HOUSE DOCKET, NO. 4546 FILED ON: 8/14/2009
HOUSE . . . . . . . . . . . . . . . No. 4232
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act to establish licensing requirements and protections for certain cottage communities..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 32A of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By striking out, in line 3, the word “or” after “motel” and before “manufactured” and inserting in place thereof “,”; and
By adding, in line 3, the words “or cottage community” after “manufactured housing community” and before “unless”.
SECTION 2. Section 32B of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By striking out, in line 5, the word “or” after “motels” and before “manufactured” and inserting in place thereof “,”;
By adding, in line 5, the words “or cottage communities” after “manufactured housing communities” and before “located”;
By adding, in line 10, the words “cottage community” after “housing community or” and before or “, if the”; and
By adding, in line 12, the words “or cottage community” after “manufactured housing community” and before “, together”.
SECTION 3. Section 32C of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding, in line 2, the words “, cottage communities” after “manufactured housing communities” and before “and cabins”; and
By adding, in line 4, the words “, cottage community” after “manufactured housing community” and before “or cabin”.
SECTION 4. Section 32D of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding, in line 2, the words “, cottage community” after “manufactured housing community” and before “or cabin licensed”; and
By adding, in line 4, the words “, cottage community” after “manufactured housing community” and before “or cabin”.
SECTION 5. Section 32E of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended by adding, in line 6, the words “or cottage community” after “housing community” and before “subject to”.
SECTION 6. Section 32F of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding after the first sentence, in line 5, the following words “Any lot or tract of land upon which three or more cottages for year round or seasonal dwelling purposes are located, including any buildings, structures, fixtures and equipment used in connection with the cottages, where the cottages are owned separately from the underlying lot or tract of land shall be defined as a cottage community.”;
By adding, in line 6, the words “, or cottage community” after “community” and before “unless the owner”;
By adding, in line 9, the words “, or cottage community” after “manufactured housing community” and, in line 10, before “, send a copy”;
By adding, in line 13, the words “or cottages” after “homes” and before “to accommodate”; and
By adding, in line 17, the words “or cottages” after “homes” and before “to accommodate”; and
By adding, in line 18, the words “or a cottage community” after “manufactured housing community” and before “.”.
SECTION 7 Section 32G of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding, in line 2, the words “or cottage community” after “manufactured housing community” and before “owner or operator”;
By adding, in line 5, the words “or cottage” after “each manufactured home” and before “, occupying space”;
By adding, in line 6, the words “or cottage community” after “manufactured housing community” and before “; provided, however,”;
By adding, in line 11, the words “or cottage community” after “housing community” and before “operator from”;
By adding, in line 12, the words “or cottage” after “manufactured home” and before “occupying space”;
By adding, in line 12, the words “or cottage community” after “manufactured housing community” and, in line 13, before “at the end of each month;
By adding, in line 15, the words “or cottage community” after “manufactured housing community” and before “is located not later than”;
By adding, in line 16, the words “or cottage community” after “manufactured housing community” and before “operator”;
By adding, in line 19, the words “or cottage” after “manufactured home “and before “occupying”;
By adding, in line 21, the words “or cottages” after “manufactured homes” and before “and the home”;
By adding, in line 21, the words “or cottage” after “the home” and before “owners or”;
By adding, in line 26, the words “or cottage community” after “manufactured housing community” and before “is located for collection.”;
By adding, in line 32, the words “or cottage” after “manufactured home” and before “subject to”; and
By adding, in line 38, the words “or cottage community” after “manufactured housing community” and before “operator”;
By adding, in line 46, the words “or cottage community” after “manufactured housing community” and before “, nor shall any such”; and
By adding, in line 49, the words “or cottage” after “home” and before “which is deemed”.
SECTION 8. Section 32H of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows: By adding, in line 2, the words “or cottage community” after “manufactured housing community” and before “which has not been equipped”; By adding, in line 4, the words “or cottage community” after “manufactured housing community” and before “shall file”; By adding, in line 10, the words “or cottage community” after “community” and before “license upon the condition”; and By adding, in line 12, the words “or cottage community” after “manufactured housing community” and, in line 13, before “will be in compliance”.
