Bulletin: OR2021002

Dear Associates:

It is the policy of the State of Oregon to encourage facility tenants to participate in the housing marketplace by ensuring that technical assistance, financing opportunities, notice of sale of facilities and the option to purchase facilities are made available to tenants who choose to participate in the purchase of a facility. In 2015 the legislature separated the existing statutes pertaining to the sale of mobile home park dwellings and floating home marinas into separate statutes; in 2019 they were combined again. The sale of a Facility, defined as a manufactured dwelling park or marina containing four or more homes/floating homes, is subject to statutes ORS 90.842 to 90.850. 

Per the statute an owner of a facility shall give written notice of the owner’s interest in selling the facility before the owner markets the facility for sale or when the owner receives an offer to purchase that the owner intends to consider, whichever occurs first. 

Notice must be given to:

(a) All tenants of the facility; or

(b) A tenants committee, if there is an existing committee of tenants formed for purposes including the purchase of the facility and with which the owner has met in the 12-month period immediately before delivery of the notice.

(c) The Housing and Community Services Department. 

ORS 90.842 addresses the content of the owner’s notice and the procedures for the tenants to pursue a purchase of the facility. ORS 90.848 addresses exemptions to facility transfer requirements. ORS 90.850 provides for the recording of an affidavit of compliance with the notice requirements. 

An exception for the tenants right to purchase the facility should appear in a title report or commitment that concerns a sale of a manufactured home park or floating home marina with four or more homes/floating homes. Please see sample exception below. The exception may be cleared by recording an Affidavit of Compliance as set out in ORS 90.850. 

Manufactured Home Parks: 

The rights of tenants or a tenants’ committee to purchase a manufactured dwelling park, under ORS 90.842 to 90.850.  

NOTE: The Company will require the recording of an affidavit of compliance, as provided for in ORS 90.850. An appropriate form of affidavit is available upon request. 

Floating Home Marinas: 

The rights of tenants, a tenants’ association or a marina purchase association to purchase a houseboat marina, under ORS 90.842 to 90.850.  

NOTE: The Company will require the recording of an affidavit of compliance, as provided for in ORS 90.850. An appropriate form of affidavit is available upon request.

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