Category: Floating Home Owners Association

What Happened at the March 12, 2020, Floating Home Owner Meeting?

We had a great meeting, discussed many topics, and have some strong ideas of issues to pursue for the next legislative session.

However, due to the COVID-19 Emergency, we will have to postpone our reporting efforts until we have the time to provide an adequate recap of the session.

Be back soon to report on this initiative!

Stay safe.

March 12, 2020 – Floating Home Owner Only Meeting

Please consider attending this important meeting about laws that affect you if you are an Oregon Floating Home Owner that owns your home but rents your slip in Portland, Gresham, Scappoose, St. Helens and beyond.

This will be a Floating Home Owner Only meeting. No landlords or park tenants. This meeting will focus on issues that Floating Home Owners are facing and what we can do to draft legislation to protect ourselves.

Background – why we need your participation at this meeting:

Here is a brief update on what happened at the December 10th MH Coalition Meeting. I was out of town for the January meeting and no marina issues were discussed.

At the December 10th MH Coalition meeting, a marina issue was on the agenda (see the previous post) – HABITABILITY.

Regarding the origin of habitability – this is an issue that the Floating Home Owner Group that met in St. Johns discussed but the MH Coalition didn’t have time for in the 2019 legislative session.

Habitability – there are already Oregon Statute laws requiring a landlord maintain common area in good working order.  The laws specifically call out items such as providing water and fuel, keeping common grounds maintained for normal use, solid land for manufactured houses to be located on, etc.  Even though they apply to us, they are written with a land-based-house focus.  The statutes don’t necessarily call out ramps, docks, the life or death implications of snow/ice/moss removal, or floating home spaces protected from wakes.  And while it does require “safety from the hazards of fire” it does not call out the need for marina fire systems, alarms and water pumps. No where is a landlord required to furnish swim ladders used to help prevent drownings. However, I routinely hear from floating home owner tenants about habitability – docks in disrepair, missing or broken deck boards, loose nails, and lack of any useable fire equipment (which also causes floating home insurance companies to pass along that risk in the form of increased premiums at moorages without enough fire fighting tools).  We all know that common area maintenance or lack thereof can cause death and significant loss of property due to docks being in disrepair or lack of fire fighting equipment.

Seems like some reasonable requests, right? We just don’t want it to be so easy to die.

Marina landlords reacted to this request by stating that they believed all of our concerns were already addressed in codes and current legislation. They moved that floating home owner tenants meet with marina landlords outside of the MH Coalition to understand all the wonderful things they already do to keep residents safe. Marina Landlords told the MH Coalition that once they inform tenants of how much they do for us already, that there would likely not be any reason to waste the full MH Coalition’s time with issues that are already addressed through building and fire codes for marinas.

Unfortunately, most of the Landlords’ claim is false. I have studied the marina fire and county codes for my marina and the problem is that most of those codes were written to protect boats, not to protect residents’ lives and housing. These codes rarely address the life-safety issues that floating home owners contend with every day. The rules for protecting property and lives are different for apartments but marina codes largely assume only boats need protection and have nearly left out the concept that people LIVE in marinas, too. These codes address only property and make the incorrect assumption that marina owners have the most property at risk in a marina. Minimal codes address floating home marinas as compared to apartment or other housing codes.

Floating Home Owners and Landlords will meet in April (date TBD) to discuss what each side wants and thinks is reasonable.

This March 12th meeting will help floating home owners prepare for the April meeting.  

You are invited also to the April meeting so that you can make your issues heard and see what your marina landlords have to say about them.

High Rental Increases

Additionally, at least one marina landlord has raised rents to the maximum allowed by law (~10%)…we need to determine what we can do together to keep that from happening to floating home owners every year.

Meeting Objectives: 

  • Brief overview the new laws which took effect on January 1, 2020
  • Brief overview of the issues we intend to consider for 2021
  • Find out what additional issues you are experiencing
  • Discuss strategies to prevent 10% rental increases from becoming an annual event at your moorage

We need your help:

  • Talk to your neighbors about attending the March 12th meeting
  • Forward this post to other floating home owners who own their homes but rent their slips
  • Come to the March 12th Floating Home Owner meeting to find out more about the laws and rent increases
  • Be on the lookout for more information about the April Floating Home Marina Landlord-Tenant meetings (not yet scheduled)
  • To join our mailing list for up-to-date info and commentary about your rights and this process, to participate in spreading the word or posting flyers at your marina, email us at rights@floatinghomeowners.com and let us know your name and in which rental moorage you live.

