Category: Floating Home Law

What to Expect at the June 19th MH Coalition Meeting

We will be discussing 2 items relevant to Floating Home Owners:
  1. Enforcement/Dispute Resolution – Finding ways for issues between marina landlords and tenants to be resolved without litigation.  Good laws are already on the books, but what do we do when our rights have been violated by a marina owner and currently our only recourse is to take them to court which involves attorneys and cost, and can place us in greater threat of eviction.  We are discussing possible laws and programs which can help us get the support we need.
  2. Terminations/Evictions – Landlords want easier ways to fast-track the eviction process and tenants want more clarity in the language of the current law so that you can’t get evicted for minor infractions of your marina rules.  Come prepared to discuss your ideas (review ORS Chapter 90.630 – how and for what reasons a landlord can evict you) in preparation.  We need to make sure that landlords do not gain more power to evict and we need to reduce the uncertainty of the current eviction language in the law so that a judge can’t grant an eviction because your dog was off-leash or because you were seen running on the docks twice within a 6-month timeframe.

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If you haven’t already, now is a great time to review your lease.  This consists of three items: (1) the Marina Statement of Policy, (2) Marina Rules and (3) your Rental Agreement.  The lease you signed, and the rules you agreed to, may be different from the current leases and sets of rules at the marina.

If you don’t have a copy of your lease, your marina owner must supply one to you (ORS 90.510).  Make sure they provide you with a copy of the lease that you signed – not the current lease or current set of rules at the marina.

Once you have your lease, review the marina rules you signed and think through which ones, if broken, should be grounds for eviction and which rule violations should be considered minor rules infractions, instead of causing you to lose your home.

See you there!

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Manufactured Housing Landlord/Tenant Coalition will be held on Tuesday, June 19, 2018, from 9 to noon.

This meeting will be held at the Tigard office of Multifamily NW, at 16083 SW Upper Boones Ferry Road, #105 (first floor, front of the building).

The call-in number here is 515-604-9000, passcode 948800.

Next Steps: Post May 16th Marina Issues Subcommittee Meeting

While we don’t have a next date set yet for the second Marina Issues Subcommittee meeting, there is plenty you can do.

  • Spread the word to Floating Home Owners who rent their slips that we exist and we want to hear from them. FHOs interested in joining the email list can email their request to join, along with the name of their moorage, to: rights@floatinghomeowners.com
  • Visit www.FloatingHomeOwners.com for events and information you might find useful.
  • Next meeting TBD: Once we hear back from the Subcommittee Facilitators about when would be an appropriate time to reconvene as a group, then we will schedule our Floating Home Owners meeting in advance of that.
  • Review the list of proposed legislative issues from above and come prepared to participate in the next FHO Tenant-only meeting.
  • Organize your marina. Start your own marina tenant association at your moorage so that you can communicate and stay informed with the local happenings at your marina. Look out for one another and be good neighbors.
  • Consider starting a Committee of Seven (a group of FHO Tenants who get together to discuss tenant issues with the Marina Landlord) – Oregon Law has created this protected group so that your Landlord must listen to your voices. For more information, search online for “ORS 90.600(5)(a)”
  • You might consider gathering some fellow tenants from your marina and pooling together for attorneys fees if you live in a marina that charged fees which might be considered prohibited by law. Then email us what you find out so we can share!
  • Form a Marina Purchase Organization and notify your Marina Landlord that you want to be notified if the Marina Owner is considering selling. Meet with your fellow tenants to get an idea of who is interested in purchasing and what funds you might be able to secure for such a purchase. It is typically pretty difficult to get yourself evicted, when you own your slip. Get yourselves ready for that time when the Marina Owner says they are selling. From that moment, you will have about 14 days to make an offer. Do the heavy-lifting required to prepare yourselves to make an offer before the Owner decides to sell. For more information, search online for “ORS 90.805 to 90.830”
  • Think about what we might want this group to be in the future and think through what special skills you might like to contribute.

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We are considering making this official and creating a non-profit organization dedicated to Floating Home Owner Tenant issues.  Let us know if you have talents or connections or experience with setting up non-profits and just want to be involved.  It takes a community to build something like this.  We are open to any and all help to get our feet on the ground.

Imagine a day when EVERY Floating Home Owner knows these laws exist to protect them.  We are creating something new that has never existed before.  We are writing history. There is no stopping us now.  Thank you for being a part of this historical movement to protect our rights.

We want to hear from YOU!!

Hello! If you’ve been reading through the previous posts, you will know that a LOT has happened recently.  There is much news to be shared.  One of the best ways to stay informed about legislation which affects you (and not have to spend your time reading the loooooong blog posts to find out what’s going on) is to join our email list and participate in some meetings firsthand.  We represent voices from 11 marinas.  But would love to hear about the issues you face at your marina.

We are gaining momentum and making positive changes toward protecting the rights of Floating Home Owners!  As a group, we are growing in numbers, representing more marinas than ever and feeling more courageous in our collective voice.

As one group member put it, “I have been looking for this group for ten years.”

We are all feeling hopeful and inspired by what we are accomplishing.  We are taking charge of our futures and our investments in our homes and the lifestyle.

Below is a list of rental moorages (reminder: these laws ONLY affect those Floating Home Owners who own their homes and rent their slips) whom we would still love to hear from regarding Tenant issues.

PORTLAND – COLUMBIA RIVER RENTAL MOORAGES

  • Ducks Marina
  • Wil-Jan Moorage
  • Bridgeton Harbor Moorage
  • Kappler’s Moorage
  • Bridgeton Road Moorage
  • Harrison Moorage
  • Columbia Harbor/Way West Moorage
  • Osprey Landing
  • 5 Cedars Moorage
  • Meiier’s Marina
  • Lotus Bridge Marina
  • Buoy One
  • Blue Frog Landing
  • Suttle Road
  • Columbia Crossings – Row 9

PORTLAND – MULTNOMAH CHANNEL RENTAL MOORAGES

  • Fred’s Marina
  • Marina Way Moorage
  • Larson’s Moorage
  • Bridgeview Moorage

SCAPPOOSE – MULTNOMAH CHANNEL RENTAL MOORAGES

  • Lighthouse Marina
  • Multnomah Channel Yacht Club

SAINT HELENS – COLUMBIA RIVER RENTAL MOORAGES

  • Max’s Moorage
  • Dillard’s Moorage
  • St. Helens Marina

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Keep in mind, too…if you are still on the fence about becoming involved or if you are one of the types of Tenants we have run into frequently, who are concerned about becoming involved because they are too afraid of their Landlord’s power over them, there are laws that have been designed to protect you.

ORS 90.765 Prohibitions on retaliatory conduct by landlord.

