§ 6-7-13. EXEMPTIONS.

(A)

This article does not apply to transfers of title to real property in the following circumstances:

(1)

through a foreclosure sale or trustee's sale, or a deed in lieu of foreclosure;

(2)

through a pre-foreclosure sale where the seller has reached an agreement with the mortgage holder to sell the facility for an amount less than the amount owed on the mortgage;

(3)

through the exercise of or under the threat of eminent domain;

(4)

from one family member to another family member without consideration;

(5)

under a court order or probate proceedings; or

(6)

under a decree of legal separation or dissolution of marriage, or property settlement agreement incidental to such a decree.

(B)

This article does not apply to a residential facility if one or more of the following apply:

(1)

the facility was constructed no more than ten years before the time of sale;

(2)

the facility participated in the Austin Energy Home Performance with Energy Star program, or an equivalent Austin Electric Utility program, not more than ten years before the time of sale and either:

(a)

performed at least three of the efficiency measures

(b)

performed all recommended efficiency measures, as determined by the director, or

(c)

received from the Austin Electric Utility an energy efficiency rebate of not less than five hundred dollars ($500.00);

(3)

the facility participated in the Austin Energy Free Weatherization Program, or an equivalent Austin Electric Utility program, not more than ten years before the time of sale;

(4)

the purchaser of the facility qualifies for and has signed an agreement, in a form acceptable to the director, agreeing to participate in the Austin Energy Free Weatherization Program or an equivalent Austin Electric Utility program, not later than six months after the time of sale; or

(5)

the facility is manufactured housing built on a permanent chassis and designed to be used without a permanent foundation.

Source: Ord. 20081106-047; Ord. 20110421-002.