Pocasset cell dwelling park possession determination made in Barnstable court docket
BARNSTABLE — A Superior Courtroom decide discovered on Wednesday that Crown Communities LLC is the rightful purchaser of a Pocasset cell dwelling park.
The 15-page determination comes after a years-long legal battle between the Wyoming investment firm and the Pocasset Park Association, with either side in search of possession of the Bourne park, which is dwelling to about 170 folks at its prime location off Barlow’s Touchdown Highway.
“The Affiliation lacked adequate help (and authority) to train lawfully its proper of first refusal and to buy the park,” wrote Choose Michael Callan, who determined the jury-waived trial.
In an announcement to the Occasions, Walter B. Sullivan, an legal professional who represented Crown, mentioned the corporate welcomed the choice.
“Crown is grateful to the Courtroom for upholding its contractual proper to amass The Park at Pocasset,” mentioned Sullivan. “Additional, Choose Callan’s ruling that Crown’s conduct was above reproach during this entire process was anticipated.”
Christopher Veara, who represented the park proprietor, mentioned his shopper’s solely remark is “the Charles W. Austin Belief will abide by the decide’s determination.”
Thomas Aylesworth, the legal professional representing the affiliation, and Justine Shorey, the Pocasset Park Affiliation president, couldn’t be reached for remark.
What occurred with the cell dwelling park case?
Crown, which owns and operates cell dwelling parks nationwide, entered a purchase-and-sale settlement with owner Phil Austin, as trustee of the Charles W. Austin Belief, on Nov. 15, 2019 for $3.8 million in an all-cash sale.Discover was despatched to residents 5 days later. As a result of state’s proper of first refusal statute, park residents had the prospect to submit an identical bid.
Some residents labored with New England Resident Owned Communities that is partnering with the Cooperative Improvement Institute.
The organizations help residents to safe possession of their cell dwelling parks and assist them get loans to match personal bidders and canopy any capital initiatives wanted on the positioning.
They fashioned an affiliation and commenced to assemble signatures from a minimum of 51% of residents, as required.
The affiliation submitted its personal matching provide in December 2019. Their provide contained a mortgage contingency clause in distinction to the all-cash buy in Crown’s purchase-and-sale settlement, famous Callan.
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Austin executed the purchase-and-sale settlement with the Pocasset Park Association on Jan. 7, 2020, with Crown then submitting a grievance in February 2020 towards each the affiliation and Austin, bringing the matter to court docket.
Whereas residents at cell dwelling communities personal their properties, they don’t personal the land beneath them. Usually, the properties are now not cell. Earlier than the choice was issued, Shorey informed the Occasions that resident possession would imply assurance the park wouldn’t be offered out from underneath them.
There weren’t sufficient legitimate signatures, in line with court docket determination
Callan wrote that the petition didn’t “include legitimate signatures of at leat 51% of the resident homeowners of the park.” With 81 items within the park on the time, every unit will get one vote, which means the affiliation wanted a minimum of 41 signatures.
Forty-nine signatures had been collected, with 4 being duplicates. One other 5 signatures had been of subtenants who had been residents however not homeowners, and 5 extra had been of homeowners however not residents, wrote Callan.
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Then, 4 resident-owners rescinded their help, bringing the full variety of resident homeowners favoring the affiliation’s buy to 31, mentioned Callan.
“Beneath any view of the credible proof, the Affiliation didn’t efficiently train its proper of first refusal,” wrote Callan, saying its buy and sale settlement with Austin is then not legitimate.
No credible proof of threats
Throughout the trial, the affiliation claimed that Crown used “scare techniques” to steer residents to rescind their help. As an illustration, one letter to residents warned about an estimated $1 million in enhancements and implied that residents could be personally liable, in line with the affiliation.
However Callan rejected that place.
“Crown’s brokers had been advocating for his or her place and trying, with various success, to persuade residents that Crown was a greater choice for them than a cooperative possession association,” wrote Callan.
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Sullivan, Crown’s legal professional, mentioned the corporate is looking forward to subsequent steps with the Pocasset park.
“Crown Communities prides itself in proudly owning and working top notch manufactured housing communities and it’s hopeful that it will possibly now transfer ahead with the residents and create a vibrant and upstanding neighborhood that can be one of many best manufactured dwelling parks on Cape Cod,” mentioned Sullivan.
Zane Razzaq writes about housing and actual property. Attain her at zrazzaq@capecodonline.com. Comply with her on Twitter @zanerazz.
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