SECTION 9. Section 32I of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows: By adding, in line 2, the words “or cottage community” after “community” and before “shall keep or cause”; By adding, in line 4, the word “, cottage” after “manufactured home” and before “or motor”; and By adding, in line 7, the word “, cottage” after “manufactured home” and before “or motor.”
SECTION 10. Section 32J of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows: By adding, in line 1, the words “or cottage” after “If the manufactured home” and before “owner or person”; By adding, in line 2, the words “or cottage” after “manufactured home” and before “site in a”; By adding, in line 3, the words “or cottage community” after “housing community” and before “without right,”; By adding, in line 5, the words “or cottage” after “manufactured home” and before “site may recover”; By adding, in line 8, the words “or cottage community” after “community” and before “, however created,”; By adding, in line 10, the words “or cottage site in a cottage community” after “community” and before “, may be terminated”; By adding, in line 11, the words “or cottage site” after “home site” and before “or his agent”; By adding in subparagraph (2), in line 14, the words “or cottage community” after “manufactured housing community” and before “;”; By adding in subparagraph (3), in line 16, the words “or cottage community” after manufactured housing community” and before “residents”; By adding in subparagraph (4), in line 19, the words “or cottage community” after “community” and before “subject to any existing”; By adding in subparagraph (4), in line 21, the words “or cottage community” after “community” and before “.”; By adding in subparagraph (4), in line 21, the words “or cottage” after “manufactured home” and, in line 22, before “sold the licensee”; By adding in subparagraph (4), in line 22, the words “or cottage” after “manufactured home” and before “site was made”; By adding in subparagraph (1), in line 29, the words “or cottage community” after “manufactured housing community” and before “licensee has given”; By adding in subparagraph (1), in line 32, the words “or cottage community” after “community” and before “resident”; By adding in subparagraph (2), in line 36, the words “or cottage” after “manufactured home” and before “resident”; By adding, in line 46, the words “or cottage community” after “housing community” and before “tenant, such tenancy”; By adding, in line 51, the words “or cottage community” after “community” and before “shall have”; By adding, in line 52, the words “or cottage” after “resident’s manufactured home” and before “, subject to the terms”; By adding, in line 55, the words “or cottage” after “home” and before “and lot”; By adding, in line 58, the words “or cottage” after “manufactured home” and before “remains on the lot”; and By adding, in line 59, the words “or cottage community” after “manufactured housing community” and before “shall have a lien”.
SECTION 11. Section 32L of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows: By adding in the title the words “and cottage communities” after “manufactured housing communities” By adding, in line 2, the words “and cottage communities” after “manufactured housing communities” and before “:”;
By adding in subparagraph (1), in line 3, the words “or cottage community” after “A manufactured housing community” and before “licensee”; By adding in subparagraph (1), in line 4, the words “or cottage” after “manufactured home” and before “site”; By adding in subparagraph (2), in line 7, the words “or cottage” after “manufactured home” and before “residents”; By adding in subparagraph (3), in line 9, the words “or cottage community” after “manufactured housing community” and before “owner, directly”; By adding in subparagraph (3), in line 10, the words “or cottages” after “manufactured homes” and before “, shall not impose”; By adding in subparagraph (3), in line 12, the words “, cottage dealer or real estate broker” after “home dealer” and before “unless the”; By adding in subparagraph (3), in line 13, the words “or cottage” after “the home” and before “is to be placed”; By adding in subparagraph (3), in line 14, the words “or cottage community” after “A manufactured housing community” and before “owner”; By adding in subparagraph (3), in line 17, the words “or cottage” after “manufactured home” and before “lot,”; By adding in subparagraph (3), in line 23, the words “or cottage community” after “manufactured housing community” and before “licensee may impose”; By adding in subparagraph (3A), in line 27, the