Question. What do you do when you discover a resident has filed for bankruptcy after you have given them a 72 hour notice for nonpayment of rent? Is the process different if you give them a 30-day notice for cleaning up their space and you discover that they have filed bankruptcy?
Question One: If a community is a legal 55+ park, is it still subject to the federal and state laws prohibiting discrimination against children?
Question Two: If the current rules in a family community appear to be discriminatory towards children -- e.g. they place restrictions that have a discriminatory impact on children or persons with children (e.g. curfew on children, even if it's intended to be for their own safety) can the landlord unilaterally amend the rules, or does he/she need to go through the formal rule change process outlined in the ORS 90.610?
Questions. We want to add street lighting to a section of our community that has none. The light poles will need to be placed on several of the spaces. Can we install these on the space without resident permission? Is a 24 hour notice sufficient notice? What do you suggest? Secondly, we also want to repair broken street lights that are on a number of resident spaces. Can we go on the space with a 24 hour notice? What if the resident objects?
Question No. 1. We are currently in the process of submetering our community and we have been asked a question by the residents that we run into frequently. This scenario refers to the first month of billing, i.e. January 2017: Tenants ask "If we are being billed for utility usage from November 15 -- December 15 and then we pay for usage on our January rent invoice, haven't we already paid for these services in our December rent, i.e. before the effective date of the submetering? If so, it appears that we are paying for it twice.
Question. What is the difference between a "Maintenance/Clean-Up Notice" (MHCO Form 47) and the other two termination notices (MHCO Form 43 -- "30 Day Notice For Cause Eviction" and MHCO 55 "30 Day Notice to Terminate and Remove Home")? I get confused on which one to use and when. Why do we need difference forms for these violations?
Question. We have a 55 and older Park with 164 homes. The residents own their homes but lease the land. We have an individual that is growing marijuana in her back yard. She says she has a medical card which makes it legal to grow and also has a handicap which makes it perfectly lawful. The neighbors are complaining about the smell. We have nothing in our Lease, Rules & Regulations or Statement of Policy that say residents are not allowed to grow. This is the first time I have come across this and I want to make sure to get it right as whatever the decision is will set a precedent.
Question. What is the difference between the enforceability of our rules vs our rental agreement? What if they conflict?
Question. We have a resale compliance form that we give to residents planning to sell their home on site. We recently had a resident tell us we could not dictate what they had to do in order to prepare their home for resale. Is that correct?
Question. A resident living alone is in a coma in the hospital. Family and friends have arrived and insist in staying at the resident's home. What should the manager do? How does the manager even know if these people should be allowed in the house? What are the park's rights and what notice would you use to resolve the issue?
Question. Our manager gave a 30-day notice to a resident for continued bad behavior (e.g. disturbing the peaceful enjoyment of other residents). After the 30-day notice was served the bad behavior continued. Does the manager have to wait the full 30 days before going to court and filing the eviction?