(1) In addition to the prohibitions of ORS 90.385, a landlord who rents a space for a manufactured dwelling or floating home may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:

(a) The tenant has expressed an intention to complain to agencies listed in ORS 90.385;

(b) The tenant has made any complaint to the landlord which is in good faith;

(c) The tenant has filed or expressed intent to file a complaint under ORS 659A.820; or

(d) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.

(2) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.710 (1) and has a defense in any retaliatory action against the tenant for possession. [Formerly 91.870; 1991 c.67 §17; 1993 c.18 §17; 2001 c.621 §84]

—AS WELL AS—

ORS 90.750 Right to assemble or canvass in facility; limitations.

No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall:

(1) Infringe upon the right of persons who rent spaces in a facility to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the facility. Reasonable times shall include daily the hours between 8 a.m. and 10 p.m.

(2) Infringe upon the right of persons who rent spaces in a facility to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any matter, including but not limited to any matter relating to the facility or manufactured dwelling or floating home living. The discussions may be held in the common areas or recreational areas of the facility, including halls or centers, or any resident’s dwelling unit or floating home. The landlord of a facility, however, may enforce reasonable rules and regulations including but not limited to place, scheduling, occupancy densities and utilities.

(3) Prohibit any person who rents a space for a manufactured dwelling or floating home from canvassing other persons in the same facility for purposes described in this section. As used in this subsection, “canvassing” includes door-to-door contact, an oral or written request, the distribution, the circulation, the posting or the publication of a notice or newsletter or a general announcement or any other matter relevant to the membership of a tenants’ association.

(4) This section is not intended to require a landlord to permit any person to solicit money, except that a tenants’ association member, whether or not a tenant of the facility, may personally collect delinquent dues owed by an existing member of a tenants’ association.

(5) This section is not intended to require a landlord to permit any person to disregard a tenant’s request not to be canvassed. [Formerly 91.920; 1991 c.844 §17; 1997 c.303 §2]

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Here’s the thing…We used to be you.  We used to be afraid to challenge our Marina Owner and exercise our rights.  We used to come and go at our marinas, afraid of running into the Landlord.  We used to be afraid to complain when the drinking water turned orange and stank of rotten eggs.  We used to say nothing when mysterious fees would appear on our monthly billings.  But ever since the May 16th meeting, we found a group of people who are charged with fair Marina Tenant and Landlord legislative representation.  They listen to us, our issues, and are helping us to discuss fair legislation.  If you are having an issue, we can’t begin to solve it, unless we know about it.

Write to us at rights@floatinghomeowners.com and let us know you name, which marina you are from. We will email you information and you are under no obligation to participate in person.

At this time, we even BCC email communications, so no one even sees who has joined the email list.  Hopefully, as we continue to meet, that privacy measure will no longer be necessary in the future.  But for now, please join us, stay informed, protect your rights.

What Happened at the First Marina Issue Subcommittee Meeting on May 16th?

A HUGE thank you to EVERYONE who gave of your time and energy and contributed to group discussions and challenged us to think through various factors.

At the first-ever May 16th Marina Issues Subcommittee meeting, Floating Home Owners came out in force and outnumbered Marina Landlords representation and their attorneys!  A clear indication that the work we are doing is valued and worth-while.

Following is a detailed summary of the meeting and what we accomplished on behalf of Floating Home Owners:

On May 16, 2018, a subcommittee of Oregon Floating Home Owners (Tenants who rent their slips) and Marina Owners (Landlords) came together for the first time to discuss issues which are important to them and to determine if there is common ground and a willingness to pursue possible changes to Oregon laws in order to help resolve their issues.

Introductions were made around the room. Approximately 30 moorage owners, tenants, attorneys and other stakeholders were in attendance.

Background Presentation____________________________

John VanLandingham, one of the Subcommittee facilitators, began the meeting by stating that due to the similarities of circumstances for floating homes in rental moorages and manufactured houses in parks (Landlord-Tenant residencies where the Tenant owns their own home but rents a slip/space from a marina/park Landlord) that 80% of the Oregon state laws for Floating Home Owner (FHO) Tenants are the same as those for Manufactured Housing (MH) Tenants. Because FHO Tenants and Landlords have largely been absent from the Manufactured Housing (MH) Coalition for the last 20 years, updates to the laws protecting FHO Tenants have not kept pace with the protections for MH Tenants. Therefore, a Marina Issues Subcommittee was created to give a voice to FHO Tenants and Landlord issues.

Park Vs. Marina Law Differences_________________________

VanLandingham presented an overview of the specific ways in which FHO Tenant protections are different than MH Tenant Protections.

FHO Tenants Presented their Most Important Issues______________

FHO Tenant delegates from 9 rental moorages presented their most important issues and concerns for the first time.

Following are the issues which FHO Tenants hope can be addressed via legislation.

  1. Bringing FHO Tenant Protections up to the Same Level as MH Park Tenant Protections
  2. Addressing the Three Factors which put FHO Tenants at greater risk than other Tenants:
    1. Fees – fees for moving in, moving out, selling, converting to full-time, etc.
    2. Evictions
    3. The ORS Definition of a Floating Home as “Abandoned Property” – allowing a Landlord to sell an evicted FHO Tenant’s property
  3. Notification of Laws and Rights – without the existence of our own state or local advocacy agency, nearly all FHO Tenants had no idea these laws existed which protect FHO Tenants, have had no idea their rights were being violated, etc. General contractors (painters, handymen, etc.) are required by ORS to provide home owners with documentation and notices informing home owners about liens and how to protect themselves. With so much at risk and no FHO Tenant advocate agency in existence, there should be a required notification from Landlords to Tenants that these laws exist for them, so that FHO Tenants have a chance of protecting themselves.
  4. Statute of Limitations. Statute of limitations for violations that occur under ORS 90 should be increased from 1 year to a timeframe which coincides more closely with a metric for how long Park and Marina residents actually remain in a park. Some of our FHO Tenants represented have been at their marina for 20 years.

This concluded the presentation of the FHO Tenant issues to consider.

Marina Owners Presented their Most Important Issues______________

An attorney on behalf of the Marina Owner Landlords then further discussed the 3 issues that were originally introduced at the April 17th MH Coalition meeting of Landlords and Tenants.

1. 30-Day Notice to Permanently or Temporarily Relocate Floating Home to a Different Slip within the Marina

2. Bypassing Local Zoning and Ordinances by Creating a State Law that makes it Easier for Landlords to Rent Slips to Liveaboards

3. Bypassing Local Zoning and Ordinances by Creating a State Law that makes it easier for Landlords to Convert their Protected Uplands to RV Parks.

The facilitators felt that the RV Park proposal was a little too controversial to tackle as legislation (local governmental land use agencies don’t like being side-stepped), but they felt as though there might some validity in discussing the Liveaboard topic.

From the Liveaboard discussion, several key themes came out that were important to FHO Tenants.

• We are generally in support of liveaboards at marinas where there are not floating houses already.

