What is a manufactured home or marina facility?
A manufactured home park facility is a unique community. Unlike other communities, residents of manufactured home or marina facilities don’t own the land their home sits on. In addition, residents of these facilities are required to sign rental agreements and follow facility rules and regulations. At times, communications can break down between landlords and residents. This is when a Tenants Committee can help residents understand rules and regulations.
What is a Tenants Committee?
A Tenants Committee is a group of residents elected by a majority of the facility residents to represent their interests.
Who can be a member?
Any facility resident may be on the committee. However, the law also identifies facility staff members who pay rent as residents/tenants. Given their role in the facility, their participation on the committee might present a conflict of interest and isn’t recommended.
Are Tenants Committees required?
Oregon law encourages landlords to meet with tenants to talk over issues. Tenants are not required to form a committee, but the law provides steps to create one if needed.
How often should a Tenants Committee meet?
Tenants may meet as often as they chose, but meetings with the landlord or landlord’s representative may be held at least once per year and no more than twice per year.
How do you form a Tenants Committee?
The law doesn’t establish a formal election process. However, it’s advisable to follow a system to meet the intent of the law. Example of an election process:
- Identify a tenant willing to assume responsibility for the process.
- Select a group of three or more tenants to handle the election details.
- Create and distribute a flyer that explains what a Tenants Committee is, summarizes the election process, and requests nominations to be submitted to the group.
- Place a ballot box in a secure, central location. The tenants group will count returned ballots and notify the seven nominees with the most votes that they were elected to the committee.
- Select a chairperson and a recording secretary at the first committee meeting.
What happens when communication efforts are unsuccessful?
Sometimes landlords may not agree to meet with the Tenants Committee. The committee may use the facility’s mediation-dispute resolution procedure, found in their Statement of Policy, as required by law. The procedure ensures issues are given a fair hearing scheduled within 30 days after the landlord receives the complaint in writing. For help with conflicts or questions regarding any part of the process to form a committee of the mediationdispute resolution procedure, tenants and landlords can contact Oregon’s Manufactured and Marina Communities Resource Center.
What does the legislation say about Tenants Committees?
- In 1997, the Oregon Legislature passed ORS 90.600 (9).
- Tenants of a manufactured home or marina facility may form a committee by electing seven or fewer members to represent all tenants.
- The landlord, or landlord’s representative, must meet with the Tenants Committee at least
once a year.
- The Tenants Committee must request the meetings with the landlord in writing, and the landlord must schedule a meeting with the Tenants Committee within 30 days of the request.
- The meeting can be held on the premises if the facility has a suitable meeting space or at a location reasonably convenient to the tenants.
- Tenants and landlords can discuss any complaints or topics about life in the park, except for rent issues.
- After the meeting, the Tenants Committee can send a written summary of issues and concerns addressed at the meeting with the landlord. The landlord must respond in writing to the Tenants Committee’s summary within 60 days.