MH/OSTA
CHAPTER HANDBOOK
Table of Contents
Introduction………………………………………………………………….1
Part I How to Recruit and Keep
Members………………………………2
Part II Who’s Who and What’s What……………………………….…...3
5-Year Rental
Agreement…………………………………………5
Part III Our Rights! ……………………………….………………….……6
Part IV Changes in Rules.. …………………………………….………….9
MCRC
Mediation…………………………………………………10
Part V By-Laws …………………………... ………………………………11
Part VI Conducting Your
OSTA Meeting..…………………… …………14
Part VII Committee of
Seven Meeting ………………………….……… 17
Part VIII Oregon Statutes …………………………………… ………….18
INTRODUCTION
MH/OSTA was created in 1977 to enhance
the desirability and quality of manufactured/mobile home park living. We are a statewide grassroots organization
which endeavors to make changes that will help all of us who own our homes and
rent or lease the ground on which they are sited.
Here are some of the ways we do that:
·
Staff (through a network of volunteers)
a free 800 number for manufactured home owners to call to help resolve
problems, learn about their rights under state law, and access up-to-date information
and resources.
·
Publish a quarterly newsletter, The OSTA Quarterly Review, with
information about homeowners’ rights, activities at parks statewide,
legislative updates, volunteer profiles, and other information relevant to
manufactured homeowners.
·
Promote information-sharing and a sense
of community among homeowners from parks throughout the state through our website,
blog, district meetings, and annual statewide meeting.
·
Through our network of trained volunteer
district directors, provide homeowners with the support they need to form and
manage successful chapters in their own parks.
·
Advocate for pro-homeowner changes to
state landlord-tenant law (Oregon Revised Statues Title 10, Chapter 90) through
the Manufactured Housing Landlord-Tenant Coalition.
·
Provide a unified pro-resident voice to
park owners, management, government, and other organizations.
·
Through media efforts, dispel
misconceptions and stereotypes about manufactured home park living.
Part I
How to Recruit and Keep
Members
1.
Know
and be able to explain the mission and goals of MH/OSTA and your chapter.
2.
Match
positions within the chapter to people who have the skills and desires for the
job.
3.
Recognize
and appreciate your members and officers and involve them in decisions and
efforts to reach chapter goals. Honor members occasionally on special
days—birthdays, anniversaries, and greet potential members with a small gift.
4.
All
should work together for the benefit and enjoyment of the organization.
There
is Strength in Numbers; Power in Organization
Our strength, OSTA’s strength,
lies in our being organized and having many members.
Our strength lies in planning and implementing
those plans with hard work.
Our strength lies with our
consistently promoting legislation that can be passed into law.
Our strength lies in educating
ourselves about our rights under those laws.
Our strength lies in our members
paying their dues and donating what they can to further our mission of helping
each other.
Our political strength lies in
showing legislators that there are many of us united in a need to live
comfortably in affordable housing under fair laws.
Sometimes we forget just who and what
OSTA is. The “who” of OSTA is all of us, each and every one, united first in
chapters, then statewide. The “what” is the power that all of us, both in our
chapters and statewide, can exert on landlords and legislators. If your chapter
is weak, which happens if you don’t have many members, and if people aren’t
willing to be organized and work, then strength to influence landlords and
legislators is also weak. The state-wide organization is made up of the
chapters, so if chapters become weak, so does the whole organization. No one
can afford to sit back and let “OSTA take care of things” because YOU are OSTA,
and YOU are responsible for keeping OSTA functioning.
PART II
Who’s Who and What’s What
Manufactured
Housing/OSTA
MH/OSTA’s
mission is to provide and promote:
·
Ready access to homeowner information
and assistance
·
Improvement, protection and awareness of
homeowner rights
·
Preservation of manufactured home
ownership as a desirable and affordable housing option.
·
Connection to needed services provided
by others.
·
A sense of community among manufactured
homeowners statewide.
We accomplish these
goals through growing our membership base, strengthening the connections among
members through our system of local chapters and districts, and providing
members with the information that they need to live securely and comfortably in
their own homes and communities.
A
Committee of Seven:
Resolving
Problems with Your Landlord
Title 10 Chapter 90.600 (5)(a)and (b) enables
residents in a park to elect a Committee
of Seven or fewer to meet with the owner or his representative at no more
than two meetings a year to discuss non-rent concerns. The Committee collects
written problems, and after receiving several complaints, asks for one of the
two yearly meetings with the owner. Afterwards the Committee Secretary submits
a written summary of the proceedings to the landlord, who then has 60 days in
which to respond in writing to the concerns. The committee is entitled to
informal dispute resolution if the landlord fails to meet or respond to the
summary. An individual with a personal complaint should contact the manager on
his or her own, perhaps taking a witness. (See page 17 for Committee of Seven
guidelines.)
