Park Sale

Bill Miner Q&A: Park Sale and Tenants' Right to Compete to Purchase

Background  In 2021, HB 2364 was passed by the Legislature and signed by the Governor modifying the requirements in ORS 90.842 et. al., which requires manufactured home park owners to give their tenants an opportunity to compete to purchase a park prior to selling to a third party. I have brushed off the questions and answers submitted in 2015 as an update to the new law. 

Please note that there are some significant changes with the 2021 law, including a substantial penalty to owners who do not follow the law. I would encourage you to review the changes closely and let me know if you have any further questions. For some of the minor changes, I have bolded and italicized the changes. Any owner who has received an offer to purchase their manufactured home park that they intend to consider, or are entertaining executing a listing agreement with a broker to sell their park, should reach out to legal counsel who have familiarity and experience with this law.  Any broker who is working with an owner should also seek legal counsel to ensure the process is being followed. 

 

 

Bill Miner: Question and Answers When Selling a Community In Oregon (Second of Two Parts)


Q: What happens after I give them the financial information?


A: The tenants committee must (1) form a corporate entity that is legally capable of purchasing property or associate with a nonprofit corporation or housing authority that is legally capable of purchasing real property or that is advising the tenants about purchasing the park in which the tenants reside; and (2) submit a written offer to purchase the park, in the form of a proposed purchase and sale agreement, and either a copy of the articles of incorporation of the newly formed entity .

Subscribe to Park Sale