Querin Law

Question: We have submeters to all of the resident spaces in our community for sewer and water. But common area sewer/water was not submetered. We would like to do so now. We are planning to look at the trailing 12 months' numbers in each of these three categories, and dividing those numbers by 12 months, and then dividing those number by the number of sites in our community (175). So my question is: How much notice do we have to give our residents in order to pass this amount thru to them?

Question: A resident died last month in our community, leaving three adult daughters. Two of the daughters have been issued "No Trespassing" notices from management because of past bad behavior. One of the daughters barred from the community is the executor of the will. The manager has changed the locks on the home. The three daughters have demanded entry to remove items and provided our manager with the will. The daughters do not get along. What can our manager do? Set specific times for them to enter and remove items? The daughters are angry at our manager and each other - accusing the manager of removing items from the home as well as blaming each other. Last night they surrounded our manager and verbally abused her. What are the manager's rights? Does she have to let them on the property? Does she need to record everything that is removed from the home? How does she handle the two daughters who have been trespassed from the community?

Question: I have made an ongoing accommodation to a tenant that he can pay his rent on the 11th of the month. Because of a pension from the employer he retired from, funds are deposited to his bank on the 10th of every month. Earlier this month, we accepted his personal check and that check bounced. That is the 3rd time in the past 13 months that his rent checks have been returned to me. This tenant is otherwise a good resident, but the frustration has brought me to ask the following questions:

• Have I created a problem for myself by agreeing to rent being due on the 11th of the month instead of the 1st of the month?
• Is there an MHCO form that can address this problem?
• Can I charge this tenant a late fee for bounced checks along with the NSF fee (This is not addressed in my park rules and regulations but is addressed in the MHCO rental agreement 5A)?
• Can I insist that this tenant pay his monthly rent by Certified Check or Money Order?

Question: We issued a 30-60 day notice to a tenant to paint their home. Every tenant was sent a letter along with the notice requiring them to get prior approval for the paint color. This tenant did not get prior approval and painted his house a color that is too bright.

We have reached out to him several times requesting he come and discuss this with us and he has not responded. Extensions were given to August 31, 2018 for everyone who received a notice to paint, due to the extreme heat we had this summer. Some tenants have requested additional time and we have written agreements with them giving an additional 30 days until Sept 30, 2018.

We are making a final request to the uncooperative tenant to come to the office and talk with us. My question is would we be able to proceed under the 30-60 day disrepair notice, or do we start a new 30 day notice? He did paint like we asked him, but it was not a color approved by management.

Question: An existing resident who has been a good tenant in the past has currently had a life change that has resulted in multiple family members visiting daily, every week. Many of the visiting relatives appear to be associated with bad actors, e.g. drug dealers, etc., although much is hearsay. The visiting relatives are not living in the house. What steps can I take to get the unwanted guests off the property once and for all?

Question: A former resident who was a major problem while living here, voluntarily left the community and removed his home. However, he continues to visit the community and neighbors. This person has been seen on his old space (currently vacant and not in his possession) and also visiting existing tenants' spaces. Can I trespass this person from the community? If so, what grounds do I need to trespass someone?

Question:  Our community is having more and more residents who are trying to bring in dogs or other animals as “assistance” or “service” to get around signing the Pet Agreement or paying pet fees. We also have some that bring in pets that are under the weight limit as puppies, but not as adults. What can be done? And what about those breeds of dogs that have a reputation for being vicious, that residents claim are for their emotional support? Do we, as landlords, have any recourse to require residents to get rid of their animals, as they are abusing the system to circumvent our size requirements?

Question: I have a question regarding a resident's death in our community where the only thing he left was his personal belongings and cars on the space. The landlord owned the home and had been subleasing to the resident. After he passed away, his foster brothers were notified, and they have gone through the home, and presumably took what they wanted. There is no will. What does the landlord do at this point? How would this be different if the resident owned the home?

Question 1: If a community is a legal 55+ park, is it still subject to the federal and state laws prohibiting discrimination against children?

Question 2: 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?

Question. We have an applicant applying for residency that has an Oregon Medical Marijuana Card, He has requested that he grow marijuana for his use and is asking for a reasonable accommodation to grow since our rules do not allow pot to be grown on the space. Does this qualify for a reasonable accommodation? If we make a reasonable accommodation is he still required to grow only the limited number of plants outlined in the ORS? Or can he grow as many as he wants? Can we require that the plants be grown in the back of the space?"