Mobile home park fees in Massachusetts

Massachusetts's Manufactured Housing Community law, M.G.L. Chapter 140, regulates park charges by banning sale fees, requiring full disclosure, protecting vendor choice, and making non-conforming charges unenforceable. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Massachusetts.

What the statute says

On sale fees, M.G.L. c.140 §32L(4) provides that a park "shall not impose by any rule or condition of occupancy, any fee, charge or commission for the sale of a manufactured home located in a manufactured housing community," but may, "upon the proposed sale," contract to sell the home "for a fee not to exceed ten percent of the sale price." On vendor choice, §32L(3) bars conditions that "restrict the resident in his choice of a seller of fuel, furnishings, goods, services or accessories," and caps central fuel-system charges at "the average prevailing price in the locality."

Disclosure is required by §32P: "all terms and conditions of occupancy must be fully disclosed in writing ... at a reasonable time prior to the rental or occupancy," including "the amount of rent, an itemized list of any charges or fees, the names and addresses of all the owners ... and the rules and regulations." And §32L makes the limits enforceable: a non-uniform fee is presumed unfair (§32L(2)), and any charge that is "unfair or deceptive or which does not conform to the requirements of this section shall be unenforceable" (§32L(6)).

How it works in general

A Massachusetts park cannot tack a sale fee or commission onto a resident's home sale as a condition of staying in the community; the only sale fee allowed is one the resident voluntarily agrees to in a contract for the park to sell the home, capped at 10% of the price. Every rent amount and every charge or fee must be itemized and disclosed in writing before move-in. Residents may choose their own suppliers of fuel, goods, and services, and a park-run central fuel system can't charge more than the local average price. A charge that is unfair, deceptive, non-uniform, or simply not authorized by the statute can't be enforced.

Common scenarios

General examples Massachusetts park residents commonly encounter:

• A park demands a cut of a home sale. A sale fee can't be a condition of occupancy; only a voluntary ≤10% sale contract is allowed (§32L(4)).
• A new charge appears that was never disclosed. All charges must be itemized in writing before move-in, and non-conforming ones are unenforceable (§§32P, 32L(6)).
• A park steers residents to one fuel vendor. Vendor choice is protected, and central fuel can't exceed the local average price (§32L(3)).

Other authorities that may apply

Title 32F–32S governs fees, disclosure, and vendor choice, and a violation is an unfair or deceptive practice under c.93A §2 (§32L(7)). Rule and fee changes must be submitted to the Attorney General and the secretary of housing and livable communities and given to residents before taking effect (§32L(5)). The Attorney General's manufactured-housing regulations (940 CMR 10.00) also apply, and the written disclosure and lease supply the specific charges.