Rules and Regulations

Answer: Both approaches are incorrect, as they do not comply with 90.610and 90.155for proper rule changes. This is exceeding risky, since, in my opinion, it creates the potential tenant argument that not being effectively enacted means the new rule is not enforceable.

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.

Answer: By way of refresher, ORS 90.630 pertains to curable maintenance/appearance violations relating to residents' spaces.

Answer. This can be a complicated issue. First, there are a series of state statutes governing the towing of vehicles from private property (here). They should be carefully reviewed before undertaking this process.

Here is a relevant portion of the law:

Answer. When I went to law school, "drones" were the worker bees. There were no legal classes on them, and I never imagined I'd be writing articles about them today. This is to say that my answer below should be viewed as general in nature. So if you disagree with me, please refrain from a stinging rebuke.

Answer. This is a tough one, because there is really nothing in Oregon's landlord-tenant law addressing the situation, and if you don't have anything in your rules (and presumably rental/lease agreement) there is very little leverage you have to force the resident to remove the trampoline.

Answer. I'm confused. May I assume the grandmother or her sister are at least 55 years old? If so, they qualify both as to the requirement that there be at least one occupant 55+, and as to the second person requirement. That should be the end of the age issue.

Answer. Subject to the caveat that I am not a First Amendment lawyer, here are my thoughts:

The First Amendment to the U.S. Constitution provides:

But when all is said and done, the one thing that takes most of the community manager's time is handling guideline violations. How do you, as an extremely busy person, do this with only a minimum amount of time invested? How do you handle residents as a fragile yet necessary part of your business and still get everything else done without making them feel that they are an imposition to you?

Answer.   ORS 90.100(38) defines the “Rental agreement” as: “…all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 or 90.510 (6) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease.