Oregon

Phil Querin Q&A: Pictures of Prospective Tenants

 

Question:   We always ask for a picture of the prospective tenant and all occupants, their RV (if applying to our RV portion of the park), their pets, and the tow vehicle prior to looking at an application.  Is this legal?  If not, should I destroy all the pictures we have on file?  Is it ever legal to have pictures of residents etc. in the files?  Would it be better if we did it after the application was reviewed and accepted?

 

 

A True Opportunity to Purchase A Landlord’s overt offer to Tenants and CASA of Oregon (Part 4)

By: Dale Strom

Dale Strom is a second generation Manufactured Home Community landlord. He is a Board Member, past President and current Treasurer of MHCO.

This is the fourth of a multiple part series on a private owner of a Manufactured Home Community willingly attempting to sell that Community to an Association of tenants within that Community. Riverbend MHP is a 39 space community located within the city limits of Clatskanie, OR.

Phil Querin Q&A: Common Area Pass-Throughs

 

Question:  We have submeters to all of the resident spaces in our community for sewer and water. But common area sewer/water was not submetered. We would like to do so now. We are planning to look at the trailing 12 months’ numbers in each of these three categories, and dividing those numbers by 12 months, and then dividing those number by the number of sites in our community (175). So my question is: How much notice do we have to give our residents in order to pass this amount thru to them?

 

 

Oregon Midterm Election Results - A Bitter Pill - Worse Than Expected

The 2018 Midterm Elections are over and the results are worse than expected.  

 

In the Oregon House Democrats pick up three seats defeating Republican Representatives Vial (Wilsonville), Parrish (West Linn) (who spoke at conference) and Helfrich (east Multnomah County and Hood River) giving the Democrats a 38 to 22 vote to control of the chamber - well over super majority and close to historic highs for party control.

 

Unilateral Amendments to Community Rental and Lease Agreements Recent Oregon Court of Appeals Case

 

ORS 90.510(4) provides:

Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written rental agreement, except as provided by ORS 90.710 (Causes of action)(2)(d). The agreement must be signed by the landlord and tenant and may not be unilaterally amended by one of the parties to the contract except by:

 

  1. Mutual agreement of the parties;

 

  1. Actions taken pursuant to ORS 90.530 (Pets in facilities)90.533 (Conversion of billing method for garbage collection and disposal)90.537 (Conversion of billing method for utility or service charges)90.543 (Utility or service charge billing for large manufactured dwelling parks) (3), 90.600 (Increases in rent)90.725 (Landlord or agent access to rented space) (3)(f) and (7) or 90.727 (Maintenance of trees in rented spaces); or

 

  1. Those provisions required by changes in statute or ordinance. (Emphasis added.)

 

In a recent Oregon Court of Appeals case, the full impact of these “unilateral” amendment provisions became the subject of scrutiny that (unless appealed and overturned by the Oregon Supreme Court) should serve as a cautionary warning for park owners and managers.

                                                                                                                                         

Phil Querin Q&A: Family Feud After Resident Dies

 

Question:  A resident died last month in our community, leaving three adult daughters.  Two of the daughters have been issued “No Trespassing” notices from management because of past bad behavior.  One of the daughters barred from the community is the executor of the will.  The manager has changed the locks on the home.  The three daughters have demanded entry to remove items and provided our manager with the will.  The daughters do not get along.  What can our manager do?  Set specific times for them to enter and remove items?  The daughters are angry at our manager and each other - accusing the manager of removing items from the home as well as blaming each other.  Last night they surrounded our manager and verbally abused her.  What are the manager’s rights?  Does she have to let them on the property?  Does she need to record everything that is removed from the home?  How does she handle the two daughters who have been trespassed from the community?

 

Angel Rogers: Are you ready for the New Reality of Senior Housing?

 

 

 

Ask anyone who works on a Senior Living Community how they like their job and I can almost guarantee that they will tell you they have a love-hate relationship with it.  Most employees will tell you that they love working with seniors; that they are a nice group of people, and they have a bond with them that they have never experienced while working on a multi-family community.  They will also tell you of the heartaches and troubles of a senior community; and this is not just the obvious complications of dealing with an aging resident population.  You will hear about the vast disparity between “the new senior” and “the elderly”, the trends seniors are setting, the financial issues many seniors are facing, the troubling issue of increasing mental illness in seniors, and the demands seniors are making on staff.  How does all this affect not only the senior market, but how will it affect the market at large?  How do we stay on top of trends, and how do we assist the employees in this highly specialized market segment?