• We are generally concerned about the idea of adding liveaboards to moorages where floating home residents already reside. The mixed use residencies (permanent floating home owners and temporary boat owners who can leave the marina any time they want) created some discomfort. Serious consideration should be given when discussing adding temporary residents to a community of permanent residents and what that does to the quality of life for all the FHO Tenants who have a vested stake in the marina because they cannot simply sail or motor away.

• Proximity (closeness of boats to homes and decreased privacy), increased burdens on marina resources, increased risk of fires, and parking scarcity were all discussed.

• There was a lot of concern again (also at the April 19th meeting) about how to regulate the pump out requirements for liveaboards. More research must be done on this topic and more input gathered from all stakeholders.

However, the liveaboard issue will be a topic that will be discussed at the next meeting, as will the 30-day Notice to relocate FHO Tenants.

On the Topic of Changing Laws____________________________

Changing laws is a process that takes some time. We will continue to meet and work together in order to find common ground between Landlords and Tenants.

Compromises will be made by both sides in order to create laws that work well for both groups. The work we are doing now is the first step in the process where we will take an issue, find collective agreement, draft the language of the bill, and submit it for consideration for a legislative vote in early 2019.

Preliminary Agreement between Marina Landlords and Tenants_________

Preliminary agreement was reached between all parties on the topics below.

Agreement during this meeting does not guarantee that it will become law, but it does promise that we, as a group, will work toward drafting language to consider including in a bill to be presented to the Oregon legislature. Taking an issue to this agreement point is the highest level of success achievable for this part of the process!

• ORS 90.675 – Extend the time allowed before an evicted FHO Tenant’s property is defined as “Abandoned Property”: Due to the fact that most floating homes have significant value and that they take longer to sell than houses on land, language should be added to Oregon law which allows a FHO Tenant who was evicted because of conduct (rule violations, etc.) to leave the Floating Home in it’s slip for up to 12 months so that the evicted tenant can FHO sell it, as long as the evicted FHO moves out of the house by the date of the eviction and they continue to pay rent until the house sells. This is SIGNIFICANT because, currently, under Oregon law, if a FHO Tenant is evicted, they have approximately 30-60 days to either (1) move the house out of the marina or (2) complete the sale of the house, or else the Landlord takes possession of the home and has authority to sell it without any commitment to the evicted FHO Tenant to sell it for a fair market price. The current law can create a situation in which a FHO Tenant could lose their life’s savings (value of the home) depending on the decisions that the Landlords makes regarding the sale of the evicted floating home.

• ORS 446.515 – 446.547, and 90.600(5)(b) – Tenant Rights Education and Mediation Resource: Currently no FHO Tenant organization exists to help with rights and education, as well as mediation between FHO Tenants and their Landlords. Oregon law created the MCRC which serves this purpose for MH Tenants, but we as FHO Tenants do not have access to it because we don’t pay the $10 per year assessment (which pays for the cost of providing this service). FHO Tenants overwhelmingly voted in support of paying the $10 yearly assessment (tax) in order to gain access to the valuable benefits provided by the MCRC. This resource serves as a tool to improve Landlord Tenant relations and provides a way to resolve disputes without litigation. Studies over the last 7 years of its existence prove that the MCRC works – typically, the MCRC sees 100-200 dispute cases per year for MH Tenants/Landlords, and they typically successfully resolve 85-92%, it improved communication between Landlord/Tenants in 86-92% of the cases, 96-99% of the users of the service would use it again, and 97-100% would recommend it to someone in need. Given those statistics, the value of this tool is clear. If you have ever found yourself in a situation with your Landlord and just aren’t sure what your rights are, a call to the MCRC could point you in the right direction if this law changes to allow us access by paying the $10 assessment.

• ORS 90.732, 90.734 – Landlord Continuing Education: MH Park Landlords are required to register and take continuing education classes to help them understand the laws, tenant rights and how to improve their management skills. Many FHO Tenants have complained that their rights are being violated and that new owners of the marinas are coming in and have no idea that specific laws apply to Floating Home Marinas. Requiring Landlords to take classes to keep up on current laws and marina management, water issues, etc. can help alleviate some issues that could arise as a result of unfamiliar with these topics.

Discussion about Laws to Help Tenants Purchase their Marinas___________

One issue generated some discussion and it is one that is very important to all – Oregon law has created some laws around helping MH Tenants to purchase their own Parks. We as FHO Tenants would like the same opportunities granted by that law. When we own our slips and our marinas, our residency becomes more stable because it is typically pretty difficult to get yourself evicted, when you own your slip. You must answer to the HOA, but the marina decisions which HOAs make are typically for the benefit of the entire HOA residents, not just to benefit the Landlord’s ability to generate revenue. The added stability of slip ownership adds to the value of your home. Floating houses in owned slips sell for more than what the house would sell for in a rented slip, and typically your rents are about half of what they are in rented slips.

So, the Marina Purchase Opportunities topic was discussed as a viable issue to consider and something that FHO Tenants want, but it was not yet awarded preliminary agreement status until more input can be solicited from marinas owners.

• ORS 90.840 to 90.850 – Purchase Opportunities: Marinas operate under the pre-2014 law 90.805 to 90.830. The key difference is that MH Park Owner MUST notify their Tenants if they are considering selling the marina, or receive an unsolicited offer from someone to purchase the park. The Owner must give the Tenants a chance to compete to purchase and must make available key financial documentation so that Tenants can make informed decisions. There are also some capital gains incentives for MH Landlords to sell to their MH Tenants. Marina Owners do not currently have to notify their FHO Tenants at all when they are considering selling or have sold the property – completely cutting out the FHO Tenants’ opportunity to purchase the marina – unless the Tenant group proactively requests notification. And, even then, Owners only have to notify tenants after the Marina is listed for sale and they are not required by law to give the Tenants financial information they can use to compete for the purchase.

FHO Tenant Topics Introduced but Not Yet Discussed________________

For this remaining set of issues, continued research and discussion is needed before we come to an agreement to pursue the following topics (in no particular order). These were introduced but not debated at the May 16th meeting.

I. ORS 90.643: Protections for tenants whose parks are converted to subdivisions: If tenants can purchase their marina, and Seattle floating home communities have largely been condominiumized already, then why can’t floating home marinas be converted into a cooperative? What is the difference between these laws for parks and tenant park purchase?

  • Further understanding of this issue is needed.

II. ORS 90.645 to 90.660 Park Closure Provisions: Marinas operate under the pre-2007 law ORS 90.671. Park closure provisions, including required landlord payments to displaced tenants and state tax credit. Currently a marina owner can switch the marina to a different use, and evict tenants in 180 days by paying them $3,500. While this law may provide protections for Park Tenants, in this scenario, FHO Tenants lose their homes for scrap.

  • We want this problem created by 90.671 to be addressed.

