Oregon

Phil Querin Q&A: Rules Changes in Manufactured Housing Communities

 

Question:  In regards to rules changes, I see two problematic scenarios: (1) Parks that post a new rule in a common area that either overrides an existing rule or is an additional rule not covered in residents’ current rules and regs; and (2) Parks that send residents a new set of rules and regs without providing any notice about resident opportunity to object to such new rules and regs.  In both scenarios, management fails to give notice required under 90.610. In the first scenario, management not only fails to inform residents of their opportunity to object, they are not even complying with the basic notice requirement in 90.155since they are only posting in a common space where residents hopefully will see it.  Can you comment?

 

 

Phil Querin Q&A: Section 8 Resident Non Payment of Rent

 

Question:  In the past I have always worked successfully with residents on HUD housing vouchers (Section 8), but I have a resident who is now 2 months behind due to HUD not following through with payments. If this keeps happening, do I have to continue to allow Section 8 vouchers, or is it ultimately the responsibility of the resident to get us the rent on time! 

 

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.