(a) Is a natural person;
(b) Owns a manufactured dwelling that is, or is to be, located in a manufactured dwelling park of the cooperative and occupied by the person;
(c) Pays the membership fee required by the cooperative; and
(d) Meets any additional membership qualifications established in the articles of incorporation or bylaws of the cooperative.
(2) A manufactured dwelling park nonprofit cooperative shall accept as a member any person who meets the qualifications described in subsection (1) of this section.
(3) Membership in a manufactured dwelling park nonprofit cooperative entitles the member to rent space for a manufactured dwelling in a manufactured dwelling park of the cooperative and to occupy the manufactured dwelling.
(4) The total number of memberships available for issuance by a manufactured dwelling park nonprofit cooperative may not exceed the number of manufactured dwelling spaces in the manufactured dwelling park of the cooperative. A cooperative shall create or issue one membership for each manufactured dwelling that is, or is to be, located in a manufactured dwelling park of the cooperative and occupied by the dwelling owner. A person may not own more than one membership in the same cooperative. A membership may not be issued to a person unless the person meets the qualifications for membership described in subsection (1) of this section.
(5) A cooperative shall issue memberships for a fee determined by the directors of the cooperative. The directors may periodically adjust the fee amount as provided in the articles of incorporation or bylaws of the cooperative. Except for periodic adjustments, the membership fee charged by the cooperative shall be the same for all members.
(6) A member may sell or redeem membership in the cooperative only to the cooperative. A member may not sell or redeem membership to the cooperative for more than the price the member paid for the membership.
(7) Except as provided in this section, the articles of incorporation or bylaws of the cooperative shall establish the methods for accepting and terminating membership and for the sale or redemption of a membership.
(8)(a) A member may sell to another person the member’s manufactured dwelling located in the manufactured dwelling park of a cooperative. The member selling the manufactured dwelling must arrange to sell or redeem the membership to the cooperative as described in subsection (6) of this section.
(b) A person that buys a manufactured dwelling located in the park of a cooperative from any person may apply to become a member of the cooperative.
(c) Except as provided in paragraph (d) of this subsection:
(A) If a member of the cooperative transfers title to a manufactured dwelling located in the park of the cooperative to a person other than a lienholder, and a new owner of the manufactured dwelling does not become a member of the cooperative within six months after the member transfers title, the owner of the manufactured dwelling must remove the manufactured dwelling from the park of the cooperative.
(B) If title to a manufactured dwelling located in the park of a cooperative is transferred to a lienholder, and a buyer of the manufactured dwelling from the lienholder or from a person that acquired title from the lienholder does not become a member of the cooperative within 12 months after title is transferred to the lienholder, the owner of the manufactured dwelling must remove the manufactured dwelling from the park of the cooperative.
(d) An owner of a manufactured dwelling is not required to remove the manufactured dwelling as described in paragraph (c) of this subsection if the cooperative agrees with the owner in writing to:
(A) Waive or extend the deadline by which the buyer or subsequent buyer must remove the manufactured dwelling; or
(B) Store the manufactured dwelling on the space for a specified period of time.
(e) Notwithstanding ORS 446.626, if a manufactured dwelling located in a manufactured dwelling park of a cooperative was recorded in the county deed records before title to the manufactured dwelling was transferred from the record owner of the manufactured dwelling, the county shall continue to list the manufactured dwelling in the deed records until the earlier of:
(A) Twelve months after title is transferred from the record owner to a person other than a lienholder shown on the deed record for the manufactured dwelling, unless the county is notified that a subsequent buyer of the manufactured dwelling has become a member of the cooperative;
(B) Twelve months after title is transferred to a lienholder shown on the deed record for the manufactured dwelling, unless the county is notified that a subsequent buyer of the manufactured dwelling has become a member of the cooperative; or
(C) Issuance of a trip permit under ORS 446.631 for moving the dwelling.
(9) If a newly created manufactured dwelling park originates as a manufactured dwelling park nonprofit cooperative, a manufactured dwelling owner must become a member of the cooperative before residing in the park. [2007 c.607 §5; 2009 c.609 §5; 2017 c.198 §6]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Section 62.025 - Filing requirements.
Section 62.035 - Effective time and date of document.
Section 62.040 - Correcting filed document.
