Mac’s Homeowners Association, et al. v. Gebo, et al. (Lawyers Weekly No. 11-141-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   16-P-451                                        Appeals Court   MAC’S HOMEOWNERS ASSOCIATION & another[1]  vs.  JAMES GEBO & others.[2]     No. 16-P-451.   Essex.     February 2, 2017. – November 9, 2017.   Present:  Green, Meade, & Agnes, JJ.     Practice, Civil, Motion to dismiss, Consumer protection case.  Manufactured Housing Community.  Cooperative Housing.  Consumer Protection Act, Standing, Unfair or deceptive act.     Civil actions commenced in the Northeast Division of the Housing Court Department on June 24 and July 1, 2014.   After consolidation, a motion to dismiss was heard by Timothy F. Sullivan, J., and entry of separate and final judgment was ordered by him.     Stephen A. Wasserman for the plaintiffs. Joseph E. Kelleher, III, for the defendants.     AGNES, J.  The plaintiffs, cooperative housing associations whose members (hereinafter homeowners) own mobile homes located in Mac’s Trailer Park (Mac’s Park) in Peabody, initiated this action claiming that the defendants (hereinafter developers) committed unfair or deceptive acts or practices in violation of G. L. c. 93A, § 2, when they appeared unannounced and declared that they were purchasing Mac’s Park and that the homeowners would have to move or vacate.  The developers’ actions are alleged to have been premature, given that the owner of Mac’s Park failed to provide the homeowners with the statutorily mandated notice of sale and opportunity to exercise a right of first refusal, see G. L. c. 140, § 32R, and unlawful, in that, by law, the homeowners’ tenancies could only be terminated for certain specific reasons, none of which were applicable, see G. L. c. 140, § 32J.  As a result, the plaintiffs allege that the homeowners put their lives “on hold,” were unable to sell or lease their mobile homes, and suffered extreme emotional distress.  Acting on a motion to dismiss filed by the developers, however, a Housing Court judge held that the plaintiffs failed to state a claim upon which relief could be granted.  See Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974).  This appeal followed, and upon the required de novo review, we conclude that the factual allegations in the plaintiffs’ complaint are sufficient to plausibly suggest an entitlement to relief under G. L. c. 93A.  See Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008). Background.  The following facts are derived from the plaintiffs’ verified complaint.  Mac’s Park is a “manufactured housing community,” see G. L. c. 140, § 32F, as appearing in St. 1991, c. […]

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