Homeowners’
Association
Some parks also have a Homeowners’ Association that automatically includes every resident
of the park. Generally this group offers activities to promote neighborliness.
Among the activities are coffees, potlucks, games, garage sales, welcome
baskets, etc. This group can also provide information on community services. If
there is no homeowners association, the OSTA chapter or individuals can assume
promoting neighborliness.
A
sample form follows for compiling information for a park directory:
Welcome Neighbors
Residents’Names:______________________________________________________________________________________________________________________
Mailing Address & Space
#:____________________________________________
Phone Numbers:
____________________________________________________
E-Mail Address:_____________________________________________________
Birthdays/Anniversary:________________________________________________
Emergency Contacts:_________________________________________________
__________________________________________________________________
Pets’ Names and
description: __________________________________________
Work Experience/Hobbies:
__________________________________________________________________
Other
committees often established in parks include:
Hospitality--This
committee can provide refreshments at meetings, send cards to shut-ins, and
call on new residents, perhaps with a small gift and a copy of The OSTA Quarterly Review.
Security
Patrol--established with the help of the police department,
the security patrol serves as eyes and ears, especially at night.
Overlapping
Functions of the Various Groups within a Park
It is of utmost importance that each group functions
within the parameters of its own committee so that duties don’t overlap and
feelings don’t get bruised. Even if a park has just two of the groups mentioned
here, it would be wise for the chairpersons to confer periodically and lay out
and agree to their agendas in writing before reporting to the rest of the
residents. All of these groups are referred to in the state statutes as Tenants Associations. At one meeting
each year, the chairs of the groups should provide an updated one-page
reference listing the organizations and their contacts. Management is required
by statute to provide this page of information to new residents along with a
Statement of Policy, rental agreement, and rules.
Landlords’
Five-Year Rental History
Every landlord who rents space in a manufactured
home park must provide potential tenants with a Statement of Policy. The
written statement must include “the facility policy
regarding rent adjustment and a rent history for the space to be rented. The
rent history must, at a minimum, show the rent amounts on January 1 of each of
the five preceding calendar years or during the length of the landlord’s
ownership, leasing or subleasing of the facility, whichever period is shorter”
(ORS Chapter 90.510). What this means
is that someone moving in will know how much the landlord has raised the rent
since he or she has owned the park. Potential residents should study those
Statements of Policy before signing any papers, and if, as a current resident,
you don’t have a copy in your personal files, you’re legally entitled to get a
copy from your manager. If the managers claim they don’t have a copy of
your rental agreement, they CANNOT make you sign a new one.
Part
III Our Rights!
Tell
Your Friends and Neighbors!
Many of our rights didn’t exist
until after 1977, the year the Oregon State Tenants Association, now called
Manufactured Housing/OSTA, was
established. Now Oregon Revised Statutes
--ORS Chapter 90—give you and your neighbors the right to:
·
Form a residents’ association without
management interference or fear of retaliation
·
Object to proposed park rules change by
submitting a petition signed by one person in 51% or more of the eligible
homes.
·
Make a legitimate complaint to the
landlord or owner without fear of retaliation.
·
Receive a 90-day notice of a rent
increase.
·
Have written copies of the rental
agreement, park rules, and policy statement.
·
Be notified in writing if you are
accused of violating any park rule or policy.
·
Expect your park to be maintained in a
safe and healthful condition.
·
Not sign a new rental agreement if you
currently have a month-to-month one.
·
Be protected from eviction except for
not paying rent or utilities, illegal activities, or violation of park rules.
ORS Chapter 90 laws also require
your landlord to:
·
Keep clubhouse and other facilities available
for use from 8 a.m. to 10 p.m., seven days a week and not require you to
provide liability insurance to use those facilities.
·
Meet with a community-elected committee
to resolve landlord/tenant problems.
·
No longer charge you fees for having a
pet.
·
Accept or reject a submitted application
from a prospective buyer within seven days, if you are selling your home.
·
No longer force you to move your home
from the park based on its age, style, or original building materials.
·
Provide a 24-hour written notice to
enter your space, except in an emergency.
·
Maintain a hazard tree that was not
planted by the current tenant.
