Oregon Statutes 90.846 – Notices and processes in facility transfer; remedies
(1) During the process described in ORS § 90.842 to 90.850, the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and to negotiate with the tenants or the entity in good faith.
Terms Used In Oregon Statutes 90.846
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
- Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
- Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100
(2) Except as provided in ORS § 90.848, before selling a facility to an entity that is not formed by or associated with the tenants, the owner of the facility must give the notice required by ORS § 90.842 and comply with the requirements of ORS § 90.844.
(3) A minor error in providing the notice required by ORS § 90.842 or in providing the financial information required by ORS § 90.844 does not prevent the owner from selling the facility to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.
(4) During the process described in ORS § 90.842 to 90.850, the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants.
(5) If the owner does not comply with requirements of this section and ORS § 90.842 and 90.844, in a substantial way that prevents the tenants from competing to purchase the facility, the tenants may:
(a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS § 90.850; or
(b) Recover 10 percent of the sale price of the facility.
(6) Upon an award of damages under subsection (5)(b) of this section, the Department of Justice becomes a judgment creditor as to 50 percent of the award and the prevailing party becomes a judgment creditor for the remaining 50 percent of the award. Any recovery of the Department of Justice’s share of the award shall be deposited into the Manufactured Dwelling Parks Account under ORS § 456.579, after deducting the Department of Justice’s costs of collection.
(7) Within seven days following a judgment award under subsection (5)(b) of this section, the prevailing party shall provide written notice of the award to the Department of Justice.
(8) If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS § 90.844, the owner may recover actual damages from the tenant.
(9) The Housing and Community Services Department shall prepare and make available information for tenants about purchasing a facility. [2014 c.89 § 3; 2019 c.625 § 28; 2021 c.292 § 3]