WHAT:  Floating Home Owners Meeting

WHO:  Floating home owners who own their homes and rent their slips (Portland, Gresham, Scappoose, St. Helens, and beyond are welcome)

WHEN: Thursday, March 12, 2020 6:00pm – 9:00pm

WHERE: The Wayfinding Academy 8010 N. Charleston Ave Portland (St. Johns), OR 97203

Thanks, everyone, for your effort and support!

-FHO

What Happened at the Second Marina Issues Subcommittee Meeting on July 12th?

Grab your coffee, cocktail or whatever you like before trying to catch up on what happened in the summary below.  Great progress was made during our 3-hour meeting.

A majority of Oregon Marina Owner/Landlords met on Friday, July 6, 2018, to discuss and talk through the presentation which Floating Home Owner/Tenants made on May 16, 2018 in Tigard.

The summary of their decisions was presented to the Marina Issues Subcommittee on Thursday, July 12, 2018.

This was a good starting point to begin tackling what both sides want to achieve in the next MH Coalition bill.  Keep in mind that this is an iterative process where we all work together to exchange ideas and positions and seek consensus.

Landlords and Tenants discussed perspectives from both sides during the meeting and the following is a summary of where we have landed thus far on our issues.  There will likely be one more Marina Issues Subcommittee meeting to work to achieve final decisions.

Landlords want:

  1. The ability to treat live-aboards the same as RV Tenants in ORS Chapter 90.  This would impact live-aboard Tenants especially in terms of Landlords being allowed to issue 30-day no-cause eviction notices during the first year of occupancy; 60 days thereafter (ORS 90.125 (5), 90.230, 90.427).
    • In order to do this, live-aboards will need to be defined in ORS.
    • Tenant Commentary:
      • None of us will be comfortable making it easier for Landlords to evict our live-aboard neighbors, but there does need to be a definition of live-aboards in ORS – definitions for floating homes, boats, RVs, and manufactured homes already exist.  Current Oregon Statue Law does not define liveaboards and, therefore, makes the interpretation of the law murky for them even though some case law has already been tested.  In defining live-aboards, the law will have to assign live-aboards a level of protections that are balanced and fitting to what Tenants need and landlords need.
      • ORS 90.505 – 830 protects floating home owner rights and were put into place precisely because of the high cost of moving floating homes, the potential for damage resulting therefrom, the substantial costs relating to the move-in charges or purchase of slips, and current government policy limiting the availability of floating home slips.  It is necessary that the owners of floating homes within floating home marinas be provided with unique protections from evictions because of this.  Floating Home Tenant evictions will result in the home owner losing their floating home.
      •  The fact is that live-aboards (with the exception of a rare few that do not have operable motors or sails) do not have any of these issues regarding the relocation of their homes and can relatively easily (albeit, not desired) move their home to a new marina if they are evicted, given that nearly all of these vessels have a means of self-propulsion.  
      • They are very similar in nature to RVs. They are able to pack up and go unlike a floating home owner.
      • Many live-aboard Marina Owners testified that live-aboards were some of the greatest Tenants possible and really worked together well as a community. Another testified that they had never had the need to serve any eviction notice in the decades that they had been operating the moorage.
  2. The ability to issue a 30-day Termination of Tenancy (eviction) notice IF the Tenant fails to agree to relocate their floating homes under certain circumstances:
    • Circumstances in which the Landlords would like the ability to relocate a floating home are: dredging work, low water accommodations, when a house is being move into/out of the moorage and there is a need to shuffle a house(s) in order to place/remove the relocating home, construction work on an adjacent home or slip, or as required by government or law.
    • Landlords agree to cover the expense of the move, agree that the move will occur within the same marina (not to another marina somewhere else), and that the move would be temporary (except if by government or law requirement).
    • Issues still to be worked through:
          1. Define “temporary” – same standard as float repair? maximum of 9 months? possibly 12 months?
          2. There should be some limit on Landlords’s discretion – Tenant should require proof, there should be a penalty for abusing this law (e.g. lying to the Tenant about requiring the move).
          3. There should be some advice warning notice of the impending move to detail how long you have to prepare and make arrangements in advance of the move itself.  In other words, if the Landlord knows 6 months in advance that this move will be required, then the Tenant should be warned 6 months in advance.  What is the minimum advance notice to be required.
          4. What should the result of a Tenant’s failure to comply with the notice to move be? Termination of tenancy? Is the termination notice curable by moving the home within 30 days, if they receive a 30-day notice?
          5. Should there be a reduction in rent paid by the Tenant for the time that the Tenant is not occupying its leased slip?  Or is relocating to a comparable space sufficient (ORS 90.671 (5))
          6. Should there be some sort of economic incentive for the Landlord to make the relocation period as brief as possible?
          7. Regarding the Landlord’s commitment to cover the costs of the move, does that include the cost to prepare for the move and for the return of the home and re-installation costs?
          8. Further define what circumstances warrant a move.
          9. Agree that government-required moves also qualify?  Government-required closures are addressed in ORS 90.671 (7).
        • Tenant Commentary: As you can see from the above list of questions that Tenants understand that Landlords need some kind of power over Tenants who refuse to cooperate when a move is necessary, but that we also have a lot of questions around Landlord increased power or the potential abuse of this power that need to be addressed prior to agreeing.  Namely, we do not want a Landlord relocating us from a “penthouse” slip (outside, end slip with unobstructed views) to an inside obstructed view slip indefinitely and without compensation.  This would affect the value or our home.   We will work through these questions at our next Marina Issues Subcommittee meeting.