·
Take bi-yearly training on
Landlord/Tenant Statutes.
·
Not
bill tenants more for utilities or service than the actual charge from the
provider.
·
Compete fairly, not unfairly, with
residents selling their homes.
We
are stronger together than we are alone.
First,
be an active member of MH/OSTA.
Then,
volunteer your talents and abilities so we can be more effective.
Be
a good neighbor!
Part IV
When
the Landlord Changes the Rules…
…He
must notify every tenant with a written notice similar to the following:
NOTICE
OF PROPOSED RULE OR REGULATION CHANGE
The
landlord intends to change a rule or regulation in this facility.
The
change will go into effect unless tenants of at least 51 percent of the
eligible spaces object in writing within 30 days. Any objection must be signed
and dated by a tenant of an eligible space.
The
number of eligible spaces as of the date of this notice is: _____. Those
eligible spaces are (space or street identification):
___________________________.
The
last day for a tenant of an eligible space to deliver a written objection to
the landlord is _________ (landlord fill in date).
Unless
tenants in at least 51 percent of the eligible spaces object, the proposed rule
or regulation will go into effect on _________.
The
new rules become effective for all tenants of those spaces on a date not less
than 60 days after the date that the notice was served by the landlord.
To
Object to the Rule Change…
One tenant of record per eligible space
may object to the rule or regulation change through either:
(a) A signed and dated written communication to the landlord; or
(b) A petition format that is signed and dated by tenants of eligible spaces and
that includes a copy of the proposed rule or regulation and a copy of the
notice.
A sample petition follows:
To: The Management of
_____________________Manufactured Home Park
Re: Proposed Change(s) to Rules and Regulations
(Copy of proposed rule or regulation change and copy of landlord’s notice
attached).
The
undersigned reject the proposed change(s) and request that a committee of no
more than ______ residents meet with management to discuss these proposed
changes and consider alternatives :
Name Space
No. Dated
1.
2.
3.
4.
Etc.
to 51% of eligible spaces.
The parties may attempt to resolve disagreements regarding the proposed rule or
regulation change by using the facility’s informal dispute resolution process.
(See
ORS.90.610 to read the statute in full).
The Manufactured Community Resource Center Offers
Mediation Services
There are over 1,000 manufactured home
parks in Oregon, both senior parks (55+) and family parks. In 2010, 2,154 people, most of them residents in
parks, called the Manufactured Communities Resource Center (MCRC) for help, and
staff went to 22 park meetings. MCRC offers mediation services about problems
between residents but more often about landlord/tenant conflicts. Satisfaction is
high among those who used the free mediation services, and everyone who ever completed
an evaluation said they would use it again.
The top concerns are park registrations,
rental agreements and park rules, landlord training, evictions, park
maintenance, harassment, dispute resolution, sale of a home,
water/sewer/garbage, and complaints about a landlord. These are the same concerns OSTA hears when
you contact us. It’s good to have two knowledgeable
places manufactured homeowners can go for advice, and we work together to help
solve problems. MCRC can be contacted by calling 1-800-453-5511 or by accessing
the website: www.ohcs.oregon.gov.
Part V
By-Laws
From MH/OSTA ByLaws
Guidelines
for State MH/OSTA Chapters
Article
12.3 Supporting the Mission. A chapter shall operate in such a way as to
support the charitable and educational purpose of the Corporation, and in
compliance with the Articles of Incorporation and the operational limits of an
organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue
Code.
Article
12.4 Prohibitions. A Chapter may not engage in activities in
violation of the charitable and educational purposes of the Corporation, the
statute governing the Corporation, or Section 501(c)3 of the Internal Revenue
Code. In addition, the following limitations shall apply to the activities of
Chapters:
12.4.1
No substantial part of the activities of the Chapter shall be
attempting to influence federal, state or local legislation.
12.4.2
No Chapter shall participate in, or intervene in (including the
publishing or distribution of statements) any political campaign on behalf of
or in opposition to any candidate for public office.
12.4.3
No Chapter shall engage in solicitations for tax-deductible
charitable donations. This activity shall be reserved to the Corporation.
Sample
Chapter By-Laws
+
CHAPTER
BY-LAWS
MANUFACTURED
HOUSING/ OREGON STATE TENANTS ASSOCIATION
ARTICLE
1—ORGANIZATION
Sec. 1
The name of this organization will be: _______________________
(park
name and chapter number)
of the Manufactured Housing/
Oregon/Oregon State Tenants
Association (MH/OSTA).
