Phil Querin Q&A: Hazard Trees & The Root of the Problem

Question. Our park has Ash trees on most of the spaces, planted by the owners when the spaces were first occupied. Most of the trees are between thirty and forty years old.

We routinely maintain the above-ground parts of the trees. We prune and repair the trees as needed, and occasionally remove trees when necessary. In some cases the roots have damaged walkways or street curbs, creating potential trip hazards. When that happens we hire contractors to remove the damaged concrete and the intruding roots, and replace the concrete. The park absorbs these costs.

My question has to do with other types of root damage. We recently repaired damaged walkways and curbs at several spaces. In addition to the damage we repaired, two residents complained of additional damage.

In one case it appears that a root was lifting a pier block under the deck, causing the deck to rise at one corner. I had the contractor cut the root while they were repairing the walkway, which should stop the root from growing, and the deck from lifting. The resident has now demanded that I remove the root and re-level the deck. This looks like a pretty big job that could easily snowball.

In another case the homeowner has noticed that the floor of the home is out of level. It appears that a root is lifting one or more of the supports under the home. I expect her to ask me to pay for getting the home re-leveled.

As the park owner, what is my responsibility for damage such as this to the manufactured home structure caused by tree roots? These trees are all greater than 8 inches DBH. It seems to me that if root intrusion issues are brought into the mix, any tree over 8 inches DBH would automatically be a hazard tree. Is that really how we should be interpreting the law?

Phil Querin Q&A: Additional Thoughts on Home Burns Down in Community

In early June, following my article titled "Home Fire in the Community" (Phil Querin Q&A: Home Burns Down in Community - What next? - Published June 4, 2015) I received an email from John Van Landingham with a 'gentle reminder' that "...you might want to add that, if a governmental agency posts the burned-out home as constituting a health hazard, the abandoned property timelines can be shortened. ORS 90.675 (21)." John was -- as usual -- absolutely correct. John and I were both involved in the creation of the abandonment law fifteen years ago (has it really been that long?), so I have no excuse in forgetting this important provision. Mea Culpa! Below is an amplification of my earlier post.

Summer Check List With Imagination


We at First Commercial Property Corp. have had a busier winter and Spring than we have EVER had as Managers of MHCs these last 35 years; opening our new Oregon Office, hiring Sally Harrington, John Cox and Scott Mullens, and focusing on positioning properties for SPRING/SUMMER cleanups! Speaking of which, it is summer, and the only thing that prevents MHCs from being the best they can possibly be is our imaginations! Why not take advantage of the season, and slowly WALK through your community with "fresh eyes!" There is plenty to do and see:

Phil Querin Q&A - Resident Leaves but Returns Requesting Temp Occupant Status

Question: A former tenant who signed over his mobile but left the Park with almost $4,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor's home. Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I'm afraid he will say he will be serving as a care giver for the current tenant. What can I do?

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