Tenants want:

  1. To be covered by the state’s Manufactures Communities Resource Center, meaning they would pay the annual $10 special assessment with their property taxes and qualify for MCRC’s services (including mediation/dispute resolution and education). Landlords should be required to register with the MCRC and comply with the mandatory continuing education requirement (4 hours every 2 years to keep them up to date on marina resident law, etc.), the same as manufactured housing park Landlords (ORS 90.732 to 90.738) including the registration fee.
    • Landlords tentatively agree to this.
    • Issues still to be worked through:
      • What is the right fee amount? MH Park Landlords pay $25 per year for small parks (20 or fewer spaces) and $50 for larger parks.
      • Conform with the Tax Assessors that this will work.
    • Tenant Commentary: YES! This is needed.  MCRC has proven data that their services work and help Tenants having issues with their Landlords.  It is a much better alternative for Tenants than litigation.
  2. Marinas to be covered by the opportunity to purchase statutes, the same ones as MH parks (ORS 90.842 – 875).
    • Landlords tentatively agree to this.
    • Tenant Commentary: YES! This will provide an opportunity for marina Tenants to organize to try to buy their marinas when their Landlords think about selling it.   Currently, a Landlord can sell your marina without any notification until the sale is done.  This would allow Tenants some advance warning to organize and attempt to make an offer to own the marina/their slips, pay lesser monthly HOA fees as opposed to rents (conversion of a for-profit business that benefits Landlords into a non-profit that benefits the homeowners), and provides better security to home owners since the threat of Landlord evictions doesn’t come into play when you own your slip/marina.
  3. Residents should have the right to enter a 1-year storage agreement with the Landlord after a termination of tenancy or the home is “abandoned” pursuant to ORS 90.675.  Currently, the law states that any floating home left in a marina slip over 30 days post-eviction is defined as “abandoned property.”
    • The Landlord should include notice to the tenant of this right within the current ORS 90.675 abandoned property notice.
    • The Tenant should have a certain period (current law for a Tenant to claim an abandoned home is 30 days) to contact the Landlord and request a storage agreement, during which the resident can attempt to sell the home to a new buyer.
    • Current law: Landlord has the right to approve any buyer who wishes to become a Tenant and Landlord may require repairs to the home under certain conditions (ORS  90.680 (8) to (10)).
    • Landlords tentatively agree to this.
    • Remaining Issue to Work Through:
        • Must the evicted Tenant pay all back and accruing rent during the storage agreement? Or must the Landlord allow the Tenant to defer payment until the sale of the house?
        • What is the deal regarding evicted-Tenant access to the home during the storage agreement? Owners want a resident to maintain the home during the storage agreement which would require access. But see existing provision ORS 90.680 (15).
      • Tenant Commentary: Currently, if you are evicted or any reason, and you don’t remove your floating home from the marina or COMPLETE the sale of it to a new buyer within 30 days (up to 65-ish days under one circumstances), your Landlord can take legal possession of your home and dispose of it.  They would control where it goes, its value, and what, if anything, you get in return for your home.  This proposed legislation, if enacted into law, would allow an evicted home owner to sell their home under normal market circumstances and retain its value.  In other words, your life’s savings (equity own home) would not be at risk if evicted.
  4. Both sides – Landlords and Tenants have agreed to work together with the Marina Board (and to try to organize floating home owners who own their slips) to address the issues of destructive wakes from passing watercraft.  This issue will not be included in any Coalition bill.
    • Landlords agree that damage caused by wakes has been increasing and needs to be addressed.
    • We all agreed that the best way to address this issue is to work together to try to find ways that we can combat this issue together with all stakeholders involved.
  5. Extend the time Tenants should be allowed to repair “floatation systems” (float, logs, stringer, flotation, etc.) than is currently allowed in ORS 90.632.  Amend ORS 90.632 to extend the current extension for difficulty in scheduling the necessary repair contractors from 60 days – following the initial Landlord termination notice for disrepair (also 60 days) – to an additional 8 months.
    • Landlords tentatively agree to this.
    • Issues still to work through: Same issues as what Landlords requested above in #2 – how long is enough time to get the work done?
    • Tenant Commentary: We still have reservations about the burden of proof that the house is in NEED of float repairs and what constitutes disrepair that would trigger such a notice, etc.  The Landlord does not have the right to inspect the float, so a notice would be given on a hunch.  A Landlord is not a float expert. What constitutes a float in “disrepair”…one that rates a 1, 2, or 3?  A float that rates a “1” could last another 5 years without creating imminent or serious harm to other dwellings or property.   There are still things to work out, but this shows great willingness by Landlords to be reasonable with Tenants given that it is impossible to replace a float in under 60 days.  

