(2) Except as provided in ORS 90.848, before selling a facility to an entity that is not formed by or associated with the tenants, the owner of the facility must give the notice required by ORS 90.842 and comply with the requirements of ORS 90.844.
(3) A minor error in providing the notice required by ORS 90.842 or in providing the financial information required by ORS 90.844 does not prevent the owner from selling the facility to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.
(4) During the process described in ORS 90.842 to 90.850, the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants.
(5) If the owner does not comply with requirements of this section and ORS 90.842 and 90.844, in a substantial way that prevents the tenants from competing to purchase the facility, the tenants may:
(a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS 90.850; or
(b) Recover 10 percent of the sale price of the facility.
(6) Upon an award of damages under subsection (5)(b) of this section, the Department of Justice becomes a judgment creditor as to 50 percent of the award and the prevailing party becomes a judgment creditor for the remaining 50 percent of the award. Any recovery of the Department of Justice’s share of the award shall be deposited into the Manufactured Dwelling Parks Account under ORS 456.579, after deducting the Department of Justice’s costs of collection.
(7) Within seven days following a judgment award under subsection (5)(b) of this section, the prevailing party shall provide written notice of the award to the Department of Justice.
(8) If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS 90.844, the owner may recover actual damages from the tenant.
(9) The Housing and Community Services Department shall prepare and make available information for tenants about purchasing a facility. [2014 c.89 §3; 2019 c.625 §28; 2021 c.292 §3]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 090 - Residential Landlord and Tenant
Section 90.110 - Exclusions from application of this chapter.
Section 90.112 - Maximum occupancy limit.
Section 90.125 - Administration of remedies; enforcement.
Section 90.135 - Unconscionability.
Section 90.140 - Types of payments landlord may require or accept; written evidence of payment.
Section 90.147 - Delivery of possession.
Section 90.150 - Service or delivery of actual notice.
Section 90.155 - Service or delivery of written notice.
Section 90.160 - Calculation of notice periods.
Section 90.222 - Renter’s liability insurance.
Section 90.228 - Notice of location in 100-year flood plain.
Section 90.243 - Qualifications for drug and alcohol free housing; "program of recovery" defined.
Section 90.245 - Prohibited provisions in rental agreements; remedy.
Section 90.260 - Late rent payment charge or fee; restrictions; calculation.
Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions.
Section 90.263 - Vehicle tags.
Section 90.265 - Interest in alternative energy device installed by tenant.
Section 90.275 - Temporary occupancy agreement; terms and conditions.
Section 90.295 - Applicant screening charges; screening criteria.
Section 90.300 - Security deposits; prepaid rent.
Section 90.303 - Evaluation of applicant.
Section 90.304 - Statement of reasons for denial; remedy.
Section 90.316 - Carbon monoxide alarm.
Section 90.317 - Repair or replacement of carbon monoxide alarm.
Section 90.318 - Criteria for landlord provision of certain recycling services.
Section 90.322 - Landlord or agent access to premises; remedies.
Section 90.323 - Maximum rent increase; exceptions; notice.
Section 90.324 - Calculation of maximum rent increase; publication.
Section 90.325 - Tenant duties.
Section 90.365 - Failure of landlord to supply essential services; remedies.
Section 90.368 - Repair of minor habitability defect.
Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.
Section 90.380 - Effect of rental of dwelling in violation of building or housing codes; remedy.
Section 90.390 - Discrimination against tenant or applicant; tenant defense.
Section 90.391 - Information to veterans required in notice.
Section 90.392 - Termination of tenancy for cause; tenant right to cure violation.
Section 90.394 - Termination of tenancy for failure to pay rent.
Section 90.396 - Acts or omissions justifying termination 24 hours after notice.
Section 90.398 - Termination of tenancy for drug or alcohol violations.
Section 90.401 - Remedies available to landlord.
Section 90.403 - Taking possession of premises from unauthorized possessor.
Section 90.405 - Effect of tenant keeping unpermitted pet.
Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.
Section 90.412 - Waiver of termination of tenancy.
Section 90.414 - Acts not constituting waiver of termination of tenancy; delivery of rent refund.
Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.
Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.
Section 90.427 - Termination of tenancy without tenant cause; effect of termination notice.
Section 90.440 - Termination of tenancy in group recovery home; recovery of possession; damages.
Section 90.445 - Termination of tenant committing criminal act of physical violence.
Section 90.449 - Landlord discrimination against victim; exception; tenant defenses and remedies.
Section 90.462 - Electric vehicle charging stations.
Section 90.472 - Termination by tenant called into active state service by Governor.
Section 90.485 - Restrictions on landlord removal of vehicle; exceptions.
Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.
Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.
Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.
Section 90.510 - Statement of policy; rental agreement; rules and regulations; remedies.
Section 90.512 - Definitions for ORS 90.514 and 90.518.
Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement.
Section 90.518 - Provider statement of estimated cost of improvements.
Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.
Section 90.527 - Renter’s liability insurance in park.
Section 90.528 - Use of common areas or facilities.
Section 90.530 - Pets in facilities; rental agreements; violations.
Section 90.555 - Subleasing agreements.
Section 90.560 - Definitions for ORS 90.560 to 90.584.
Section 90.562 - Utility and service charges; limits.
Section 90.564 - Charge for cable, satellite or Internet.
Section 90.566 - Conversion to direct billing for garbage service.
Section 90.568 - Pro rata billing; apportionment methods.
Section 90.572 - Submeter billing.
Section 90.574 - Conversion to submeter or pro rata billing for water.
Section 90.576 - Legislative findings.
Section 90.578 - Conversion to submeter or direct billing for large parks.
Section 90.580 - Entry to read submeter; requirement for water submeter.
Section 90.582 - Publication of submeter or pro rata bills; tenant
Section 90.584 - Park specific billing for water; voting.
Section 90.610 - Notice of proposed change in rule or regulation; tenant objection to change.
Section 90.620 - Termination by tenant; notice to landlord.
Section 90.630 - Termination by landlord; causes; notice; cure; repeated nonpayment of rent.
Section 90.640 - Park damaged by natural disaster.
Section 90.643 - Conversion of park to planned community subdivision of manufactured dwellings.
Section 90.645 - Closure of park; notices; payments to tenants; rules.
Section 90.650 - Notice of tax provisions to tenants of closing park; rules.
Section 90.655 - Park closure notice to nontenants; report of tenant reactions.
Section 90.671 - Closure of marina; notices; payments to tenants; rules.
Section 90.710 - Causes of action; limit on cause of action of tenant.
Section 90.725 - Landlord or agent access to rented space; remedies.
Section 90.727 - Maintenance of trees in rented spaces.
Section 90.729 - Temporary movement of floating home; notice; costs paid by landlord.
Section 90.732 - Landlord registration; registration fee.
Section 90.734 - Manager or owner continuing education requirements.
Section 90.736 - Civil penalties.
Section 90.738 - Enforcement of registration and education requirements; advisory committee; rules.
Section 90.740 - Tenant obligations.
Section 90.750 - Right to assemble or canvass in facility; limitations.
Section 90.755 - Right to speak on political issues; limitations; placement of political signs.
Section 90.765 - Prohibitions on retaliatory conduct by landlord.
Section 90.767 - Mandatory mediation.
Section 90.771 - Confidentiality of information regarding disputes.
Section 90.840 - Park purchase funds, loans.
Section 90.844 - Procedures for purchase of facility by tenants; financial information; deadlines.
Section 90.846 - Notices and processes in facility transfer; remedies.
Section 90.848 - Exceptions to facility transfer requirements.
Section 90.849 - Notice of conveyance.
Section 90.860 - Definitions for ORS 90.865 to 90.875.
Section 90.865 - Dealer notice of rent payments and financing.
Section 90.870 - Manner of giving notice; persons entitled to notice.