2015 ORS 92.840¹
Sale of subdivision lots
  • offer to sell lot to tenant
  • improvement or rehabilitation of park proposed for subdivision
  • continuation of tenancy on lot in subdivision

(1) Notwithstanding the provisions of ORS 92.016 (Sale or negotiation to sell lot or parcel prior to approval of tentative plan) (1), prior to the approval of a tentative plan, the declarant may negotiate to sell a lot for which approval is required under ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes).

(2) Prior to the sale of a lot, the declarant shall offer to sell the lot to the tenant who occupies the lot. The offer required under this subsection:

(a) Terminates 60 days after receipt of the offer by the tenant or upon written rejection of the offer, whichever occurs first; and

(b) Does not constitute a notice of termination of the tenancy.

(3) For 60 days after termination of the offer required under subsection (2) of this section, the declarant may not sell the lot to a person other than the tenant at a price or on terms that are more favorable to the purchaser than the price or terms that were offered to the tenant.

(4) After the manufactured dwelling park or mobile home park has been submitted for subdivision under ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) and until a lot is offered for sale in accordance with subsection (2) of this section, the declarant shall notify a prospective tenant, in writing, prior to the commencement of the tenancy, that the park has been submitted for subdivision and that the tenant is entitled to receive an offer to purchase the lot under subsection (2) of this section.

(5) Prior to the sale of a lot in a subdivision created by conversion of the park, the declarant must provide the tenant or other potential purchaser of the lot with information about the homeowners association formed by the declarant as required by ORS 94.625 (Formation of homeowners association). The information must, at a minimum, include the association name and type and any rights set forth in the declaration required by ORS 94.580 (Declaration).

(6) The declarant may not begin improvements or rehabilitation to the lot during the period described in the landlord’s notice of termination under ORS 90.645 (Closure of manufactured dwelling park) without the permission of the tenant.

(7) The declarant may begin improvements or rehabilitation to the common property as defined in the declaration during the period described in the landlord’s notice of termination under ORS 90.645 (Closure of manufactured dwelling park).

(8) If the tenant does not buy the lot occupied by the tenant’s manufactured dwelling or mobile home, the declarant and the tenant may continue the tenancy on the lot after approval of the tentative plan. The rights and responsibilities of tenants who continue their tenancy on the lot in the planned community subdivision of manufactured dwellings are set out in ORS 90.643 (Conversion of manufactured dwelling park to planned community subdivision of manufactured dwellings).

(9) After approval of the tentative plan and the period provided by subsection (2)(a) of this section, the declarant shall promptly:

(a) Notify the Office of Manufactured Dwelling Park Community Relations of the Housing and Community Services Department of the approval.

(b) Provide the office with a street address for each lot in the planned community subdivision of manufactured dwellings that remains available for rental use.

(10) Nothing in this section prevents the declarant from terminating a tenancy in the park in compliance with ORS 90.630 (Termination by landlord), 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) and 90.645 (Closure of manufactured dwelling park). However, the declarant shall make the offer required under subsection (2) of this section to a tenant whose tenancy is terminated after approval of the tentative plan unless the termination is for cause under ORS 90.392 (Termination of rental agreement by landlord for cause), 90.394 (Termination of rental agreement for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.630 (Termination by landlord) (1) or (8) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home). [2001 c.711 §4; 2003 c.474 §8; 2005 c.391 §27; 2007 c.906 §8; 2011 c.503 §13]

Note: See note under 92.830 (Definitions for ORS 92.830 to 92.845).

Chapter 92

Atty. Gen. Opinions

Standards county may impose for approval of private roads created in parti­tioning land, (1972) Vol 35, p 1230; effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702; applica­tion of Fasano v. Bd. of County Commrs., decision, (1974) Vol 36, p 960

Law Review Cita­tions

10 WLJ 394-403 (1974)


1 Legislative Counsel Committee, CHAPTER 92—Subdivisions and Partitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 92, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.