words “or cottage community owner” after “housing community owner” and before “shall refuse”; By adding in subparagraph (3A), in line 28, the words “or cottage” after “manufactured home” and before “located in”; By adding in subparagraph (3A), in line 29, the words “or cottage community owner” after “manufactured housing community owner” and before “has not sold”; By adding in subparagraph (3A), in line 30, the words “or cottages” after “manufactured homes” and before “as there are sites.”; By adding in subparagraph (4), in line 31, the words “or cottage community” after “A manufactured housing community” and before “licensee shall not”; By adding in subparagraph (4), in line 33, the words “or cottage” after “manufactured home” and before “located in”; By adding in subparagraph (4), in line 34, the words “or cottage community” after “community” and before “.”; By adding in subparagraph (4), in line 34, the words “or cottage” after “such a home” and, in line 35, before “, contract with”; By adding in subparagraph (4), in line 35, the words “or cottage community” after “manufactured home” and before “owner to sell”; By adding in subparagraph (4), in line 35, the words “or cottage” after “the home” and before “for a fee”; By adding in subparagraph (4), in line 36, the words “or cottage” after “price of such home” and before “.”. By adding in subparagraph (5), in line 37, the words “or cottage community” after “manufactured housing community” and before “owner promulgates”; By adding in subparagraph (5), in line 39, the words “or a cottage site in a cottage community” after “manufactured housing community” and before “, a new copy of”; By adding in subparagraph (5), in line 44, the words “or cottage community” after “manufactured housing community” and before “resident”; By adding in subparagraph (5), in line 48, the words “or cottage community” after “manufactured housing community” and before “licensee”; By adding in subparagraph (5), in line 55, the words “or cottage community” after “community” and before “licensee”; By adding in subparagraph (7A), in line 70, the words “or cottage community” after “manufactured housing community” and before “licensee”; By adding in subparagraph (7A), in line 73, the words “or cottage colonies” after “manufactured housing communities” and before “within”; By adding in subparagraph (7A), in line 75, the words “or cottage sites” after “manufactured home sites” and before “are available”;
By adding in subparagraph (7A), in line 77, the words “or colony” after “community” and before “all of the information”; By adding in subparagraph (7A), in line 81, the words “or cottage community” after “manufactured housing community” and, in line 82, before “owner shall pay”; By adding in subparagraph (7A), in line 84, the words “or cottage” after “manufactured home” and before “.”; By adding in subparagraph (7A), in line 91, the words “or cottage” after “manufactured home” and before “shall be”; By adding in subparagraph (7A), in line 104, the words “or cottage community” after “housing community” and before “, with all hook-ups”; By adding in subparagraph (7A), in line 125, the words “or cottage community” after “housing community” and before “owner shall”; By adding in subparagraph (8), in line 147, the words “or cottage community” after “A manufactured housing community” and before “owner shall”; By adding in subparagraph (8), in line 149, the words “or cottage community” after “housing community” and before “tenant,”; By adding in subparagraph (8), in line 158, the words “or cottage community” after “, the housing community” and, in line 159, before “owner shall give”; By adding in subparagraph (8), in line 159, the words “or cottage community” after “manufactured housing community” and before “tenant”; By adding in subparagraph (8), in line 161, the words “or cottage community” after “manufactured housing community” and before “owner’s determination”; and By adding in subparagraph (9), in line 165, the words “or cottage” after “The manufactured housing community” and before “owner shall”.
SECTION 12. Section 32M of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding in the title the words “or cottage” after “manufactured home” and before “located in licensed community”
By adding, in line 1, the words “or cottage” after “manufactured home” and, in line 2, before “located on a lot”; By adding, in line 2, the words “or cottage community” after “manufactured housing community” and before “and which is not”; and
By adding, in line 3, the words “or cottage community” after “manufactured housing community” and before “licensee”.