III. ORS 90.727: Hazard Tree Provisions: A landlord must maintain a hazardous tree in the tenant space if the landlord know it is a hazard. Clearly we do not have trees in our slips, but we do have natural hazards that could damage our property that may require a landlord to come into our rented space and remove the hazard.

  • Yes, this applies in concept and is needed, but not for trees.

IV. ORS 90.730 (3)(g): Landlord Habitability Duty to Maintain the Surface of the Space under the Home. There was a lot of discussion about this topic which resulted in the following ways we would like Landlords to maintain habitably standards for not just the space, but the common areas…there are nearly infinite paths to a home in a park, but only 1 path to our homes in a marina – the safety of that path is critical and could be a matter of life and death for FHO Tenants.

  • Yes, this applies and is needed.  The following are ways in which Landlords should actively assist in protecting FHO Tenants’ property:

1. Dredging.

2. Snow and ice removal on docks and access roads.

3. Frost and moss buildup on docks.

4. Fire safety equipment, pump testing, fire evacuation plans, fire safety training, etc.

5. Mandatory no smoking on docks and signage – butts and dry docks = fire.

6. Dock maintenance.

7. Wake Plans

8. ORS 90.730 (3)(c) and (e) require water and gas/propane connections. How are some marinas operating without providing water and fuel? And for those of us that have water from a private well, how do we know that our drinking water is safe?

V. Correction to 90.632 (8) (a) – Termination of Tenancy Due to Physical Condition of Manufactured Dwelling or Floating Home: We would like to increase the additional extended time it takes to allow a floating home tenant to complete the necessary repairs from 60 days to 1 year since there are only 4 float contractors licensed in Oregon and the typical wait time for a full float replacement is at least 6 months. Full float replacements cost anywhere from $50,000 – 110,000, and financing is not available. A full float replacement takes 6-10 weeks to complete.

  • We want this problem created by 90.632 (8) (a) addressed.

MARINA FEES DISUCSSION_________________________________

During the FHO Tenant presentation, 3 conditions were identified which serve to keep FHO Tenants in a vulnerable position: Fees (keep FHO Tenants from being able to move their homes anywhere else), Evictions for Minor Rule Infractions (serves to keep FHO Tenants Afraid), and the ORS Definition of “Abandoned Property” (allows a Landlord to sell an evicted FHO Tenant’s floating home which could result in a Tenant loosing their life’s savings).

The FHO representative had heard previously from 2 Manufactured Housing Landlord-Tenant attorneys that the fees which Marina Landlords were charging FHO Tenants (Move-in, Move-out, Facilities Use, Membership, Full-time Resident, etc.) are prohibited under Oregon State Law. However, each bit of legal advice came with the caveat that a FHO Tenant would need to hire an attorney and likely fight it out in court – Landlords will not give up this revenue stream easily.

During the discussion of fees and their effect on FHO Tenants, the facilitators (who are both attorneys who have spent decades studying and writing Landlord Tenant laws) confirmed that the fees are not permissible by law. One facilitator stated that they had no idea how Marinas are charging these fees since, by law, they aren’t allowed to do so.

Obviously, this revelation, (if this interpretation is correct) may have a huge impact on Landlords and Tenants. If you would like to read the law for yourself to see if you have been charged a fee that does not appear to be allowable under the law, perform an online search for “ORS 90.302”. If your rights under this law have been violated and you can prove it in a court of law, you are entitled to receive from the Landlord twice the amount of the fee that you were charged, plus reasonable attorneys fees. If you feel that you fall into this category, I would strongly suggest that you talk with an attorney (experienced in Floating Home Tenant or Manufactured Housing Tenant Law) to determine if your rights have been violated and what legal recourse may be available to you. Be prepared for your Landlord to fight back.

Keep in mind several things about litigating over marina fees:

  • Litigating against a Marina Landlord is difficult.  With these sorts of devastating business losses on the line for them, they will retain the very best legal defense teams available. Your judge – should the case make it to  trial – will most likely be completely unfamiliar with the laws for Floating Home Tenancies.  There will need to be a significant effort spent to educate the judge on the law.  Finding an experienced trail attorney who knows Marina or Manufactured Housing Law (VERY different from apartment Landlord-Tenant laws) will be critical to your case.   Apartment Landlord-Tenant laws nearly always favor Landlords (when judges hear “landlord” they tend to automatically assume you are talking about a situation in which the Landlord owns the house you live in and has far more rights than you do as a Tenant).  Judges will likely go into the hearing with the assumption that your Landlord has more protections than you do as a Tenant.  So, PLEASE, find an attorney who is experienced in this area.  There are not many who represent Tenants because the money to be made is by representing the Landlord side of things.
  • When you interview an attorney for the first time, BEFORE discussing anything with you, make sure that you ask to ensure there are no conflicts of interests…Make sure that no one at the firm represents or has represented your Landlord.  It is known that Bill Miner and Charlie Greeff represent Marina Landlords and I am sure there are more.
  • If you choose to litigate, consider a class action suit if possible to share legal resources and costs.
  • The Statute of Limitations to litigate under a violation of ORS Chapter 90 (Landlord Tenant law) is one year. That may or may not rule out the possibility of starting the clock from the moment you found out that your rights were violated – your experienced attorney will be able to answer this question for you.
  • While landlords cannot raise rents in retaliation, they can most certainly raise rents to pay for their attorneys fees, business expenses, returned fees, etc.
  • The outcomes of all of the fees being reversed and double damages paid, will be an increase in rents for all tenants at the moorage – some of your neighbors may not be be able to afford a substantive increase and may have to sell their homes.  Your efforts may not be well-received by other Tenants at your Moorage when they find out that they can’t afford their rents anymore.
  • Lastly, when a Landlord is faced with a class action suit against them and realizes they may need to pay out tens of thousands, if not hundreds of thousands of dollars to Tenants, plus legal fees, it may bankrupt them…Consider suggesting that your Landlord settle with you outside of court for favorable terms which allow all Tenants (who are interested and have the means) to enter into a Marina Purchase Agreement with your Landlord.  They may find the offer to forgo attorneys fees in place of discounting their marina purchase price appealing.   Giving all tenants at your marina a shot at owning their slips may be a better outcome for you and all of your neighbors in the end.  Litigation will mean that rents increase, while slip ownership will likely mean that rents decrease substantially for all Tenants.

Conclusion_________________________________________

Our voices were heard.  And some of the laws which placed us at a disadvantage were simply oversights during legislation drafting since we did not have representation in the group.  Stay informed.  Participate in our events.  Stay tuned for more information on upcoming meetings.

NOTE: This information is being furnished to you as technical assistance. This information is not legal advice. We do not provide legal counseling. You may wish to contact an attorney that specializes in Oregon landlord/tenant law for legal assistance based upon your specific situation.