ARTICLE II—PURPOSE
Sec. 1
The purpose of this chapter of MHOO/OSTA is to advance the interests and
protect the investments of the
residents of this park, to engage in any
activity the membership of this chapter
deems necessary under the
guidelines set forth by the state
organization, and to represent the members
of this chapter at State and District
meetings.
ARTICLE III—MEETINGS
Sec. 1
Business meetings will be held quarterly at times announced by the
board.
They will be held in the
Community Center for all members in good
standing.
(Non-members can be invited if
desired.)
Sec. 2
All members must be notified of meetings and those members attending
shall constitute a quorum. At least two members of the executive
board
must be present to carry out the
business of the chapter. To add board
members or make changes to these
bylaws, all members must be notified
and 2/3 of the members
attending must approve the changes.
Sec. 3
Special meetings may be called by any executive officer or by one third
of
the
members if there is business that cannot wait until the next business
meeting.
Written notice must be posted at
least two days in advance and there must
be two officers present.
ARTICLE IV—DUTIES OF OFFICERS
The
executive committee shall consist of the president, vice-president, and
secretary/treasurer. The term of office shall be for two years. Officers may be
re-elected.
Duties
of the President: Arrange meetings of the chapter and conduct business
according to the requirements of the state and chapter bylaws. Appoint
committees as needed.
Duties
of the Vice-president: Assist the president and conduct meetings in the absences
of the president. Chair the nominating committee and membership committees.
Duties
of the Secretary/Treasurer: Record the minutes of each meeting and preserve
minutes and correspondence. Collect, bank and dispense chapter monies. Keep
accurate reports of the business of the chapter.
[Note: These bylaws are a sample only.]
Guidelines to Conducting Your OSTA Meeting
Follow
Parliamentary Procedure, the set of rules for conduct at meetings that allows
everyone to be heard and to make decisions without confusion. Robert's
Rules of Order is the basic handbook of operation for most organizations,
including MH/OSTA.
The
order of business usually includes:
1. Call to order.
2. Roll call of
members present.
3. Reading of
minutes of last meeting.
4. Officers’
reports, including treasurer’s report.
5. Committee
reports.
6. Special orders
--- Important business previously designated for consideration at this meeting.
7. Unfinished
business.
8. New business.
9. Announcements.
10.
Adjournment.
Members express themselves by making motions. A
motion is a proposal on an issue on which the entire membership takes action or
a stand. Individual members can:
1. Call to order
2. Second motions
3. Debate motions
4. Vote on motions.
There
are four Basic Types of Motions but seldom will you be concerned with anything
other than a Main Motion. The purpose of a main motion is to introduce items to
the membership for their consideration.
1. Obtaining the
floor
a. Wait until the
last speaker has finished.
b. Rise and address
the Chair by saying, "Mr. Chairman” (or “Mr. President”) or “Madame.
Chairwoman” (or “Madame. President”). Wait until the Chair recognizes you.
2. Make Your Motion
a. Speak in a clear
and concise manner.
b. Always state a
motion affirmatively. Say, "I move that we ..." rather than, "I
move that we do not ...."
c. Avoid
personalities and stay on your subject.
3. Wait for Someone
to Second Your Motion
4. Another member
will second your motion or the Chair will call for a second.
5. If there is no
second to your motion, it is lost.
6. The Chair States
Your Motion
a. The Chair will
say, "It has been moved and seconded that we ..." Thus placing your
motion before the membership for consideration and action.
b. The membership
then either debates your motion, or may move directly to a vote.
c. Once your motion
is presented to the membership by the chair it becomes "assembly
property" and cannot be changed by you without the consent of the members.
7. Expanding on
Your Motion
a. The time for you
to speak in favor of your motion is at this point in time, rather than at the
time you present it.
b. The mover is
always allowed to speak first.
c. All comments and
debate must be directed to the chair.
d. Keep to the time
limit for speaking that has been established.
e. The mover may
speak again only after other speakers are finished, unless called upon by the
Chair.
8. Putting the
Question to the Membership
a. The Chair asks,
"Are you ready to vote on the question?"
b. If there is no
more discussion, a vote is taken.
The method of vote on
any motion depends on the situation and the by-laws of policy of your
organization. There are five methods used to vote by most organizations, they
are:
1. By Voice -- The
Chair asks those in favor to say, "aye", those opposed to say
"no". Any member may move for an exact count.
2. By Roll Call --
Each member answers "yes" or "no" as his name is called.
