How are you sleeping? Health professionals are increasingly touting the benefits of a good night's sleep for optimal health. Are you sleeping like a baby, secure in the knowledge that your company has carefully analyzed the overtime status of its employees under Oregon law and the federal Fair Labor Standards Act ("FLSA")? Or are you tossing and turning, concerned that with every paycheck issued, your company may be exposing itself to liability for unpaid overtime, penalties and damages, and attorneys' fees? If so, keep reading, and you'll be sleeping through the night in no time.

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?

Kelly Koontz
45 Logan Ave South
Renton, WA 98057

Phone: 425-228-6831
Fax: 206-202-3094

Email: kelly@submetersolutions.com
Website: submetersolutions.com

The Manufactured Home industry is growing at a healthy pace...finally

So far this year, shipments of new manufactured homes in the US is 16% higher than the same time period in 2015. According to the US Census Bureau, 70,500 new units were shipped in 2015. If the current trend continues (as industry forecasts suggest), 2016 could see total shipments of over 80,000 units. This number is an impressive change from 2009 (the industry's worse year historically) when only 49,789 units were built, but it's even farther from the best year in the business: 1998, when nearly 373,000 manufactured homes were shipped.

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.

Some disasters, like hurricanes and floods, allow you to take action ahead of time to save lives and property. Others, like tornadoes, earthquakes, and flash floods, need more immediate action. You should have plans for both.

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?

Summer is here again! And the kids have started their seasonal pilgrim- age to the coolest place in the all- age park, the swimming pool. Each year, there is accidental loss of life in private residential pools. Management is not required to provide lifeguards or medical services. As a mandate of federal law (mirrored in the Fair Employment and Housing Act as well), when it comes to common facilities in all age parks, (pools included), parents and guardians are charged with the discretion and power to supervise. This is not a management function. And now, a new case shows that liability can be sought for internal management guidelines passed along to managers from educational course notes!