Search

Phil Querin Q&A: Child Care Facilities in Oregon Manufactured Housing Parks

Phil Querin

 

Question:   Oregon passed a law last year that prohibits housing providers from implementing community rules prohibiting residents from having daycare facilities in their homes.  Among other things, the law states that housing providers can require residents with these facilities in their homes to provide proof of insurance.  However, I’m unclear as to what type of insurance and how much we should be requiring.  At our park there are two residents offering daycare services in their homes and we’d like to follow-up and require liability insurance.  What type of insurance should we require of them and in what amounts?  Is there anything more we ought to be doing in response to this change in Oregon law?  Thanks. 

 

 

Answer:  First, a reminder.

Squatter on RV Space

Mark L. Busch

 

 

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

 

Unfortunately, it is not unusual to have someone simply pull into an empty RV space and refuse to pay or leave.  How does a landlord best deal with this situation?

 

Since there is no rental agreement and the landlord (presumably) has not accepted any rent or other payments, the person is technically a “squatter.”  Under Oregon law, a “squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement.  The “dwelling unit” in this case is the RV space.  Occupancy by a squatter is not governed by the usual landlord-tenant laws under ORS Chapter 90.

 

The person is first and foremost a trespasser.  As such, you should first try contacting the police or sheriff, explain the situation to

Using MHCO Form 30 (Abandonment Form) and Form 30A (Personal Property Abandonment)

Phil Querin

 

Introduction. First, let’s start with the basics: There are two main types of property, real and personal. (There is a third category, a hybrid actually, called a “fixture,” which was originally personal property that when securely attached to the real property becomes a part of it. Removal would cause damage to the structure. Fixtures transfer with the structure unless removed by pre-agreement before closing of the sale. In residential housing, attached light fixtures are the main example.) For purposes of this article, we  will ignore fixtures.

 

Mobile and manufactured homes are personal property.

Mark Busch: Changing Rules in an RV Park

Mark L. Busch

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

The question often arises whether and how RV park landlords can change and update their park rules.  For manufactured home parks, the answer is clear – landlords can issue a rule change notice that allows tenants to vote on the proposed new rules (MHCO Form 60 – Notice of Rule Change).  However, there are no similar procedures in an RV park.

 

Rule changes for RV parks and other non-manufactured home tenancies are governed by