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The Massachusetts Appeals Court remanded, on December 3, the lawsuit over ownership of the Pocasset Mobile Home Park to Barnstable Superior Court, renewing residents’ hopes of retaining control of the land beneath their homes.
The Pocasset Mobile Home Park, also called The Park at Pocasset, has been at the center of a legal battle since early 2020. According to the Appeals Court’s decision, Crown Communities LLC entered into a purchase and sale agreement (PSA) with the park’s current owner, Philip Austin, to buy the park for $3.8 million in cash in 2019.
The next day, Mr. Austin notified residents and provided...
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Barnstable Superior Court ultimately found that the petition did not contain the requisite number of signatures and “the association did not meet its burden of proof.” Judge Michael K. Callan stated that the petition needed at least 41 signatures from owners living in the park to represent the required 51 percent of residents. Forty-nine signatures were submitted; of those, the court found that four were duplicates (from the same unit), five were subtenants (not owners), five were owners but did not live in the park, and four more freely rescinded and withdrew their approval. That left the association with only 31 signatures of support from resident owners. “No effort was made by any of the signature gatherers to verify whether the park residents who were asked to sign the petition were owners or simply tenants, subtenants, or guest residents at the park,” Judge Callan wrote in his decision.
Do you honestly believe that a group of residents who can’t even figure out the simple directions for signing a petition are competent to put together a non-profit and funding for a “tenant owned” property?