-2525 GovDelivery logo [ [link removed] ]