The Birth of the Floating Home Association of Oregon

After the April 17th MH Coalition meeting and the decision to create a Marina Issues Subcommittee, the Floating Home Owners in attendance rallied and canvassed to encourage more Floating Home Owners to unite, share concerns, and help us better protect our lifestyle.

While we don’t yet know what this group will officially be called by name, nor do we know what this group’s mission will be in the future, we can say that we are a collective of concerned Tenants who wish to work together to protect our home investments and add more stability to our Landlord-Tenant relationships through legislation which better protects our rights.

We are a force to be reckoned with and there is no turning back now.

On April 30th, the first meeting of only Floating Home Owners was held and we discussed issues that we were having as tenants from multiple marinas.  It was such a productive discussion – we realized that we all live in isolation from one another but that we all experience common issues.  When we gather, we learn from each other.  As we remove the uncertainty, we feel more secure.

At the close of the first meeting, we came to some key agreements:

  • The original issue to resolve is that there is a problem with the way marina landlord-tenant relationships currently function.
  • We have organized ourselves in order to improve our situations by  working to addresses marina landlord-tenant issues through possible legislation.
  • Common themes of the group:
    • We want stability that comes with slip ownership.
    • We want to stop feeling vulnerable to the threat of eviction.
    •  We want to know what to do when we feel like our rights are being violated.
    • We want to hold landlords accountable for the promises they make – maintenance, habitability, safety, etc.
    • We want to feel secure in our housing situation, even if the landlord retires, dies,sells, etc.
    • We want to stop feeling unaware, being afraid, and/or powerless.
    • We are concerned with the marina landlord proposed legislation memo and how it will affect our safety, our views, our community and the environment.
  • We would like to work together to bring Marina Tenant protections under Oregon law up the the level that current Manufactured Housing Tenants enjoy.
  • We have important issues of our own which can be resolved through legislation and which have not yet been proposed to the MH Coalition who drafts the legislation.

At the conclusion of the meeting, we committed to researching Floating Home Laws in California and Seattle which both appear to protect Floating Home Owners’ rights more than Oregon laws do, even though they have far fewer floating homes than Oregon does.

Before the next meeting of Floating Home Owners, our group doubled in size as more and more people came forward to be a part of the group and share their ideas, experience and skills.

At the second meeting of only Floating Home Owners on May 9th, we focused on preparation for the upcoming Marina Subcommittee meeting with the Marina Landlords.

  • We came to consensus about our responses to the Landlord proposed legislation.
  • We talked through John VanLandingham’s Memo of Marina Issues (areas where Manufactured Housing Tenant protections have been updated and Marina Tenant protections have lagged behind) and determined which topics were relevant to Marina Tenancies. Some of which include:
    • Access to a Marina Tenant-Landlord resource that helps avoid litigation by resolving issues for Tenants and Landlords in exchange for a $10/year assessment
    • Requiring Marina Landlords to take continuing education regarding laws and the management of marinas
    • Protections for Tenants whose marinas close or are converted to a different use
    • Landlord requirements to maintain habitability conditions of docks, etc.
    • Resources and requirements to help Tenants purchase their Marinas
  • We identified the issues we felt were most important to tackle at the Subcommittee level, some of which include:
    • The 3 things that contribute most to Marina Landlords holding power over Tenants and keeping them afraid:
      • Fees charged by Marina Landlords – too costly to move your home – and lack of available slips
      • Evictions for minor rule infractions
      • The legal definition of “Abandoned Property” – allows Marina Landlords to take possession of your home to ‘dispose’ of it when you are evicted
    • Mandatory Tenant notification of the laws that protect them – it became clear to Floating Home Owners that none of us knew these laws existed to protect us since their is no advocating body or association for Floating Home Owners.  General contractors are required by law to provide lien notices to homeowners at contact signing and we want Marina Owners to provide information to every Tenant about the existence of these laws prior to signing a lease, and make them available to current Tenants.
    • The statute of limitations on rights violations for Marina tenancies is only 1 year and is inadequate – too often, because of the nature of the marina rules and that they need to be applied fairly and reasonably, Tenants aren’t even aware their rights have been violated unless they happen to talk to another tenant and the topic comes up.  Floating Home tenancies are long-term (13 years is the average for our group that met) and the statute of limitations should more accurately reflect the length of time of actual Floating Home tenancies.

If any of these issues are important to you as well, please join our group and find out what we are doing to protect Floating Home Owner rights in Oregon and how you can contribute.  Email us at rights@FloatingHomeOwners.com and be sure to let us know your name and which marina you come from.

 

What Happened at the April 17th MH Coalition Meeting?

Great News! YOU have spoken and YOU are ready for change!  And we are hear for you.  As of today, this group of Floating Home Owners, who have been organizing like crazy, have representation from 11 different rental moorages!  And we have been making progress on behalf of you and your rights as Floating Home Owners.

At the April 17th MH Coalition meeting, so many concerned Floating Home Owners from many different moorages attended and voiced their opinions on marina tenancy issues that were most important to them.

The meeting was so well-attended that there was standing room only as the venue ran out of seating for us!!  So, thank you for your courage to come forward to speak about important topics while your Marina Owners and their attorneys listened.

There were several major takeaways from the April 17th meeting.

The first is that the Marina Owners have proposed legislation they wish Floating Home Owners will consider supporting and the second takeaway is that a clear need was demonstrated by the topics and the participants that FLOATING HOME OWNERS NEED A VOICE and a forum to continue to focus on their rights under Marina tenancies.

Marina Owners proposed the following 3 issues for proposed legislation:

  1. 30 Day Notice to Relocate Floating Home Owners or Lease is Terminated: Marina Owners are asking that Oregon law provide them with yet another tool in their portfolio of reasons to evict tenants.  They wish to be able to serve a 30-Day Notice to temporarily or permanently relocate your floating home in order to (1) come into compliance with local planning codes (even if the cause of the code violation is because of the marina owner’s negligence and nothing you did wrong), (2) accommodate marina construction and/or dredging, (3) anticipate future dredging (meaning your home can be forced to move ‘indefinitely’ in advance of some future date of dredging, and (4) allow another home to relocate if your home is in the way of the other home’s new location.   The ideas is that, if you don’t agree with or comply with the notice to move your home, landlords can evict you.  WHY THIS MATTERS TO YOU: Marina Owners are asking for the ability to move your home permanently against your will and have you pay for the cost of moving it.  Additionally, in real estate, you have heard “Location, location, location!”  A landlord’s ability to permanently relocate your floating home from an outside end slip (similar to a ‘penthouse’ location) to an inside, view-obstructed slip located a football field’s distance from your current location (similar to a ‘basement’ apartment location) will most definitely impact the value of your floating home.
  2. Upzoning and Increased Population Density Via Liveaboards: Marina Owners are asking for a state law to allows them to forgo numerous local planning agencies’ requirements for infrastructure, adequate resources, parking availability, environmental concerns,  etc. in order to allow liveaboards into your floating home community without proving that the facility can handle the extra congestion nor taking into account how having temporary residents that can start their motors and disappear into the night may affect permanent residents such as Floating Home Owners.
  3. Upzoning and Increased Population Density Via RV Parks:  Marina Owners are asking for a state law to allows them to forgo numerous local planning agencies’ requirements for infrastructure, adequate resources, parking availability, environmental concerns,  etc. in order to allow RV parks to be built out in their uplands areas without proving that the facility can handle the extra congestion nor taking into account how having temporary residents that can start their motors and disappear into the night may affect permanent residents such as Floating Home Owners.  Additionally, they want the right to create the parks on sensitive, protected wetlands.

