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Legislative Update - Week 5 - Anti Community Owner/Business Legislation Continues

We are now into the fifth week of the 2017 Oregon Legislative Session. 

Last week MHCO held a very successful Lobby Day on Wednesday, February 22nd. We have a great turnout - 93 attendees - who met with 76 Legislators. Thank you to everyone who made the effort to attend and visit with their Senator or State Representative. Attendees came from as far as Michigan! Face to face meetings with legislators are still important in the digital age - your efforts make a difference. Thank you to everyone who participated!

Here are some highlights of bills introduced last week or changed status since the last report: 

o HB 2008 - We mentioned this in the last report as LC 2997 It is a lengthy bill changing park sales, establishing an enforcement agency that can investigate landlord actions with up to $10,000 fines. It contains nearly every bad legislative idea that MHCO has fought against for the last 20 years. MHCO STRONGLY OPPOSES 

o HB 2009 - Advances sunset for subtraction for sale of manufactured dwelling park to certain entities. Creates personal income tax credit for sale of park. Provides that calculation of credit for taxes paid to other state allowed to nonresident taxpayer or allowed to estate treated as resident of another state occurs before allowance of credit for sale of park. MHCO is currently has no position - waiting to see what the Legislature wants in return. 

o HB 2990 - Increases time period during which tenants of manufactured dwelling park must identify or form tenants committee for purpose of purchasing park from 10 days to 60 days. Provides tenants committee with 15-day right of first refusal for offer or agreement to purchase park. MHCO Opposes. 

o HB 2165 -Requires building official to inspect small home for compliance with recreational vehicle program standards if home is not intended for use as residence or is not permanently sited. Requires building official to inspect small home intended as residence and permanently sited for compliance with Low-Rise Residential Dwelling Code. MHCO testified against and has been sent back to legislative counsel. 
 

Phil Querin Q&A: Landlord Liability For Non-Residential Structures Located On Space

Question. How should we deal with non-residential structures locate on residents' spaces -- such as park-owned carports, or structures built by residents themselves, such as sheds? MHCO has Form 52 which addresses liability from contractors, but I cannot find anything that deals with indemnifying management against resident claims occurring from use of these structures.


Phil Querin Q&A: Landlord Liability For Non-Residential Structures Located On Space

Question. How should we deal with non-residential structures locate on residents' spaces -- such as park-owned carports, or structures built by residents themselves, such as sheds? MHCO has Form 52 which addresses liability from contractors, but I cannot find anything that deals with indemnifying management against resident claims occurring from use of these structures.


Phil Querin Q&A: Landlord Liability For Acts Of God?


Question. Our park is on a well water. A few weeks ago, several homes had their pipes underneath their homes burst, leaving no pressure for water to deliver to the other homes in the community. The park was out of water for 6 days. A tenant in the park has told my onsite manager that he will deduct $15 a day from the rent. I told my manager not to accept his rent fearing that I will waive my rights to collect full rent which I feel that the park is entitled to. I have further instructed my manager to charge a late fee on the 6th day of the month, and then issue a 72 hour notice.


It is my belief that what occurred was not the fault of the park. I cannot allow this to occur, because every other tenant will then think that they can withhold rent when minor incidents happen. The tenant remains firm in his stance. I see my only avenue here is to file an eviction. Any suggestions?



Phil Querin Q&A: Landlord Liability For Acts Of God?


Question. Our park is on a well water. A few weeks ago, several homes had their pipes underneath their homes burst, leaving no pressure for water to deliver to the other homes in the community. The park was out of water for 6 days. A tenant in the park has told my onsite manager that he will deduct $15 a day from the rent. I told my manager not to accept his rent fearing that I will waive my rights to collect full rent which I feel that the park is entitled to. I have further instructed my manager to charge a late fee on the 6th day of the month, and then issue a 72 hour notice.


It is my belief that what occurred was not the fault of the park. I cannot allow this to occur, because every other tenant will then think that they can withhold rent when minor incidents happen. The tenant remains firm in his stance. I see my only avenue here is to file an eviction. Any suggestions?



Phil Querin Q&A - Resident Sales in Community - Tips for Management

Question: When residents want to place their home on the market, we tell them we have a preferred real estate agent we want them to use. Some residents oppose this and want to use their own agent they've already been working with. How can we resolve this? Also, is it permissible for us to insist that if they use their agent, we receive a portion of the commission at closing? We have a similar arrangement with our preferred agent, and it's worked out quite well.



Phil Querin Q&A - Resident Sales in Community - Tips for Management

Question: When residents want to place their home on the market, we tell them we have a preferred real estate agent we want them to use. Some residents oppose this and want to use their own agent they've already been working with. How can we resolve this? Also, is it permissible for us to insist that if they use their agent, we receive a portion of the commission at closing? We have a similar arrangement with our preferred agent, and it's worked out quite well.



I Used Pot Like Three Weeks Ago, Dude - A Proposed Oregon Law Would Protect Off-the-Job Marijuana Use

By Michael G. McClory

 

Although Sir Isaac Newton, the Lad from Lincolnshire, called by some the Father of Physics, has been dead for nearly 300 years, his thinking can help us make sense of the modern marijuana debates.  I am thinking in particular of Newton's Third Law of Motion: For every action