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Battle Over Community Owner’s Rights vs. Resident’s Rights highlighted in St. Anthony case

September 28th, 2016 Comments off

lowrygrovecreditstartribunestanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnewsResidents of the Lowry Grove community in the Minneapolis, MN suburb of St. Anthony lost their bid to block the sale of the property, according to a ruling by a Hennepin County Judge.

We continue working together to save Lowry Grove. We will organize more action,” said Antonia Alvarez, president of the Lowry Grove Resident Association, per the Star Tribune’s report. I understand they are very rich, but we have community support.”

The ruling is a blow to the residents who sued to keep the park open. A state law drafted in 1991 was designed to give manufactured home owners the right of first refusal to buy land in the event it was put up for sale.

paulbradleycredtimhpronewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnewsPaul Bradley, president of ROC USA posed the following question to MHProNews. “How can we promote homeownership and sell new homes on leased land and at the same time close communities?”

Judge Joseph R. Klein wrote, in part, that the statute “…does not grant them an unfettered ability to purchase the park. They were not deprived on that right because it was never, in fact, granted to them.judgejosephkleincreditmncourtsgovstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1

 

This is believed to be the first major legal test of the law.

The owners of Lowry Grove, LLC notified residents in April that they intended to sell the property to The Village LLC, a subsidiary of Wayzata, MN based Continental Property Group, for $6 million. The Village announced that they would close the park in a year and redevelop the 15 acres of land.

Fearing the loss of access to good schools and safe streets, the residents prepared to respond.

Under state law, residents had 45 days to match the offer. Homeowners partnered with Aeon Management, a Minneapolis based non-profit management company, to make a matching $6 million offer on June 10, the day of the deadline.

lowrygroveresidentprotestcredtmprnewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1

Lowry Grove residents protesting.

The offer was rejected.

On June 13, the sale to The Village became final. Aeon Management and Lowry Grove residents sued, arguing that the law, and their civil rights, had been violated.

 

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The Lowry Grove RV park and manufactured home community is on a prime parcel of real estate, as this Google earth image reflects.

When the statue was passed, said Judge Klein, the intent was clear.

Should a park be sold contrary to [the law] the only remedy the residents in the park have is to sue under a violation of this law for something besides ownership of the land, said Judge Klein.

Explaining further, Klein wrote that lawmakers were balancing competing priorities when passing the statute, giving manufactured homeowners a tool to protect their homes while not overtly interfering with park owner’s ability to sell their property.”

tomastracicreditiremmnstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1We are pleased with, but not surprised by, Judge Klein’s ruling,” said The Village Vice President Traci Tomas in a written statement. “From the beginning, we’ve realized that this is a difficult situation for the residents. That has never been something we’ve taken lightly.”

Tomas has also denied violating the state statute, countering that residents didn’t meet all the criteria. She also shared where the Village’s focus is.

Right now, we are focused on those who have expressed a desire to complete their move before winter sets in,” Tomas said. “We are working with the City of St. Anthony so residents can submit applications to the Minnesota Manufactured Home Relocation Trust Fund for financial assistance that will help with their relocation.”

jimayottecreditmhpronewsusersrcdesktoppaulbradleycredtimhpronewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnewsJim Ayotte, Executive Director of the Florida Manufactured Housing Association (FMHA), provided commentary on a similar situation with the Denver Meadows community in Aurora, CO in his column on MHProNews. “It costs money to create affordable housing, which local governments don’t have, and it is more politically expedient to put the screws to a business owner and get favorable press for protecting a group of economically challenged homeowners.

This is unfair to the private sector and, quite frankly, should be unconstitutional,” says Ayotte. “What that said, it is the responsibility of all parties to do the right thing.”alanarthuraeoncreditmprnewsstanthonycasehighlightsbattleovercommunityownersrightsvsresidentsrights-dailybusinessnews1

Aeon Management CEO Alan Arthur commented, “I am sad that our world seems to value bottom line financial returns more than it does people.” Aeon is also exploring other legal options for Lowry Grove residents.

The struggle over community owner’s property rights vs. land-lease community resident rights continues, and the Daily Business News plans to track this story to its conclusion. ##

(Editor’s Note: Equity LifeStyle Communities Chairman Sam Zell’s view on property owners rights is published exclusively in a report on MHProNews, linked here.

(Image credits are as shown above.)

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RC WIlliams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News, MHProNews.