LANE DISTRICT MEETING MARCH 29

                 Lane District MH/OSTA Meeting

10 a.m.—noon

Saturday, March 29 

Gainsborough MHP, Eugene

Topics include:

Emergency Preparedness

Opportunity to Purchase

Hazard Trees

Chapter Reports/Activities 

 Gainsborough is located at 2555 Lansdown Rd. in Eugene. Take the Northwest Expressway north to Irving Rd. and turn right. Please inform others in your park. Feel free to contact me or Ron Meyers with questions.

                                                                                                                              --Jane Capron

House Okays Amendments

Yesterday, March 5,  the House approved the amended Opportunity to Purchase Bill and it will now be on its way to the Governor for his signature. Special thanks go to all who worked so hard for this chance for us to buy our parks, especially John Van Landingham and Representatives Nancy Nathanson and Gene Whisnant, who refused to give up on the defeat we had suffered trying to pass a similar bill in the 2013 session. Thanks also to all of you who contacted your Senators urging and thanking them for supporting you.

A summary of the amendments follows as provided by John Van Landingham with his comments in italics:

The 4038 A8 amendments are agreed to by all the interested parties. Note that LC has done a "gut and stuff" of Sections 1 and 2 of the bill to implement these amendments, because of the many small changes implementing the tenant-committee change discussed in #2 below:

1.      Inclusion of LLC's in the exemptions from the process (Section 4)

·        Add a new (e) to the list of exemptions in Section 4 of the bill on page 4, lines 1-15:   "Any sale or transfer of an interest in a limited liability company to any of the limited liability company’s members."

·        Note: This change is simply to exempt a transfer/sale within an LLC, from one LLC member to another, as we already provide for with partnerships and corporations.\

2.      Establishment & identification of a single tenants committee (Section 1 (4)  and Section 2 (1)

·        Provide that in order for the tenants to have an opportunity to compete to purchase the park, during the first 10-day period after the owner’s notice of interest in selling, the tenants must “form a tenants committee” if none already exists, for the purpose of purchasing the park, and that there can be only one (1) tenants committee eligible to participate in the process and request financial information. This change is made in Section (1) (4) regarding the owner’s notice to the tenants and in Section 2 (1) regarding the tenants’ duties during the initial 10-day period.

·        Note: Practically speaking, that’s the way this would have to work anyway, in order for tenants to be able to seek funding and engage in negotiations with an owner.  And our experience is that there are not more than one of these efforts among the tenants anyway. Committees are not defined, and are informal groups of people; a “tenant committee” could be two tenants who are interested in exploring the possibility of purchasing the park. This change minimizes the risk to owners of multiple contacts and requests from multiple tenants. The A8 amendments make other related changes to the bill to implement this second change.

3.         Removal of the emergency clause. The new effective date will be January 1, 2015. (Section 20)

"Opportunity to Pass" Passes Senate!

The Senate voted 30-0 to pass the amended HB 4038 and the bill, now HB4038-B, is today (March 5) on the House Desk awaiting a third reading in that chamber. Part of the staff summary prepared for the Senate Committee on Rules for their meeting Feb. 27, follows:

WHAT THE MEASURE DOES: Requires manufactured dwelling park owner give written notice as specified in measure, to park tenants and Oregon Housing and Community Services (OHCS), of owner’s interest in selling park prior to marketing or considering offers. Requires tenants respond in writing as specified, within ten days if interested in competing to purchase park. Requires establishment and identification of "tenants committee" for purpose of requesting financial information and negotiating purchase. Requires owner to disclose specified information within seven days of request. Specifies process for maintaining confidentiality of information. Requires commercially reasonable conduct of parties. Specifies remedies available to parties for noncompliance. Does not apply to other transfers of ownership of park. Permits other parties to rely on park owner’s recordation of affidavit of compliance with measure’s notice requirements. Requires OHCS make specified information available to park tenants. Clarifies statutes governing sales of marinas to purchase associations.

EFFECT OF COMMITTEE AMENDMENT: Includes transfer or sale of park within LLC in exemptions. Requires establishment and identification of tenants committee, if none already exists, for purpose of purchasing park and requesting financial information. Removes emergency clause.

HB 4038 History through Feb. 28

Those of you who get the OSTA Quarterly Review via email already know to look here for updates on the Opportunity to Purchase HB 4038. Hopefully, before the Legislature adjourns, which is supposed to be March 5,there'll be time for a vote on the amended bill in the Senate and approval of the amendments by the House. We'll print the amendments if the Legislature passes the bill and sends it on to the Governor.

