Floating Homes & Mobile Home Parks

Published on Mar 11, 2019

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PRESENTATION OUTLINE

Floating Homes & Moorages

Photo by Ben Wicks

Who Owns What?

Why Does it Matter?

Manufacture Dwellings

  • ORS 446
  • Minimum safety standards
  • Regulates sales

Floating Homes

  • ORS 830
  • Governs all watercraft
  • Establishes Marine Board
  • Creates safety standards
Photo by Fineas Anton

Landlord Tenant Issues

  • Applicability
  • Eviction Process
  • Landlord Duties
  • Tenant Obligations
Photo by Jose Alonso

Fair Housing

  • Prohibits discrimination based on protected classes
  • Intent does not matter
  • Applies to most residential communities
Photo by parker yo!

Operating the Community

  • Governing Documents
  • Who enforces the rules?
  • Enforcement

Abandoned Property

  • Notice Requirements
  • Timing
  • Lien priority and rights
Photo by Luigi_Alesi

Examples

  • Class Harbor v. Rosekrans
  • Country Hills Estates
  • JBMI v. Roy
Photo by Claudio.Ar

Selling Floating Homes

  • LL may not deny T right to sell
  • T has right to place "For Sale" sign
  • LL may not make false statements

Buying Floating Homes

  • LL approval
  • Inspection
  • Licensed vessel
  • Relocation/Disposal costs
  • County taxes
Photo by Divya Agrawal

Distinctions

  • Transfer via Bill of Sale, not recorded Deed
  • Lender Requirements
  • Ownership Interests
  • Taxation
Photo by Jonas Denil

Ownership - LL/T

  • LL owns upland parcel and facilities
  • T leases slip
  • Subject to LL/T laws
Photo by Thanos Pal

Ownership - Association

  • Association owns upland property and facilities
  • Occupants are "members" not tenants
  • Governed by Bylaws, Rules & Regulations
  • Members sell membership certificates