ORS 90.510(4) provides:

Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written rental agreement, except as provided by ORS 90.710 (Causes of action)(2)(d). The agreement must be signed by the landlord and tenant and may not be unilaterally amended by one of the parties to the contract except by:

1. Mutual agreement of the parties;

1. Actions taken pursuant to ORS 90.530 (Pets in facilities), 90.533 (Conversion of billing method for garbage collection and disposal), 90.537 (Conversion of billing method for utility or service charges), 90.543 (Utility or service charge billing for large manufactured dwelling parks) (3), 90.600 (Increases in rent), 90.725 (Landlord or agent access to rented space) (3)(f) and (7) or 90.727 (Maintenance of trees in rented spaces); or

1. Those provisions required by changes in statute or ordinance. (Emphasis added.)

In a recent Oregon Court of Appeals case, the full impact of these "unilateral" amendment provisions became the subject of scrutiny that (unless appealed and overturned by the Oregon Supreme Court) should serve as a cautionary warning for park owners and managers.

Question: A resident died last month in our community, leaving three adult daughters. Two of the daughters have been issued "No Trespassing" notices from management because of past bad behavior. One of the daughters barred from the community is the executor of the will. The manager has changed the locks on the home. The three daughters have demanded entry to remove items and provided our manager with the will. The daughters do not get along. What can our manager do? Set specific times for them to enter and remove items? The daughters are angry at our manager and each other - accusing the manager of removing items from the home as well as blaming each other. Last night they surrounded our manager and verbally abused her. What are the manager's rights? Does she have to let them on the property? Does she need to record everything that is removed from the home? How does she handle the two daughters who have been trespassed from the community?

Ask anyone who works on a Senior Living Community how they like their job and I can almost guarantee that they will tell you they have a love-hate relationship with it. Most employees will tell you that they love working with seniors; that they are a nice group of people, and they have a bond with them that they have never experienced while working on a multi-family community. They will also tell you of the heartaches and troubles of a senior community; and this is not just the obvious complications of dealing with an aging resident population. You will hear about the vast disparity between "the new senior" and "the elderly", the trends seniors are setting, the financial issues many seniors are facing, the troubling issue of increasing mental illness in seniors, and the demands seniors are making on staff. How does all this affect not only the senior market, but how will it affect the market at large? How do we stay on top of trends, and how do we assist the employees in this highly specialized market segment?

Question: I have made an ongoing accommodation to a tenant that he can pay his rent on the 11th of the month. Because of a pension from the employer he retired from, funds are deposited to his bank on the 10th of every month. Earlier this month, we accepted his personal check and that check bounced. That is the 3rd time in the past 13 months that his rent checks have been returned to me. This tenant is otherwise a good resident, but the frustration has brought me to ask the following questions:

• Have I created a problem for myself by agreeing to rent being due on the 11th of the month instead of the 1st of the month?
• Is there an MHCO form that can address this problem?
• Can I charge this tenant a late fee for bounced checks along with the NSF fee (This is not addressed in my park rules and regulations but is addressed in the MHCO rental agreement 5A)?
• Can I insist that this tenant pay his monthly rent by Certified Check or Money Order?

The objective of most mobile home and recreational vehicle park owners is to earn money. However, certain things, when not done diligently, can cost park owners and operators money. Title issues may not seem like a "sexy" issue or concern, but title problems can impact park operations. While parks are not in the business of "monitoring" title, there are at least three scenarios as outlined below that can impede the park's business if neglected. First, it is important to follow through on the transferring of title of a mobile home sold by a resident or third party to the mobile home park or vice versa. Similarly, the park needs to ensure that title is properly perfected in any sales within the park from an existing resident to a new resident. Finally, with respect to recreational vehicles specifically, it can be actual to obtain title paperwork before allowing such a recreational vehicle to remain in the park for an extended period of time.

Question: What can the landlord do when water is obviously leaking from one of the resident's homes? And what if the leak is less obvious, e.g. from under the home?

The first key to successful park operations is perhaps self-evident: human resources. In simple terms, successful park operations depend on the people that your customers (park residents) interact with on a daily, weekly, and monthly basis. Taking the time to recruit personnel who are personable and help your operations run smoothly and efficiently is time-consuming. Effective and consistent recruiting take place both internally and externally. The watchword from industry experts is to "be slow to hire and fast to fire". That means take your time in interviewing and do background checks to be sure you have the person who will both enjoy the job and do the job properly. Mistakes in hiring are costly. Training takes time and money. If you've made a mistake, admit it and quickly terminate the relationship before it gets worse.

Question: We issued a 30-60 day notice to a tenant to paint their home. Every tenant was sent a letter along with the notice requiring them to get prior approval for the paint color. This tenant did not get prior approval and painted his house a color that is too bright.

We have reached out to him several times requesting he come and discuss this with us and he has not responded. Extensions were given to August 31, 2018 for everyone who received a notice to paint, due to the extreme heat we had this summer. Some tenants have requested additional time and we have written agreements with them giving an additional 30 days until Sept 30, 2018.

We are making a final request to the uncooperative tenant to come to the office and talk with us. My question is would we be able to proceed under the 30-60 day disrepair notice, or do we start a new 30 day notice? He did paint like we asked him, but it was not a color approved by management.

Question: An existing resident who has been a good tenant in the past has currently had a life change that has resulted in multiple family members visiting daily, every week. Many of the visiting relatives appear to be associated with bad actors, e.g. drug dealers, etc., although much is hearsay. The visiting relatives are not living in the house. What steps can I take to get the unwanted guests off the property once and for all?

Question: A former resident who was a major problem while living here, voluntarily left the community and removed his home. However, he continues to visit the community and neighbors. This person has been seen on his old space (currently vacant and not in his possession) and also visiting existing tenants' spaces. Can I trespass this person from the community? If so, what grounds do I need to trespass someone?