After the introduction of these proposals from the Landlords, Tenants voiced their opinions and the group then discussed issues that Floating Home Owners were experiencing.

After the entire meeting was spent discussing these topics, it became clear to the meeting’s facilitators that there was enough content to work through that they established a Marina Issues Subcommittee to hear just the marina issues.  This separate group, comprised of Marina Landlords and Tenants, will work through various issues and proposed legislation together and then bring them to the larger MH Coalition which includes both Marinas and Manufactured Housing community stakeholders.

The successes of the April 17th MH Coalition meeting for Floating Home Owners is that their issues were heard by the very people who are tasked with drafting future legislation, that it was clear from the attendance that Floating Home Owners have long-needed a forum to discuss issues which affect them, and that the group established a dedicated Marina Issue Subcommittee so that we can continue to focus our efforts and work to find ways to protect our rights and have more stability in our tenancies so that we can more fully enjoy our floating home lifestyle.

At the close of the meeting, the Floating Home Owners felt hopeful and exchanged contact information so that they could continue to collectively build on the good work that had begun.  We realized that we have power in numbers and can actually do great work together.  Let’s do this!!

What to Expect at the April 17th MHC Meeting

Just to emphasize, this meeting and the topics discussed are important to you.  What is discussed and drafted about floating home law affects you and your property.  This is no joke.

WHY THIS MEETING MATTERS

Even if you love your marina owner and have no issues whatsoever, there is nothing stopping a marina owner from selling the marina to someone who runs it like a tyrant.

To be clear…the law (ORS 90.630) currently allows a marina owner to deliver an eviction notice to a floating home owner for breaking a marina rule.  This doesn’t have to be a severe rule such as physically threatening another tenant.  An eviction notice can be served for small infractions such as driving too fast through the marina parking lot.  You will then have 30 days to stop doing whatever it is that you received the eviction notice for and then the cause of the eviction is cured and there cannot be a legal eviction.

THIS IS WHERE IS GETS SCARY….if you commit the same rule infraction within 6 months, the law says that you can be evicted and your lease with the marina will terminate in 20 days…a lease termination doesn’t just mean that your person must vacate the premises, that means that as long as you own your home, your home is illegally occupying a slip upon termination.  You do have the right to court hearing, but it is not up to the judge to weigh in on the morality of the law.  Judges are there to uphold the law as written.  Most judges don’t understand floating home laws and what is at stake for floating home owners facing eviction…

A floating home which continues to occupy a slip after a successful eviction proceeding is deemed “abandoned property.” The law basically goes on to state (ORS 90.675)  that within about 65-75 days from the time of the eviction, you have to either (1) complete the move of your floating home out of the marina, or (2) complete the sale of your floating home to a new owner, or else your floating home is considered abandoned property and becomes the responsibility of the marina owner to dispose of.  Yes, that is correct.  You have about 65-75 days to to vacate or lose control of your property.

This can have devastating financial, personal and health impacts to you and your family. And, at this meeting on April 17th, the landlords wish to discuss ways to make it easier to evict tenants and other issues important to floating home owners.

We are Thrilled that You are Coming to the Meeting to Defend your Rights

We’ve put together a primer on what to expect at the MHC meeting on  Tuesday, April 17th, 9am to noon, at MultiFamily NW (16083 SW Upper Boones Ferry Road, Suite 105, Tigard, OR).

When you arrive at MultiFamily NW, greet the receptionist and she will direct you to the conference room behind her where the meeting will be held.

There will likely be some coffee and water, and sometimes there are snacks. Feel free to come a few minutes early and introduce yourselves to other meeting attendees.

WHO WILL BE THERE?

Typically, attendees fall into 4 categories:

(1) Landlord representation (park and marina owners, their attorneys, and leaders from associations which advocate for landlords rights)

(2) Tenant representation (manufactured house and floating home homeowners, and leaders from associations which advocate for tenant rights) / NOTE: Typically, other than one of the leaders of the meetings (John VanLandingham), there is no contingency of attorney representation for tenants.  If you are a tenant and an attorney, would love to have more representation to advocate for tenant rights under ORS 90.505.

(3) Association  Leaders (representation from nonprofit associations which advocate for landlords and tenants like OSTA, MHCO, CASA, and others)

(4) Elected Government Official Representation (representatives from the offices of our elected officials in congress)

In a typical MHC meeting, there are more landlord attorneys present than there are landlords.  You can identify them fairly easily because they are typically dressed up for the occasion – cufflinks, designer watches and suits, ties or jackets.  You can identify many of the tenants because the majority of the tenants come from retirement parks and do not sport business attire.

Sit anywhere you want.  Landlords seem to collect together on one side of the room while tenants take the other.  But there is no rule, it is just something we’ve observed.

Two attorneys lead the meetings.  John VanLandingham (representing a voting member for the tenant side) and John DiLorenzo (representing a voting member for the landlord side) take turns facilitating the meeting.  April 17th will be hosted by John DiLorenzo.

INTRODUCTIONS

When the meeting starts, there will be introductions – we all go around the room and introduce ourselves.  Typically, attendees state their name and whether or not they are a landlord or tenant (or attorney or association representative) and many state which park or marina they are from.  You do not have to offer information about which marina you live in, if you are not comfortable sharing that information, but we’d love to know that you are a marina resident.

INFORMATION SHARING

This is a time where anyone can bring up new events that have happened in the last month.  This could be an update on the edits to the laws as they move through legislative sessions, or perhaps someone from Congress has tasked this group to focus on a particular issue, or someone reports back in on an assignment given during a previous meeting.

AGENDA

There are 3 major topics on this meeting’s agenda.  This is a very special meeting for marina tenants.  This is the first-ever meeting focused on marinas.

(1) Marina and Floating Home Law

(2) Terminations / Evictions

(3) Future Legislative Issues identification (which are not already being discussed)

 

The first 2 agenda items above are extremely important to floating home owners.  Following is a list of topics that are on the agenda for April 17th and why they matter to you.

During this portion of the meeting, do not be shy, speak up.  If you have a perspective to share on one of the specific topics being debated, let’s hear it!