SECTION 13. Section 32N of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding, in line 1, the words “or cottage community” after “Any manufactured housing community” and before “licensee”;
By adding, in line 3, “or cottage community” after “housing community” and before “resident or group”;
By adding, in line 6, “or cottage community” after “manufactured housing community” and before “is located,”;
By adding, in line 10 “or cottage community” after “manufactured housing community” and, in line 11, before “resident or group of residents”;
By adding, in line 14, “or cottage community” after “manufactured housing community” and before “resident or group of residents”;
By adding, in line 18, “or cottage community” after “community” and before “resident or group of residents”; and
By adding, in line 20, “or cottage community” after “manufactured housing community” and before “resident or group of residents”.
SECTION 14. Section 32O of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended by adding, in line 5, the words “or cottage community” after “manufactured housing community” and before “of the”.
SECTION 15. Section 32P of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding, in line 2, the words “or cottage community” after “manufactured housing community” and before “owner to any”;
By adding, in line 3, the words “or cottage community” after “manufactured housing community” and before “resident at a reasonable”;
By adding, in line 4, the words “or cottage” after “manufactured home” and before “lot.”;
By adding, in line 7, the words “or cottage community” after “manufactured housing community” and before “, and the rules”;
By adding, in line 8, the words “or cottage lot” after “manufactured home lot” and before “and community.”;
By adding, in line 12, the words “or cottage community” after “community” and before “for a rental agreement”;
By adding, in line 17, the words “or the cottage community owner” after “manufactured housing community owner” and, in line 18, before “and contain the following notice”;
By adding, in line 22, the words “or cottage community” after “manufactured housing community” and before “.”;
By adding, in line 57, the words “or cottage community” after “manufactured housing community” and before “has certain rights”; and
By adding, in line 75, the words “or cottage community” after “manufactured housing community” and, in line 76, before “known as _____ and located”.
SECTION 16. Section 32Q of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding in the title the words “and cottage” after “Manufactured home” and before “defined”
By striking “P”, in line 1, after the words “to thirty-two” and inserting in place thereof “S”;
By adding at the end of the current section, after line 10, the following paragraph “As used in sections thirty-two A to thirty-two S, inclusive, the word “cottage” shall mean a structure, which is three hundred twenty or more square feet, and which is designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
SECTION 17. Section 32R of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended as follows:
By adding in the title the words “or cottage community” after “manufactured housing community” and before “; home owners’ association”
By adding in subparagraph (a), in line 1, the words “or cottage community” after “A manufactured housing community” and before “owner shall”;
By adding, in line 2, the words “or cottage community” after “manufactured housing community” and before “of ”;
By adding in subparagraph (b), in line 12, the words “or cottage community” after “Before a manufactured housing community” and before “may be sold or leased”;
By adding in subparagraph (b), in line 23, the words “or cottage community” after “manufactured housing community” and before “owner or operator”;
By adding in subparagraph (c), in line 32, the words “or cottage” after “manufactured home” and before “owners residing”;
By adding in subparagraph (c), in line 59, the words “or cottage community” after “community” and before “.”;
By adding in subparagraph (c), in line 72, the words “or cottage community” after “housing community” and before “.”;
By striking out in subparagraph (d), in line 91, the word “owner” and inserting in place thereof the words “or cottage community owner if the new owner continues to operate the facility as a manufactured home community or cottage community”;
By adding in subparagraph (e), in line 93, the words “or cottage community” after “community” and before “are not the successful purchaser”;
By adding in subparagraph (e), in line 101, the words “or cottage community” after “manufactured housing community” and before “during the term of such lease.”;
By adding in subparagraph (f), in line 103, the words “or cottage community” after “manufactured housing community” and before “is not required”; and
By adding in subparagraph (f), in line 107, the words “or cottage community” after “manufactured housing community” and before “with at least four”.
SECTION 18. Section 32S of chapter 140 of the General Laws, as appearing in the 2006 official edition, is hereby amended by adding, in line 7, the words “and cottage communities” after “manufactured housing community” and before “.”.