Section 62.050 - Filing duty of Secretary of State.
Section 62.060 - Evidentiary effect of copy of filed document.
Section 62.065 - Certificate of existence.
Section 62.125 - General powers.
Section 62.128 - Reserved name.
Section 62.131 - Cooperative name.
Section 62.155 - Registered office and registered agent; service of process on cooperative.
Section 62.165 - Actions in excess of authority.
Section 62.175 - Capital stock; membership stock.
Section 62.185 - Certificates of stock; contents.
Section 62.195 - Voting by shareholders.
Section 62.205 - Subscription agreement for shares or agreement to pay a membership fee; default.
Section 62.235 - Recall, exchange or redemption of stock or other evidence of equity by cooperative.
Section 62.251 - Notice to directors, members and shareholders.
Section 62.255 - Meetings of members.
Section 62.265 - Voting by members.
Section 62.275 - Quorum of members.
Section 62.280 - Board of directors.
Section 62.284 - Director conflict of interest.
Section 62.285 - Meetings of board of directors.
Section 62.286 - Loans to or guarantees for directors.
Section 62.290 - Executive committee.
Section 62.300 - Compensation and benefits to directors, officers and employees.
Section 62.335 - Action brought in right of cooperative by member or shareholder; attorney fees.
Section 62.355 - Cooperative contracts.
Section 62.360 - Recording cooperative contracts.
Section 62.365 - Relief against breach or threatened breach of contract; penalty for interference.
Section 62.415 - Apportionment and distribution of net proceeds or savings or net losses.
Section 62.425 - Unclaimed distribution, redemptions or payments.
Section 62.430 - Payments in name of deceased owner of capital credits or retains in cooperative.
Section 62.435 - Sale or other disposition of entire assets.
Section 62.440 - Books and records; attorney fees.
Section 62.455 - Annual report; form; effect of error; update of information.
Section 62.462 - Definitions for ORS 62.462 to 62.482.
Section 62.464 - Authority to indemnify director; report to members.
Section 62.468 - Advance for expenses.
Section 62.472 - Court-ordered indemnification.
Section 62.474 - Determination and authorization of indemnification.
Section 62.476 - Indemnification of officers, employees and agents.
Section 62.482 - Application of ORS 62.462 to 62.482.
Section 62.513 - Contents of articles of incorporation; rules.
Section 62.555 - Right to amend articles of incorporation.
Section 62.560 - Shareholder voting on amendments to articles.
Section 62.565 - Articles of amendment; effect of amendment.
Section 62.570 - Restated articles.
Section 62.605 - Definitions for ORS 62.605 to 62.623.
Section 62.609 - Action on plan of conversion.
Section 62.611 - Articles and plan of conversion.
Section 62.613 - Effect of conversion; entity existence continues.
Section 62.617 - Merger; plan of merger.
Section 62.619 - Action on plan of merger.
Section 62.621 - Articles and plan of merger.
Section 62.623 - Effect of merger.
Section 62.655 - Voluntary dissolution by act of cooperative.
Section 62.665 - Procedure for dissolution.
Section 62.680 - Articles of dissolution.
Section 62.702 - Procedure for dissolution of cooperative by court.
Section 62.704 - Judgment of dissolution issued by court.
Section 62.708 - Effect of dissolution.
Section 62.712 - Disposition of known claims against dissolved cooperative.
Section 62.714 - Notice of dissolution; presentation of claims against cooperative.
Section 62.720 - Presumption of abandonment; procedure for agriculture cooperatives and others.
Section 62.765 - Definitions for ORS 62.765 to 62.792.
Section 62.768 - Election to be governed as employee cooperative; corporate name.
Section 62.774 - Qualifications of members; membership shares; rights of members.
Section 62.777 - Membership powers.
Section 62.780 - Apportionment of net earnings or losses.
Section 62.783 - Internal capital accounts; redemption of shares; collective reserve account.
Section 62.786 - Internal capital account cooperative.
Section 62.789 - Procedure for revocation of election; limits on merger.
Section 62.800 - Short title; purpose; resolution of conflicts.
Section 62.803 - Definitions for ORS 62.800 to 62.815.
Section 62.806 - Election as nonprofit cooperative.
Section 62.812 - Distribution of cooperative assets upon dissolution.
Section 62.815 - Prohibited actions.