Measure activity House Senate

• Feb 3, 2014: First reading. Referred to Speaker's desk.
• Feb 3, 2014: Referred to Human Services and Housing.
• Feb 3, 2014: Public Hearing held.
• Feb 5, 2014: Public Hearing and Work Session held.
• Feb 10, 2014: Recommendation: Do pass with amendments and be printed A-Engrossed.
• Feb 10, 2014: Second reading.
• Feb 11, 2014: Third reading. Carried by Nathanson, Whisnant. Passed.
• Feb 12, 2014: First reading. Referred to President's desk.
• Feb 13, 2014: Referred to General Government, Consumer and Small Business Protection.
• Feb 17, 2014: Public Hearing and Work Session held.
• Feb 19, 2014: Recommendation: Do pass the A-Eng bill.
• Feb 19, 2014: Minority Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng Minority)
• Feb 20, 2014: Second reading.
• Feb 21, 2014: Taken from 02-21 Calendar and placed on 02-24 Calendar on voice vote.
• Feb 24, 2014: Taken from 02-24 Calendar and placed on 02-25 Calendar on voice vote.
• Feb 25, 2014: Motion to refer to Rules carried.
• Feb 27, 2014: Work Session held.
• Feb 28, 2014: Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

WRITE YOUR SENATOR! HB 4038A Needs Your Immediate Support

Dear OSTA Members: There’s still time to contact the following Senators to urge them to vote FOR or YES on HB4038A. Senator Hass has already indicated he’s with us! We should have the chance to offer to buy our parks should they be offered for sale. We live in the parks, we care what happens to them, we want to age in place and be secure. The vote is Thursday, Feb. 20. Please help us help you!

                                                                                                   --Jane Capron, OSTA board member

 2) Senator Richard Devlin: Lake Oswego, SW Portland, Tualatin and West Linn -- contact information here:https://www.oregonlegislature.gov/devlin

3) Senator Ginny Burdick: Tigard and portions of Northwest and Southwest Portland -- contact information here:https://www.oregonlegislature.gov/burdick

4) Senator Michael Dembrow: NE Portland, Maywood Park and Parkrose -- contact information here: https://www.oregonlegislature.gov/dembrow

5) Senator Peter Courtney: Woodburn, Gervais, and part of Salem -- contact information here: https://www.oregonlegislature.gov/courtney

6) Senator Alan Bates: Medford, Ashland, Talent, and Phoenix -- contact information here: https://www.oregonlegislature.gov/bates/Pages/map.aspx

 

House strengthens voice of residents during sale of manufactured home parks

Bipartisan effort leads to compromise on Opportunity to Purchase legislation

SALEM – On February 11, 2014, the Oregon House of Representatives passed legislation to help Oregonians living in manufactured homes find out if their park is for sale, and to allow a short time for residents to put together an offer to buy the park.

 House Bill 4038 is the result of a bipartisan effort led by Representatives Nancy Nathanson (D – Eugene) and Gene Whisnant (R – Sunriver). Following committee discussions of House Bill 3007 in the 2013 session, the legislators brought together people representing tenants or park residents and representatives of landlords or park owners to develop a compromise.

 “We have improved the law so it’s easier for park owners and easier for residents,” Rep. Nathanson said. “I’m proud that we finally arrived at a compromise that can help people keep the homes they already own, in the neighborhoods where they live.  We’ve crafted a simpler process that meets standard business practices, easier for everyone to work with.”

Oregon has more than 1,100 manufactured home parks throughout the state, providing more than 63,000 residential spaces for affordable housing.

“Affordable housing is a critical issue for working families,” Rep. Whisnant said. “This bill addresses concerns of park owners and park tenants so this housing option is maintained for many of our citizens.”

HB 4038 passed the House unanimously and now moves to the Senate for consideration.

# # #

Calling All  Manufactured Home Owner Activists, Letter Writers, and Residents Tired of Constant Rent Increases

 

Are you interested in working on National Manufactured Home Owners of America's REIT/Retirement Security Campaign?   

NMHOA has been partnering with the Center for Community Change (CCC) for the past two years. The initial focus of the work was the intersection between seniors residing in communities owned by Equity Lifestyle Properties, Inc. (ELS) and the ever-increasing rents that seniors on fixed retirement security incomes were required to pay.  Over time the Campaign has evolved to target other Real Estate Investment Trusts (REITs) who are treating home owners unfairly and especially seniors who social security is being threatened at the same time as their rents are being increased above the cost of living.  NMHOA and CCC are planning our next action and if you would like to be involved (whether or not you live in a REIT-owned community), please contact Pam Bournival (pamb13@yahoo.com) for more information.  Also check out www.mhaction.org for up-to-date information on the Campaign.

 (This information comes from Rita Loberger, our representative to NMHOA, and might be a project for your OSTA chapters.)