AGENDA ITEM 1: Marina and Floating Home Law

  1. Landlords would like to be able to require you to perform float work as a contingency to moving in. Currently, landlords do not have the right to force a floating home owner to do work on the float prior to moving in.  Landlords are not experts on floats and it could lead to a gross abuse of power by allowing another excuse for a marina owner to be able to reject a new tenant or stop a floating home purchase.
  2. Manufactured home tenants benefit from a variety of laws regarding submetering of utilities.  Some marina tenant utilities are submetered.  If you are experiencing any issues with landlords not being transparent about sub metering billings, please come to this meeting and let us know!  Currently, we have not heard of any issues, but that doesn’t mean they don’t exist.
  3. If a marina owner decides to close the marina, the current laws which guides this process are inadequate (ORS 90.671) and can bankrupt a floating home owner if a marina owner chooses to repurpose the marina.  The law states that the marina owner must give the floating home owners a 365-day notice so that the home owner can find another moorage to move the house to.  Currently, there are about 30 potential slips that could be either rented (floating home owner to bear the move in fees ranging from $20,000 to $50,000) or a slip can be purchased (floating home owner to bear the slip purchase amount from $100,000 to $450,000) IF your floating home can tolerate being moved and if your house fits into one of these slips.  So, if your marina has more than 30 houses in it when it is converted to another use, then some of the floating homes will need to be disposed of – essentially taking your home to a negative value.  The current majority thought about this topic from MHC meeting participants (landlords) is that this isn’t an issue because a marina owner probably would not close a marina or convert the space to another use.  However, no one can stop a marina owner from making a bad business decision and taking our floating homes with him.  Additionally, this is precisely the issue that almost brought down Seattle’s floating home communities in the 1980s.  So, it IS important that we address the current law’s inadequacy.
  4. A landlord’s duty to maintain habitability of the rented space has a different dynamic for floating home owners than it does for manufactured home parks tenants and the current law (ORS 90.730) does not address some very key ways in which marina landlords could and should be responsible for habitability conditions.  Currently, landlords have no legal responsibility to maintain safe ramps, docks and parking areas, or access roads – which are our only means of accessing our rented slips. When emergency crews cannot get to our houses during periods of snow or ice because a landlord was too cheap to shovel, plow or salt access roads and common areas, the result could be death.  Nor do marina owners have any legal responsibility to ensure that the slips we rent are deep enough that our homes do not hit bottom.  When a floating home hits bottom, it can cause considerable damage to a floating home in addition to all sorts of plumbing and standard of living issues.  While landlords contend that it would be “ridiculous” for marina owners to be held responsible for dredging, we feel that it is a topic that is worth being considered.  Additionally, many marinas have issues with No Wake zones being enforced and, as many of us have have experienced, a boat traveling fast can damage a floating home.  Currently, the law (ORS 90.730 [3][g]) makes it the park landlord’s responsibility to maintain the rented ground and space in a safe condition to be deemed habitable by a manufactured home, but there is no law that requires a marina landlord to ensure the slip is deep enough nor to take steps to protect floating homes from damage by posting No Wake signage or buoys.
  5. Manufactured dwelling park owners are currently required by law  to register with the state (ORS 90.732) and take continuing education classes (ORS 90.734) in order to help them keep up on laws and management issues.  There is no such requirement of floating home marina owners or managers.  We have heard enough horror stories of marina landlords violating the rights of tenants, that we think it would be wise for landlords to register and take education classes so that they keep up with current laws and landlord-tenant requirements.
  6. Floating home owners lack protections from marina owners selling the marina. Most of Seattle’s floating home communities are owned by their residents – they own their floating homes and their slips.  They enjoy a stability that floating homes in rented slips do not – not only increased home value, but peace of mind, as well. In 2014, new Oregon law (ORS 90.840 – 90.850) was passed to help manufactured housing park tenants buy their parks.  Tenants benefit from learning when a park owner intends to sell, gives them an opportunity to purchase the park before any outside buyer, allows them additional time to organize and helps them find funding to purchase their own parks. Floating home owners would benefit from the same laws to help us buy our marinas and create housing stability. Current laws (ORS 90.805 – 90.830) about marina owners selling the marina only require notice to be given if there is a tenant’s association and that association has requested notification.  Your marina could be sold without you knowing it, if your marina does’t even have an association.
  7. Manufactured housing parks and marina tenants are given the same legally protected process (ORS 90.600 [5]) to resolve issues with their landlords – The Committee of Seven.  However, unlike park tenants, the laws don’t protect marina tenants when the marina owner won’t meet with or consider the issues the Committee raises.  For parks tenants, the law (ORS 90.600[5][b]) goes a step further and provides consequences if the landlord refuses to work with the Committee of Seven, and further protect tenants by giving them access to free resources and mediation they can use to help work through their landlord-tenant issues when a landlord isn’t following the law.  It is a great benefit to park tenants to have access to knowledge and expertise they can use without having to retain legal representation in order to ensure their legal rights are not being violated, and floating home marina tenants serve those protections and helpful resources, too.

AGENDA ITEM 2: Terminations / Evictions

Landlords want to make it easier to evict tenants.  They want as many possible reasons to evict you as they can get.  They do not like limits placed on their ability to evict a tenant.

  1. Currently, as stated before, a landlord can begin the eviction process for a violation of any marina rule (ORS 90.630), but there is some ambiguity about what a ‘material violation’ of a marina or park rule means.  This ambiguity can be misinterpreted by marina owners and tenants.  We are in the process of negotiating with landlords to try to clear up the confusion and further define which rule violations could trigger an eviction proceeding and which rule violations would not.  It is not ok to lose your floating home because you were seen speeding in the marina parking lot twice within 6 months.
  2. Currently, you can be evicted is your house is in disrepair (ORS 90.632).  There is some ambiguity around the language legally required to be in the notice of termination when the reason is for disrepair.  This can lead to tenants not knowing what they need to do in order to not be evicted.  We are trying to clear up this language.
  3. Currently, the law does not require a landlord to tell you what they expect you to do to “cure” a violation when giving an eviction notice for any reason.  This can lead to a tenant resolving the issue in a way that is unacceptable to the landlord and can result in a subsequent eviction.  We are trying to clear up this language.
  4. If you are served an eviction notice, you are given 30 days to cure the violation.  There is some ambiguity in the language because it doesn’t address violations which are separate and distinct (e.g. physically threatening another tenant) and continuous (e.g. unpaid property taxes).  While separate and distinct violations could have a shorter eviction period to cure, some ongoing violation might need longer periods to cure.
  5. This question has been raised – Should pet violations be treated differently altogether and given longer time periods to cure since removing a pet may put its life at risk. YES!
  6. This question has been raised – Should we consider warning notices or fees, rather than eviction notices for minor rule infractions? YES!
  7. Currently, a landlord who sends an eviction notice does not have to tell you that you have cured the violation to their satisfaction.  This can lead to a tenant who think they have cured it until they are served eviction papers.  We want to require landlords to approve the cure in writing.