All in all, much progress on key issues were made. Once we gain consensus on a draft of the issues we can all live with, the Marina Issues Subcommittee will share it with the MH Coalition to seek their approval (and to ensure that our changes to the law do not inadvertently, adversely affect MH park law).  Then the Coalition will draft the bill, find a legislative sponsor, and get it submitted by October for consideration.  There will likely only be one more Marina Subcommittee Meeting between then and now.  So, please try to attend if you can.

We will give notice as soon as we hear about the scheduled date for the next Marina Subcommittee Meeting.

THANKS TO ALL OF YOU WHO ARE LENDING SUPPORT TO THIS EFFORT!

We are truly appreciative of all of you. We are so inspired by what we have accomplished collectively so far.  We hope that you, too, see our group’s progress as an antidote to the sense of powerlessness that too many of us have felt at one time or another.

What to Expect at the 2nd Marina Issues Subcommittee Meeting – July 12, 2018

Our second Marina Issues Subcommittee meeting is scheduled for this Thursday, July 12th from 9a-12p at Multifamily NW (16083 SW Upper Boones Ferry Road) in Tigard.

All Marina Issues Subcommittee meetings are important for us to attend because this is where the compromises are made by both sides so that we can reach a place of agreement between marina landlords and tenants on legislative topics.  The facilitators are hoping we reach some points of agreement on Thursday to be able to report back to the larger MH Coalition next week about what we’ve accomplished with our two Marina Subcommittee meetings.
But this week’s meeting is of particular importance because marina landlords were given 2 months to organize, grow in numbers, consult attorneys, and come to a consensus about the 5 issues we raised at the last Marina Issues Subcommittee May16th meeting:
1) Bringing the FHO (Floating Home Owner) Tenant protections up to the level which current Manufactured Housing Park Tenants enjoy (the ten points on the original VanLandingham memo)
2)  Addressing the Three Factors which put FHO Tenants at greater risk to potentially lose their life’s savings than other Tenants:
A. Fees (fees to move in a new slip, scarcity of affordable rental slips, some Landlords charge fees to move out and/or higher fees to new tenants coming in)
B. Evictions (legal eviction notices served for minor rule infractions)

C. The ORS Definition of a Floating Home as “Abandoned Property” (if evicted, a FHO tenant has 30-ish days to sell or move their home out of the marina or else the home becomes “Abandoned Property” and the Landlord can seize and dispose of the home without the FHO Tenants’ consent)

