Oregon Statutes 90.643 – Conversion of park to planned community subdivision of manufactured dwellings
(1) A manufactured dwelling park may be converted to a planned community subdivision of manufactured dwellings pursuant to ORS § 92.830 to 92.845. When a manufactured dwelling park is converted pursuant to ORS § 92.830 to 92.845:
Terms Used In Oregon Statutes 90.643
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
- Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Lien: A claim against real or personal property in satisfaction of a debt.
- Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
- Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
(a) Conversion does not require closure of the park pursuant to ORS § 90.645 or termination of any tenancy on any space in the park or any lot in the planned community subdivision of manufactured dwellings.
(b) After approval of the tentative plan under ORS § 92.830 to 92.845, the manufactured dwelling park ceases to exist, notwithstanding the possibility that four or more lots in the planned community subdivision may be available for rent.
(2) If a park is converted to a subdivision under ORS § 92.830 to 92.845, and the landlord closes the park as a result of the conversion, ORS § 90.645 applies to the closure.
(3) If a park is converted to a subdivision under ORS § 92.830 to 92.845, but the landlord does not close the park as a result of the conversion:
(a) A tenant who does not buy the space occupied by the tenant’s manufactured dwelling may terminate the tenancy and move. If the tenant terminates the tenancy after receiving the notice required by ORS § 92.839 and before the expiration of the 60-day period described in ORS § 92.840 (2), the landlord shall pay the tenant as provided in ORS § 90.645 (1).
(b) If the landlord and the tenant continue the tenancy on the lot created in the planned community subdivision, the tenancy is governed by ORS § 90.100 to 90.465, except that the following provisions apply and, in the case of a conflict, control:
(A) ORS § 90.510 (4) to (7) applies to a rental agreement and rules and regulations concerning the use and occupancy of the subdivision lot until the declarant turns over administrative control of the planned community subdivision of manufactured dwellings to a homeowners association pursuant to ORS § 94.600 and 94.604 to 94.621. The landlord shall provide each tenant with a copy of the bylaws, rules and regulations of the homeowners association at least 60 days before the turnover meeting described in ORS § 94.609.
(B) ORS § 90.530 applies regarding pets.
(C) ORS § 90.545 applies regarding the extension of a fixed term tenancy.
(D) ORS § 90.600 (1) to (7) applies to an increase in rent.
(E) ORS § 90.620 applies to a termination by a tenant.
(F) ORS § 90.630 applies to a termination by a landlord for cause. However, the sale of a lot in the planned community subdivision occupied by a tenant to someone other than the tenant is a good cause for termination under ORS § 90.630 that the tenant cannot cure or correct and for which the landlord must give written notice of termination that states the cause of termination at least 180 days before termination.
(G) ORS § 90.632 applies to a termination of tenancy by a landlord due to the physical condition of the manufactured dwelling.
(H) ORS § 90.634 applies to a lien for manufactured dwelling unit rent.
(I) ORS § 90.680 applies to the sale of a manufactured dwelling occupying a lot in the planned community subdivision. If the intention of the buyer of the manufactured dwelling is to leave the dwelling on the lot, the landlord may reject the buyer as a tenant if the buyer does not buy the lot also.
(J) ORS § 90.710 applies to a cause of action for a violation of ORS § 90.510 (4) to (7), 90.630, 90.680 or 90.765.
(K) ORS § 90.725 applies to landlord access to a rented lot in a planned community subdivision.
(L) ORS § 90.730 (2), (3), (4) and (7) apply to the duty of a landlord to maintain a rented lot in a habitable condition.
(M) ORS § 90.750 applies to the right of a tenant to assemble or canvass.
(N) ORS § 90.755 applies to the right of a tenant to speak on political issues and to post political signs.
(O) ORS § 90.765 applies to retaliatory conduct by a landlord.
(P) ORS § 90.771 applies to the confidentiality of information provided to the Housing and Community Services Department about disputes. [2011 c.503 § 17; 2013 c.443 § 12; 2017 c.198 § 3; 2019 c.1 § 9; 2019 c.625 § 57; 2023 c.226 § 7]