55-2013A. COMMUNITY RESIDENT ASSOCIATIONS. (1) The residents in a community have the right to organize a resident or homeowner’s association to further their mutual interest and to conduct any other business and programs which the association shall determine. Community residents have the right to peacefully assemble and freely associate. Subject to reasonable notice and community facility rules, an association shall have the right to use the facilities of the community to conduct its business and programs including forums for or speeches by public officials or candidates for public office. When an association is organized it shall notify the landlord.

(2) A community resident association formed for the purpose of purchasing a community may give written notification to the landlord of the association’s interest in purchasing the community.

(3) For the purpose of notification, the community resident association shall provide the names and addresses of the three (3) designated members or officers of their community association to the landlord annually.

(4) A community resident association that has notified the landlord of its interest to purchase the community may request in writing that it be notified by the landlord if the owner or agent of the owner enters into a listing agreement with a licensed real estate broker to affect the sale of all or part of the community. The landlord shall provide such notification to the three (3) members designated under subsection (3) of this section within fifteen (15) days of the owner entering into the listing agreement.

(5) This section shall not apply to any of the following:

(a) A governmental entity taking by eminent domain;

(b) A forced sale pursuant to foreclosure or a deed given in lieu of foreclosure;

(c) Transfer by gift, devise or operation of law;

(d) A transfer by a corporation to an affiliate;

(e) A conveyance incidental to financing the community;

(f) An exchange of the community for other real property;

(g) A transfer by a partnership to one (1) or more of its partners;

(h) A sale or transfer to a person who would be an heir, or to a trust the beneficiaries of which would be heirs, of the community owner if the community owner were to die intestate.

History:

[55-2013A, added 1988, ch. 196, sec. 10, p. 374; am. 2011, ch. 184, sec. 19, p. 531.]