Rule changes for RV parks and other non-manufactured home tenancies are governed by
ORS 90.262. That statute allows landlords to implement rules if the rules: (a) promote the convenience, safety or welfare of the tenants; (b) are reasonably related to the purpose for which they are adopted; (c) apply to all tenants in a fair manner; (d) fairly inform the tenant of what they must or must not do to comply; (e) are not for the purpose of evading the obligations of the landlord; and (f) are given to the tenant in a written notice when the tenant signs the rental agreement, or when the rules are adopted.
If your RV park rules meet these requirements, you may require new tenants to sign the rules when they sign the rental agreement, and they are bound to follow those rules. One method of changing the park rules is to do it slowly over time as new tenants enter the park and sign the new rules. This will mean that different tenants have different sets of rules, which could lead to some conflicts (i.e., “why does my neighbor get to have two dogs, and I can only have one?”). However, there is nothing prohibiting different rules applicable to different sets of tenants. The explanation to tenants is the truth: “We are in the process of updating our rules as new tenants move into the park.”
It is possible to change your park rules for existing tenants, although problematic. RV park landlords can adopt new rules, but any rule adopted after the tenant enters into the rental agreement that works a “substantial modification of the bargain” is not valid unless the tenant consents to it in writing (ORS 90.262 (2)). Minor rule changes might be acceptable (i.e., “quiet hours are now 9:00 p.m. until 8:00 a.m.” or “guests cannot park on roadway, only in guest parking”). More impactful rule changes would not be enforceable (i.e., “tenants may only park one passenger vehicle on the rental space, not two”).
If you decide to change your rules for existing tenants, try to ensure that any changes you make are not “substantial modifications.” There is no statutory timeline for changing the rules, but I typically recommend that landlords provide the new rules in writing to each tenant at least
30 days before the new rules take effect (hand-delivered or mailed first-class mail). It is also a good idea to send an accompanying letter explaining the reasons for the rule changes and asking the tenants to please come to the office to sign the new rules – although few probably will.
Finally, if you do change the rules for existing tenants, realize that they can be challenged later even if a tenant does not initially object to the new rules. The most common scenario is when you must issue a 30-day, for-cause eviction notice to a tenant violating the new rules, which they can then challenge in court as unenforceable because they “substantially modified” the tenant’s original arrangement with the park. In that case, you must be prepared to explain to the court why the applicable rule was not a substantial modification.
