Sec. 28a.
(1) Mobile home park rules or regulations may include provisions governing the physical condition of mobile homes and the aesthetic characteristics of mobile homes in relation to the mobile home park in which they are located, subject to all of the following:
(a) The age or size of a mobile home shall not be used as the sole basis for refusing to allow an on-site, in-park sale or for refusing to allow the mobile home to remain on-site. The burden of going forward in a suit against the mobile home park owner or operator for violation of this subdivision is on the resident.
(b) The standards incorporated in the written park rules or regulations governing the physical condition and aesthetic characteristics of mobile homes in the mobile home park shall apply equally to all residents.
(c) A mobile home sold on-site shall conform with Act No. 133 of the Public Acts of 1974, being sections 125.771 to 125.774 of the Michigan Compiled Laws.
(d) Any charge connected to the on-site, in-park sale of a mobile home, other than the inspection fee permitted under subdivision (e) and the commission or fee charged by a mobile home dealer licensed under this act who is engaged by the seller to transact the sale, is an entrance or exit fee in violation of section 28.
(e) A park owner or operator may charge a reasonable fee to inspect the mobile home before sale. The charge shall not be more than $30.00, or the amount charged for building permit inspections by the municipality in which the mobile home is located, whichever is higher.
(f) The standards governing the physical condition of mobile homes and the aesthetic characteristics of mobile homes in the mobile home park, as incorporated in the written park rules, shall not be designed to defeat the intent of this section.
(2) Subsection (1)(f) shall not apply if the mobile home park is changing its method of doing business and provides not less than 1 year's notice, unless a different notice period is otherwise provided by law, of the proposed change to all affected mobile home park residents. A change in a mobile home park's method of doing business includes, but is not limited to, any of the following:
(a) Conversion to a mobile home park condominium pursuant to the condominium act, Act No. 59 of the Public Acts of 1978, being sections 559.101 to 559.275 of the Michigan Compiled Laws.
(b) Conversion to total rental of both mobile home site and park-owned mobile homes.
(c) Changes in use of the land on which the mobile home park is located.
(3) Notwithstanding subsection (1) or (2), a mobile home park may require a mobile home to be moved to a comparable site within the mobile home park, at the expense of the mobile home park.
(4) If, after termination of a resident's tenancy for just cause as provided in chapter 57a of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.5771 to 600.5785 of the Michigan Compiled Laws, the resident of a mobile home park sells his or her mobile home to the owner or operator of the mobile home park, or to any entity in which the owner or operator has any interest, the resident shall have the right to have the mobile home's value appraised and, if so appraised, the sale price of the mobile home shall not be less than the appraised value.
(5) Except as provided in subsection (1)(a), a mobile home park owner or operator, or both, has the burden of going forward to show compliance with subsection (1).
History: Add. 1988, Act 337, Eff. May 1, 1989
Structure Michigan Compiled Laws
Chapter 125 - Planning, Housing, and Zoning
Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350)
Section 125.2301 - Short Title.
Section 125.2302 - Definitions.
Section 125.2304 - Powers of Commission; Duties of Director; Prohibition; Exception.
Section 125.2305 - Mobile Home Code; Promulgation; Rules.
Section 125.2308 - Exemptions.
Section 125.2310 - Reproducing Documents Requested as Public Record.
Section 125.2313 - Construction Permit Required.
Section 125.2316a - Occupancy of Mobile Home in Seasonal Mobile Home Park.
Section 125.2322 - Mobile Home Dealer; Surety Bond; Deposit; Rules.
Section 125.2323 - Mobile Home Dealer; Accounts and Other Records.
Section 125.2324 - Mobile Home Dealer; Prohibited Conduct.
Section 125.2325 - Installation and Setup of Mobile Home; Rules; Licensing Requirements.
Section 125.2327 - Mobile Home, Mobile Home Site, or Equipment; Fraudulent Practices.
Section 125.2328b - Children and Pets; Enforcement of Rules.
Section 125.2328c - Action to Terminate Tenancy; Liquidated Damages.
Section 125.2329 - Shutoff of Utility Service for Nonpayment; Notice.
Section 125.2330 - Mobile Home Subject to Certificate of Title Provisions.
Section 125.2330i - Affixation of Mobile Home to Real Property; Ownership Interest.
Section 125.2331 - Action to Rescind Transaction and Recover Damages.
Section 125.2332 - Certain Conditions, Stipulations, or Provisions Voided.
Section 125.2333 - Statute of Limitations; Rejection of Valid Rescission as Bar to Action.
Section 125.2335 - Service of Process.
Section 125.2337 - Administrative Proceedings; Notice; Response; Assurance of Discontinuance.
Section 125.2340 - Effect of Appeal.
Section 125.2341 - Injunction.
Section 125.2342 - Violation as Misdemeanor; Penalty.
Section 125.2343a - Summary Suspension of License.
Section 125.2344 - Remedies Not Mutually Exclusive.
Section 125.2345 - Other Prosecution and Enforcement Not Prohibited.
Section 125.2349 - Legislative Intent and Declarations.
Section 125.2350 - Availability of List of Powers and Duties of State or Local Governmental Entity.