Question. We have a resale compliance form that we give to residents planning to sell their home on site. We recently had a resident tell us we could not dictate what they had to do in order to prepare their home for resale. Is that correct?
Summer is here again! And the kids have started their seasonal pilgrim- age to the coolest place in the all- age park, the swimming pool. Each year, there is accidental loss of life in private residential pools. Management is not required to provide lifeguards or medical services. As a mandate of federal law (mirrored in the Fair Employment and Housing Act as well), when it comes to common facilities in all age parks, (pools included), parents and guardians are charged with the discretion and power to supervise. This is not a management function. And now, a new case shows that liability can be sought for internal management guidelines passed along to managers from educational course notes!
Question. A resident living alone is in a coma in the hospital. Family and friends have arrived and insist in staying at the resident's home. What should the manager do? How does the manager even know if these people should be allowed in the house? What are the park's rights and what notice would you use to resolve the issue?
Question. Our manager gave a 30-day notice to a resident for continued bad behavior (e.g. disturbing the peaceful enjoyment of other residents). After the 30-day notice was served the bad behavior continued. Does the manager have to wait the full 30 days before going to court and filing the eviction?
Did you know Oregon law requires you as a park owner to give notice to residents when you intend to sell your park?
Did you know that many owners are not completing this legal obligation properly...and some are being sued for it?
In 2015, the Oregon legislature changed the law in a few very important ways, but notification of our increased legal responsibility has been nonexistent -- save for park landlord training like that offered at MHCO.
Question. One of our residents is in the hospital after a stroke. Her sister arrived from California at the park and is staying at the stricken resident's house. The sister has a 5-year old daughter. The park is a 55+ community. The resident is completely incapacitated. Some residents are upset that a 5-year old is staying in the community. What is management's responsibility regarding the sister and daughter's access to our resident's house? A temporary occupant agreement requires the signature of the resident, who, in this case, is not available. And the landlord is not even sure if the sister has permission from the resident. Finally, what about the 5 year old? What should be the landlord's course of action?
Question: What are a landlord's rights against a lender holding a lien on the tenant's home following the tenant's abandonment? We have a lender who signed the storage agreement, but has failed to maintain the space. What notice should the landlord give? Do we have to start the abandonment notification all over again?
Question: We have a couple of situations with unauthorized RV occupants in our park. The first is an RV tenant who has moved in a person who we consider to be a nuisance -- she has been yelling at other residents. The second situation is a nice lady who has moved in a boyfriend -- he seems okay but still hasn't been approved. In both cases, they have ignored our requests to fill out a rental application. We use MHCO Form 80 (RV Space Rental Agreement). Is there anything in that agreement that allows us to do something about these situations?
Question. I am always concerned about what my rights are as a manager when I go upon a resident's space. Can you clarify for me?
One of the most troubling dilemmas of park owners and managers is whether to accept rent when the resident is already in default. This can be a trap for the unwary, and can result in a waiver of the landlord's right to demand that the resident vacate the mobile home park/community.
Here are some rules which may be helpful: