Oregon

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?  

 

 

ATTENTION: All MHCO Members Using Form 49 (Rent Increase)

As you may know, over the past couple of years, due to the shortage of rental housing, the State of Oregon and certain municipalities, made  changes to the landlord-tenant laws regarding no-cause evictions and rent increases. One of these new laws, ORS 90.323, became effective in 2017 and provided that rent increases could not be made during the first year of a tenancy. This came from a General Landlord – Tenant Coalition, and not the Manufactured Housing Coalition.  However, as a result of this law, MHCO Form 49 was changed to comply.

Phil Querin Q&A: Late Rent Payment Agreements and Bounced Checks

 

Question:  I have made an ongoing accommodation to a tenant that he can pay his rent on the 11th of the month. Because of a pension from the employer he retired from, funds are deposited to his bank on the 10th of every month. Earlier this month, we accepted his personal check and that check bounced. That is the 3rd time in the past 13 months that his rent checks have been returned to me. This tenant is otherwise a good resident, but the frustration has brought me to ask the following questions:

  • Have I created a problem for myself by agreeing to rent being due on the 11th of the month instead of the 1st of the month? 
  • Is there an MHCO form that can address this problem?
  • Can I charge this tenant a late fee for bounced checks along with the NSF fee (This is not addressed in my park rules and regulations but is addressed in the MHCO rental agreement 5A)?
  • Can I insist that this tenant pay his monthly rent by Certified Check or Money Order?  

 

 

Housing Affordability Bill Introduced in the US Senate

On September 26, 2018, Senator Elizabeth Warren (D-MA) introduced S. 3503, the American Housing and Economic Mobility Act, which seeks to “help bring down costs for renters and buyers and level the playing field so working families everywhere can find a decent place to live at a decent price." The bill would invest $445 billion in several existing programs including the National Housing Trust Fund, the Capital Magnet Fund, the Indian Housing Block Grant, and in rural housing programs, as well as create a new “Middle Class Housing Emergency Fund.” 

 

Mobile Homes and Recreational Vehicles: Title Issues

 

                  The objective of most mobile home and recreational vehicle park owners is to earn money.  However, certain things, when not done diligently, can cost park owners and operators money. Title issues may not seem like a “sexy” issue or concern, but title problems can impact park operations. While parks are not in the business of “monitoring” title, there are at least three scenarios as outlined below that can impede the park’s business if neglected. First, it is important to follow through on the transferring of title of a mobile home sold by a resident or third party to the mobile home park or vice versa. Similarly, the park needs to ensure that title is properly perfected in any sales within the park from an existing resident to a new resident. Finally, with respect to recreational vehicles specifically, it can be actual to obtain title paperwork before allowing such a recreational vehicle to remain in the park for an extended period of time.

                 

Generic MHC Rules and Regulations

Over the years many MHCO members have asked for a generic set of rules and regulations.  Attached is a copy of a generic set for your review.  Please be advised that any changes to  existing rules will require following a process outlined in statute (ORS 90.610) for residents currently living in your community.  MHCO has developed FORM 60 to use when changing your rules and regulations.  Your community rules are for you to develop and implement.