 

AGENDA ITEM 3: Future Legislative Issues identification

If you have an issue that is important to you and has not been covered in the previous agenda items, this is a time to bring it up.

Given the laws in other states, and given the available slip shortage on the Willamette, the Columbia and the Multnomah Channel, and the lack of any future slips being permitted at this time, it is imperative that we do more to protect our assets and ourselves from evictions.  California has laws which describe a short list of things you can get evicted from a floating home marina for – thereby taking some power out of the hands of landlords, whereas in Oregon, you can get evicted for violating any number of marina rules.  California also doesn’t allow landlords to restrict a floating home owner’s ability to rent out their own floating home.  Seattle law allows is more lenient with regard to rule violations – tenants there can violate a marina rule up to 3 times in a 12-month period before an eviction notice is served, compare that to Oregon which is 2 times in 6 months and you are out.  In Idaho, floating home owners are given 90 day eviction notices, compare that to Oregon’s 20- and 30-day evictions.  It would be interesting to see what other legislation we can propose to protect the investments in our homes.

 

We know this is lot to digest, especially if this is your first time.  But legislative changes will be made in 2019 on these very topics.  This is the group that drafts that legislation.  We hear ideas and draft the legislation.  Then when we reasonably agree on the draft, we present it to the legislators who present it for consideration and a vote in Salem.

This group is now calling on marina tenants to share their thoughts and ideas.  Your input can directly affect your rights.  Please come and tell us what experiences you are having related to these issues.  Other issues regarding floating home law are not currently up for debate for the 2018-19 legislative session, but can be mentioned and considered for the following legislative session.  There is only so much we can do in a year.

In-person participation is always better – it is difficult to follow who is saying what when you participate remotely.  That said, we understand that not everyone can allow the time to participate in person.  If you must call in, please remember to mute your phone.  Call-in number: 515-604-9000; passcode 948800

We can’t wait to see you on Tuesday!

 

 

 

You made it!! You are not alone.

This is your resource for news that impacts Floating Home Owners in Rental Moorages in Oregon.

If you can answer YES to ALL 4 of these conditions…

  • Do you own a floating home?
  • Do you rent a slip in a moorage for that home?
  • Does your rental moorage rent slips to 4 or more floating homes?
  • Is your floating home located in Oregon?

…then, congratulations, this website is for YOU!

We are so happy that you found this site.  Your world is about to change.

MHC Coalition Meeting – Focus on Marina Legislation

The MHC (Manufactured Housing Coalition) is meeting on April 17th to discuss marina landlord-tenant legislation.

Marina residents are encouraged to attend.  Your rights are being discussed.

These agenda items came out of a need to increase protections for floating homeowners to bring them in line with newer legislation that was enacted for manufactured dwelling park homeowners.  Here are the items that are being debated.

1. Park landlords are required to register with the state and take continuing education courses to stay current on laws and park management issues. ORS 90.732, 90.734.  Given that many floating home marina owners are unaware that there are laws which prevent them from doing certain things, we feel that it is in the best public interest for marina landlords to be required to attend continuing education classes.  However, both landlords and tenants contend that it may be difficult to find qualified people to teach those kinds of marina management classes because of the small community of experts available.  This is currently being discussed in prep for the 2019 legislative session.

2. Park and marina tenants can form a Committee of Seven to help them work with the owners to improve quality of life issues (rule changes, allowing currently forbidden activities, etc.), however if the marina owner fails to work with the Committee of Seven, marina tenancies are not covered by the Manufactured Communities Resource Center like park tenants are and therefore cannot benefit from the MCRC’s education and mediation. Marina residents also do not pay into the $10 annual special assessment paid by MH park tenants, to support MCRC. ORS 90.600 (5)(b), 446.515 – 446.547.  This is currently being discussed in prep for the 2019 legislative session.  The current issue is that the relationship between a floating home tenant and owner is very one-sided.  If a tenant requests that the marina owner change something at the marina, or the owner states that a tenant is in violation of some rule that isn’t even a valid rule,  currently there is nothing to require a marina owner to at least respond to the marina tenant requests nor to attempt a mediation.  At that point, the only recourse available is through expensive litigation.  If you receive an eviction notice, you must go to court to defend yourself, since you have no state-sponsored access to free dispute resolution services that park tenants do.  The proposal is that floating homeowners would pay $10 into a yearly special assessment fee in order to have access to the dispute resolution services rather than taking on the expense of hiring an attorney, going to court and letting a judge decide your fate.

3. For parks owners, there is a landlord habitability duty to maintain the surface of the space under the home. ORS 90.730 (3) (g).  This item is not currently being discussed because there are no floating homeowners which attend the MHC meetings who are from the marina where floating houses hit bottom annually and remain tilted until river water levels increase .  If this is an issue that can be resolved, then come to the meetings and voice your concern.  Landlords and their attorneys have spoken and they contend that it is unreasonable for a landlord to dredge to protect homes.  That said, there is current discussion in prep for the 2019 legislative session around extending these laws to require marina owners to maintain certain common areas in habitable condition – such a docks, ramps, and walkways.

4. Park tenants are given the first opportunity to purchase their park prior to a park owner putting it up for sale. ORS 90.840 to .850. Marinas operate under the pre-2014 law. ORS 90.805 – 90.830.  This item is up for discussion in the current 2019 legislative session.  Marina residents lack some of the purchase tools that park residents have, such as the capital gains break for landlords who sell to the residents or a nonprofit (See chapter law following ORS 316.792) and the Oregon Affordable Housing Tax Credit (ORS 317.097). An equivalent to the Manufactured Dwelling Park Nonprofit Cooperative, ORS 62.800 – 62.815 does not exist.  Updating this law to come into line with similar provisions for manufactured homeowners would be VERY beneficial for floating home owners.  This law would require marina owners to notify floating homeowners they they have interest in selling the marina and provide the tenants with the opportunity to purchase the marina themselves – thereby converting their rented slips into owned slip (this would increase each home owner’s property value since houses in owned slips are worth more than those in rented slips). This law would also provide resources and assistance throughout the purchasing process.

5. Provisions regarding park closure should a landlord choose to repurpose the land, including required landlord payments to displaced tenants and state tax credit. ORS 90.645 – 90.660. Marinas operate under the pre-2007 law. – ORS 90.671.  It is not likely that a marina would repurpose the leased waterfront for something more profitable to them than a floating house marina and boat slips, so there is not a sense of urgency to make changes to this.  However, laws do exist which direct marina landlords what to do in such a case (ORS 90.671) and those directives are grossly inadequate and could bankrupt floating home owners at that marina should the event occur.

See the EVENTS page for details about the time, date and location of the meeting.  Help spread the word!