3) Making it mandatory for Landlords to notify current, new and prospective FHO Tenants that they have rights protected under ORS 90.505 – 830
4) Increasing the statute of limitations under ORS 90.505 – 830 to align more closely with the long-term nature of floating home slip leases
Landlords are expected to come prepared and ready to tell us what they are willing to consider.
Also of importance for this coming meeting is that we have already achieved preliminary agreement on a few items during the last meeting, but if left unprotected and unrepresented, Landlords could reverse their agreement on these issues or use them as bargaining chips to get legislation that they want to have passed – such as allowing liveaboards or RV parks at your marina and permanently relocating your home to another part of the marina at your cost by serving a 30-day notice to tenants.  Here is what has been agreed to thus far by both sides, preliminarily and could be at risk:
1) Extending the time that an evicted FHO Tenant may attempt to sell their home (from 30 days to 12 months) on marina premises for evictions related to behavior.
2) Allowing FHO Tenants to pay the $10 annual assessment fee in order to fund and gain access to a free landlord-tenant dispute resolution resource that has a thorough understanding of the laws as an option to try to resolve issues in order to help avoid litigation.
3) Requiring Marina Landlords to attend mandatory continuing education to keep updated on the laws and marina tenancy issues.
We must stand up for our rights and create fair floating home owner tenant legislation.
It is always more valuable for attendees to participate in person, but if you cannot make it, the call-in number for this location – Multifamily NW: 515-604-9000, passcode 948800.
KEEP IN MIND: Our first marina meeting was very well attended, leaving standing room only.  You may want to toss a camp chair into your trunk just in case we exhaust the facility’s chairs again.
Our tenant group is 50 strong now and we represent approximately 13 moorages!  For those of you or your neighbors still concerned about participating, be assured that ORS 90.765 prohibits a marina Landlord from retaliatory conduct in response to a Floating Home Owner Tenant asserting or protecting their rights. AND further, ORS 90.750 grants Floating Home Owner Tenants the right to canvass at their marina or to discuss ANY matter related to floating home life with their neighbors anywhere, including in marina common areas or at your home at the marina. We have more power together.

From Victim to Activist – a floating home owner’s journey from darkness to community service

We are a Floating Home Owner Tenant Movement!!!

Angela Garvin was invited as a guest on Columbia County radio station KOHI AM1600 for a 2-part series to tell the story of her journey from an enthusiastic and excited, first-time, floating home owner to becoming the victim of a marina landlord who violated her rights to a near-breaking point and how surviving that experience gave her inspiration to help empower a community of floating home owners who rent their slips.

Many floating home marina owners operate their marinas very professionally, some even hire professional management companies, and their tenants have very few issues and enjoy their floating homes immensely – it truly is an incredible way of life! This is not that story.

Some floating home tenants cause real problems for their landlords and their neighbors by dealing drugs, disturbing the peace or not paying their rent.  This is not that story either.

Angela’s marina owners frequently made up rules which, in effect, prevented her and her family from being able to move in and live in their floating home for years, all while she was still responsible for paying rent to the moorage.  In constant fear of being kicked out of the moorage should she refuse the owners any of their requests, she searched for any laws pertaining to floating home owners which she might find useful or an organization who could advocate her as a floating home owner but she came up empty each time.

At one point, she was living in her 3rd temporary housing situation (one of the FIVE total temporary rental homes before her ordeal was done and she was finally able to move into her floating home permanently), when she became curious about what rights a tenant has who rents a floating home from a landlord who is also a floating home owner who rents their slip from a marina.   So, she did a quick web search for “Oregon floating home tenants.”

What came up was not what she expected.  For the first time, she realized that, in her own situation as a floating home owner at a rental moorage, even though she was a home owner, she was considered a tenant first under Oregon law. By searching under tenant laws after this discovery, she quickly discovered the existence of a package of Oregon laws which specifically protect floating home owners who own their homes and rent their slips.  She realized that she and her family had been victims of marina owners who had been demanding things that are not allowed under Oregon Statue Law.

Armed with this new information, she took that experience, and vowed to do all she could to make sure that didn’t happen again to other floating home owners.  Angela then teamed up with a group which drafts legislation for manufactured housing community tenants because floating home owners are in similar circumstances (manufactured home owners who own their manufactured houses, but rent space at a park, are similar to floating home owners who own their homes and rent slip space at a marina).

Inspired, Angela then set out to inform and share information about what she’d learned with other floating home owners at her marina – she knew that she was not the only one whose rights had been violated but found that tenants at her marina were too frightened of the perceived wrath of their landlord and being targeted in retaliation for joining a tenant group – a common occurrence at moorages where the landlords either don’t know the laws of believe they are above them.  So, she broadened her search for floating home owner tenants who might need help and sent out mailings and flyers to reach nearly every rental marina in the Portland, Scappoose and St. Helens waterways.

Floating home owner tenants from everywhere came out to learn about what was going on with floating home laws and their rights.   And together, the group of floating home owners have rallied and are making a difference.  They are changing laws and will no longer settle for just living in fear.

If you missed the shows and are curious about how the Floating Home Owner group came to be and a detailed account of Angela’s story, you can listen here.  Just scroll down to “Listen to Clean Columbia County Odd Friday, navigate to the folder with 2018 shows, and download both shows (June 8th and June 15th, 2018) to listen.

 

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.

_________________________________________

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

________________________________

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]

___________________________________________

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!!