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Refresher on Age Restricted Community - "55 and Older Communities"

Community Update
Chuck Carpenter
By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person".

A Refresher on the Housing for Older Persons Act (55 and Older Communities)

Community Update
Chuck Carpenter
By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person".

Phil Querin Q&A: Temporary Occupant Stealing Electrical Power

Phil Querin Questions & Answers
Phil Querin

Answer: Assuming that the landlord has a temporary occupancy agreement in place, the answers are found in ORS 90.275 (Temporary occupancy agreement; terms and conditions). Specifically: - The temporary occupancy agreement is between the landlord, tenant and temporary occupant - all must sign. - The temporary occupant does not have the same rights as a tenant under the landlord-tenant law.

Re-Survey In 55 & Older Communities - Make Sure You Are Current

Community Update
Chuck Carpenter
We all know that 80% or more of a community homesites must be occupied by at least one 55+ person, and that documented proof of age must be consistently required to qualify for 55+ status under HOPA. Let's not forget that the requirements also mandate the re-survey.What do the Regulations say? ...The procedures described in paragraph (b) [routinely determining the occupancy of each unit

Phil Querin Q&A: Selling New Manufactured Home for Community Sales

Phil Querin Questions & Answers
Phil Querin

Answer: The following answers should not be regarded as "legal advice" since this column is intended to be purely educational and for general information purposes. You need to consult your own attorney for a legal opinion. - You are correct about the law; the limited dealer's license is just for park owners with abandoned homes.

Screening Criteria - Essential to Application Process and Preserving Your Role as the Gate Keeper for Your Community

Community Update
Chuck Carpenter
Your Screening Criteria" is another important document that should be provided to an interested applicant. This is the document that will determine where you draw the line between acceptance and denial. Your "Screening Criteria" is a written statement of the factors the landlord considers in deciding whether to accept of reject an applicant and any qualification required for acceptance.

Americans With Disabilities Revised Requirements - Service Animals

Community Update
Chuck Carpenter
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register.

Recreational Vehicle Question and Answer with Attorney Mark Busch: RV Rental Agreements

Community Update
Chuck Carpenter

By Mark L. Busch, P.C., Attorney at Law Question: Can our park use the regular MHCO manufactured home rental agreement for RV tenants who are allowed in certain spaces throughout our manufactured home park? Answer: No, the park should definitely not use a regular manufactured home rental agreement for RVs.

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