Question. As a park, we would like to purchase new manufactured homes to fill vacant lots. We would purchase them from the manufacturer, set them up, and probably list them through a real estate agent for the marketing. We would not handle the financing, especially under the complicated Dodd-Frank stuff, which would require the prospective purchaser to seek their own means of coming up with the funds to make the purchase. We would not "carry the paper." We assume that the real estate people are either MLO's themselves, or can point a prospective purchaser into the direction of a MLO. At this point, we believe that we have the financial portion on our side figured out, but run into a couple of legal questions that you may be able to help us with.

Today, I contacted the Oregon Division of Finance & Corporate Securities asking what type of Manufactured Structures Dealer ("MSD") license we would need to purchase new homes from a dealer and resell them within our park. He explained that the Limited MSD license would suffice. I told him that I had read that the limited MSD license authorized the selling of no more than 10 pre-owned manufactured structures during a calendar year, and that my understanding is only abandoned structures and dwellings purchased by the licensee and sited at the licensee's park at the time of sale fit under the LMSD license. I asked him if the sale of the structure "sited in the park" meant that when the park owner re-sold the unit the home was required to be sited in the park, or when the park owner purchased the home from the manufacturer the home needed to be already within the park. He told me that that was a good question that no one had asked before but still felt that a LMSD license would be okay.

Upon further checking I see that a MSD (not a Limited MSD) allows a business holding that license to sell new and used manufactured structures. Our questions are as follows:
ۢ What type of a Manufactured Structure License would we need to sell new homes that we have purchased from a dealership or manufacturer?
ۢ Can we as park even hold a MSD License?
ۢ Would our idea of placing the marketing of the home into the hands of a real estate agent release us from having to become or hire an independent MLO?

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. By doing so, the park might inadvertently give the RV tenants more rights than they are otherwise entitled to under Oregon's Landlord-Tenant Laws. Specifically, the MHCO manufactured home rental agreement (and most other, similar manufactured home rental agreements) typically define the rented space as being used for a manufactured home." This could used against the park in an eviction action. The RV tenant's attorney could very well argue that the RV is a "manufactured home

Question: The Clackamas County tax assessor just called seeking a list of the tenants and their mailing addresses in my park. The purpose is to track down people who might be late on taxes as they are getting returned mail. Apparently they have called 15 park owners so far seeking this information. I do not know if I am violating any confidentiality or privacy rights of my tenants by providing such information. Please let me know if it is OK to send them the information. Park owners and members of MHCO in the county might have the same question. Thank you.

By David M. Weber & M. Christine Weber We all know it is far easier to maintain a resident than find one who will fill a vacant space within a community. This is particularly true in 55+ communities. To be great at resident retention, managers need to believe strongly in the lifestyle that has led many seniors to a manufactured housing way of life. Managers must be helpful, respectful, enthusiastic and work relentlessly to continuously improve their seniors' lifestyles. One of the measuring sticks of great managers, as well as great regional managers, is their ability to be friendly while at the same time, keeping their eyes firmly upon the objectives of the community. The responsibilities of property management are immense and sometimes thankless. It is hard to believe that any of us could add another thing to our schedules to strive for better resident relations. But we must, and we must go at it with an eager, devoted, and intense passion to be successful. The only way to achieve this and still maintain the quality of the community is great organizational skills, resident, participation and the initiative to be creative. No matter how large or small a community and its budget, the following simple steps will bring a community to its peak performance and create strong resident relations. Get the Residents Involved Make photo albums or scrapbooks of residents enjoying their community or community activities. Seniors enjoy donating photos from their past and the fun time they've had with neighbors or friends. Residents can form a photography club to take pictures of all community events, funny resident situations and neighbors helping one another. Photo clubs are a good source for pictures submitted by residents. Volunteers can help with the collection of photos and putting together the album. Display the album(s) proudly in the activity center or community lounge area for all to enjoy. Managers should look through the books from time to time to ensure quality content. Encourage residents to write positive letters or stories about the community. Resident writings can be collected in an attractive album, which is also to be displayed in the community activity center. When the letters have been submitted, ask if they may be used in the community newsletter. Pick one letter a month to exhibit in an attractive picture frame under the caption, Letter of the month" or "Why we enjoy living in this community." Create a journal to pass around the community (it may be a spiral notebook) for all residents to write in. A note stating the topic should be firmly attached on the outside of the journal for all to read before inserting thoughts. The note may ask for how long the resident has lived in the community and a short biography. Encourage the use of photos or themselves

Question: A tree limb fell through a resident's roof. I told him what I believed the recently enacted state law was, but don't know if I was thorough enough. Under the old law, tree maintenance was the tenants' responsibility -- period; regardless of whether the landlord or tenant planted and regardless of size. The resident says I should make the space safe. I told him to take it up with the City of Portland as I wanted to take the tree out when I first developed the property and they said I had to keep the tree. I told the resident hat my policy had been to split the tree removal cost with the resident and he agreed. What are my rights here?