(1) As used in this section, “eligible space” means each space in the facility as long as:
(a) The space is rented to a tenant and the tenancy is subject to ORS 90.505 to 90.840; and
(b) The tenant who occupies the space has not:
(A) Previously agreed to a rental agreement that includes the proposed rule or regulation change; or
(B) Become subject to the proposed rule or regulation change as a result of a change in rules or regulations previously adopted in a manner consistent with this section.
(2) Notwithstanding ORS 90.245 (1), the parties to a rental agreement to which ORS 90.505 to 90.840 apply shall provide for a process establishing informal dispute resolution of disputes that may arise concerning the rental agreement for a manufactured dwelling or floating home space.
(3) The landlord may propose changes in rules or regulations, including changes that make a substantial modification of the landlord’s bargain with a tenant, by giving written notice of the proposed rule or regulation change, and unless tenants of at least 51 percent of the eligible spaces in the facility object in writing within 30 days of the date the notice was served, the change shall become effective for all tenants of those spaces on a date not less than 60 days after the date that the notice was served by the landlord.
(4) One tenant of record per eligible space may object to the rule or regulation change through either:
(a) A signed and dated written communication to the landlord; or
(b) A petition format that is signed and dated by tenants of eligible spaces and that includes a copy of the proposed rule or regulation and a copy of the notice.
(5) If a tenant of an eligible space signs both a written communication to the landlord and a petition under subsection (4) of this section, or signs more than one written communication or petition, only the latest signature of the tenant may be counted.
(6) Notwithstanding subsection (4) of this section, a proxy may be used only if a tenant has a disability that prevents the tenant from objecting to the rule or regulation change in writing.
(7) The landlord’s notice of a proposed change in rules or regulations required by subsection (3) of this section must be given or served as provided in ORS 90.155 and must include:
(a) Language of the existing rule or regulation and the language that would be added or deleted by the proposed rule or regulation change; and
(b) A statement substantially in the following form, with all blank spaces in the notice to be filled in by the landlord:
______________________________________________________________________________
NOTICE OF PROPOSED RULE
OR REGULATION CHANGE
The landlord intends to change a rule or regulation in this facility.
The change will go into effect unless tenants of at least 51 percent of the eligible spaces object in writing within 30 days. Any objection must be signed and dated by a tenant of an eligible space.
The number of eligible spaces as of the date of this notice is: _____. Those eligible spaces are (space or street identification): ___________________________.
The last day for a tenant of an eligible space to deliver a written objection to the landlord is _________ (landlord fill in date).
Unless tenants in at least 51 percent of the eligible spaces object, the proposed rule or regulation will go into effect on _________.
The parties may attempt to resolve disagreements regarding the proposed rule or regulation change by using the facility’s informal dispute resolution process.
______________________________________________________________________________
(8) A good faith mistake by the landlord in completing those portions of the notice relating to the number of eligible spaces that have tenants entitled to vote or relating to space or street identification numbers does not invalidate the notice or the proposed rule or regulation change.
(9) After the effective date of the rule or regulation change, when a tenant continues to engage in an activity affected by the new rule or regulation to which the landlord objects, the landlord may give the tenant a notice of termination of the tenancy pursuant to ORS 90.630. The notice shall include a statement that the tenant may request a resolution through the facility’s informal dispute resolution process by giving the landlord a written request within seven days from the date the notice was served. If the tenant requests an informal dispute resolution, the landlord may not file an action for possession pursuant to ORS 105.105 to 105.168 until 30 days after the date of the tenant’s request for informal dispute resolution or the date the informal dispute resolution is complete, whichever occurs first.
(10) An agreement under this section may not require informal dispute resolution of disputes relating to:
(a) Facility closure;
(b) Facility sale; or
(c) Rent, including but not limited to amount, increase and nonpayment.
(11) ORS 90.510 (1) to (3), requiring a landlord to provide a statement of policy, do not create a basis for a tenant to demand informal dispute resolution of a rent increase. [1991 c.844 §10; 1993 c.580 §1; 1995 c.559 §36; 2001 c.596 §36a]
Section: Previous 90.537 90.539 90.540 90.545 90.555 90.600 90.605 90.610 90.620 90.630 90.632 90.634 90.635 90.645 90.650 NextLast modified: August 7, 2008