This method is used when a record of each person's vote is required.
3. By General
Consent -- When a motion is not likely to be opposed, the Chair says, "if
there is no objection ..." The membership shows agreement by their
silence, however if one member says, "I object," the item must be put
to a vote.
4. By Division --
This is a slight variation of a voice vote. It does not require a count unless
the chair so desires. Members raise their hands or stand.
5. By Ballot --
Members write their vote on a slip of paper; this method is used when secrecy
is desired.
There
are two other motions that are commonly used that relate to voting.
1. Motion to Table
-- This motion is often used in the attempt to "kill" a motion. The
option is always present, however, to "take from the table" for
reconsideration by the membership.
2. Motion to
Postpone Indefinitely -- This is often used as a means of parliamentary
strategy and allows opponents of a motion to test their strength without an
actual vote being taken. Also, debate is once again open on the main motion.
Parliamentary
Procedure is the best way to get things done at your meetings. But, it will
only work if you use it properly.
1. Allow motions that
are in order.
2. Have members
obtain the floor properly.
3. Speak clearly
and concisely.
4. Obey the rules
of debate.
Most
importantly, BE COURTEOUS. [Note:
Chapters may adopt any or all of these suggestions as fit their needs. The
state MH/OSTA organization does not dictate how chapters should run their
meetings, but we do encourage courtesy.]
Part VII
A
GUIDE FOR SUCCESSFUL
COMMITTEE OF SEVEN MEETINGS
1.
Keep
written records. Insist that residents write out and sign their
grievances. You can promise not to divulge identities, of course. You don’t want a later backlash, where
someone says, “That wasn’t me who complained. I never said that.” Insist that your
committee members respect the privacy of those who complain. What
goes on in the committee meetings should stay within the committee. The chair
might provide an overview to the homeowners, but no names should be mentioned.
2.
Prepare
a list of goals based on complaints gathered from residents. Study
the complaints, grouping them as much as possible, and ranking them as to
importance to all residents. Try to word your list in a positive way, that is,
for example, don’t say, “The manager should stop being so nasty.” Better to
say, “We’d like a pleasant relationship between management and residents.”
3.
Negotiate
with management which of the goals on your written list they will consider. The
negotiation will be give and take, involving discussion and no accusations. For
example: one goal might be for the manager and residents to be more pleasant to
each other. If management can agree that pleasant working relationships are
desirable, then the committee and management can discuss together how to make
that possible. Another goal might be to prevent speeding within the park. If management agrees that’s a worthwhile
goal, everyone can discuss ways to prevent speeding.
4.
Prepare a written list of negotiated goals and
suggestions for achieving them for management and committee members to study. If
there have to be personal complaints, they should also be offered in writing so
that they can be clearly understood by everyone in the meeting (the person
being accused needs to have a written copy of the allegation in order to defend
him- or herself).
5.
Expect
management to respond in writing to the prepared list of goals within 60 days.
If the response does not address issues to the committee’s satisfaction,
contact OSTA and the State of Oregon’s Manufactured Communities Resource Center
for mediation services.
Part VIII
Oregon Revised Statutes Govern Our Lives; District
Directors Can Help You Understand Them
If you have a computer,
you can download a copy of ORS Chapter 90 either directly from your Internet
browser or from the Manufactured Housing-OSTA web site, or the blog. Several
years ago, Oregon Housing and Community Services stopped providing free copies
of Title 10, Chapter 90, the landlord/tenant laws that govern our lives in
manufactured home parks, due to budget limitations.
It is the job of
MH/OSTA’s District Directors to help you.
If they don’t have an immediate answer, they will research your
questions. MH/OSTA’s aim is to provide information and referral and help you
understand your choices about what you can do. Directors may suggest mediation,
calling OHCS, discussing a problem through your Committee of Seven, consulting
an attorney, and, in threatening situations, contacting the police. They will
help you form a grievance committee and a MH/OSTA chapter.
The
OSTA Review has been running a series of pull-out
pages that quote and discuss sections of the statutes. These are designed for
chapters to study in groups. If you haven’t saved your paper copies, printable
back issues of The OSTA Review are
available on the MH-OSTA web site and on blogging
with MH-OSTA
You will also find useful information
including a link to Oregon Revised Statutes Chapter 90—the laws that govern our
lives in manufactured home parks—by going to www.mh-osta. Information on current happenings and how to
contact officers and directors can be found in any edition of The OSTA Review and at blogging with
mh-osta.
Thank You for Being a Good Neighbor!
