(1) "Mobile home park" means
the same as defined in RCW 59.20.030.
(2)(a) The terms "sold" or "sale" for the purposes of this
chapter have their ordinary meaning and include: (i) A
conveyance, grant, assignment, quitclaim, or transfer of
ownership or title to real property and improvements that
comprise the mobile home park, or mobile homes, for a valuable
consideration; (ii) a contract for the conveyance, grant,
assignment, quitclaim, or transfer; (iii) a lease with an option
to purchase the real property and improvements, or mobile home,
or any estate or interest therein; or (iv) other contract under
which possession of the property is given to the purchaser, or
any other person by his or her direction, where title is retained
by the vendor as security for the payment of the purchase price. These terms also include any other transfer of the beneficial or
equitable interest in the mobile home park such as a transfer of
equity stock or other security evidencing ownership that results
in a change in majority interest ownership.
(b) The terms "sale" or "sold" do not include: (i) A
transfer by gift, devise, or inheritance; (ii) a transfer of a
leasehold interest other than of the type described in this
subsection; (iii) a cancellation or forfeiture of a vendee's
interest in a contract for the sale of the mobile home park; (iv)
a deed in lieu of foreclosure of a mortgage; (v) the assumption
by a grantee of the balance owing on an obligation that is
secured by a mortgage or deed in lieu of forfeiture of the
vendee's interest in a contract of sale where no consideration
passes otherwise; (vi) the partition of property by tenants in
common by agreement or as the result of a court decree; (vii) a
transfer, conveyance, or assignment of property or interest in
property from one spouse to the other in accordance with the
terms of a decree of divorce or dissolution or in fulfillment of
a property settlement agreement incident thereto; (viii) the
assignment or other transfer of a vendor's interest in a contract
for the sale of real property, even though accompanied by a
conveyance of the vendor's interest in the real property
involved; (ix) transfers by appropriation or decree in
condemnation proceedings brought by the United States, the state
or any political subdivision thereof, or a municipal corporation;
(x) a mortgage or other transfer of an interest in real property
or mobile home merely to secure a debt, or the assignment
thereof; (xi) a transfer or conveyance made under an order of
sale by the court in a mortgage or lien foreclosure proceeding or
upon execution of a judgment; (xii) a deed in lieu of foreclosure
to satisfy a mortgage; (xiii) a conveyance to the federal housing
administration or veterans' administration by an authorized
mortgagee made under a contract of insurance or guarantee with
the federal housing administration or veterans' administration;
(xiv) a transfer in compliance with the terms of any lease or
contract upon which notice has already been given under this
chapter, or where the lease or contract was entered into before
July 25, 1993; or (xv) a transfer to a corporation or partnership
the majority interest of which is wholly owned by the transferor.
(3) A "qualified tenant organization" means a formal
organization of tenants in the park in question, organized for
the purpose of purchasing the park, with membership made
available to all tenants with the only requirements for
membership being: (a) Payment of reasonable dues; and (b) being
a tenant in the park.
[1993 c 66 § 4.]
NOTES:
Reviser's note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347 (2000).