72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 3245
 
LC 1896/HB 3245-A6
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3245
 
               By COMMITTEE ON WATER AND LAND USE
 
                             June 5
 
  On page 1 of the printed A-engrossed bill, line 2, after '
92.835' insert ', 92.840'.
  In line 7, after the comma delete the rest of the line and
lines 8 through 10 and insert 'city or county comprehensive plans
and land use regulations that applied at the time the
manufactured dwelling park or mobile home park was approved
continue to apply to park land that is converted to a subdivision
pursuant to ORS 92.830 to 92.845 until the earlier of:
  ' (a) The sale of all of the newly created lots in accordance
with ORS 92.840 and the issuance of permits to allow the
placement of a manufactured dwelling on each of those lots; or
  ' (b) Ten years after conversion of the manufactured dwelling
park or mobile home park to a subdivision.'.
  In line 18, delete 'as defined' and insert 'described ' and
after '223.299' insert '(1)(a)(A) to (C)'.
  After line 18, insert:
  ' (3) Notwithstanding subsection (2)(b) of this section, a
waiver of the right of remonstrance may not be required of the
owner of a lot in a manufactured dwelling park or mobile home
park if the park was served for water, sewer and irrigation by a
private utility company prior to an acquisition of that company
by municipal condemnation commenced prior to January 1, 2003.'.
  On page 3, line 34, after the semicolon insert 'and'.
  In line 38, after 'park' insert a period and delete the rest of
the line and lines 39 through 44.
  On page 4, line 4, delete 'established' and insert ' approved'.
  In line 11, after '(b)' insert 'Except as provided in this
paragraph,'.
  In line 14, after 'increasing' insert 'or decreasing'.
  In line 15, after 'requirements' insert '. The tentative plan
may provide for a reduction in the number of lots, if the
reduction involves only lots that have never been used for
placement of manufactured dwellings'.
  In line 27, after the period insert 'However, a waiver of the
right of remonstrance may not be required of the owner of a lot
in a manufactured dwelling park or mobile home park if the park
was served for water, sewer and irrigation by a private utility
company prior to an acquisition of that company by municipal
condemnation commenced prior to January 1, 2003.'.
  After line 32, insert:
  '  { +  SECTION 8. + } ORS 92.840 is amended to read:
  ' 92.840. (1) Notwithstanding the provisions of ORS 92.016 (1),
prior to the approval of a tentative plan, the declarant may
negotiate to sell a lot in a manufactured dwelling park or a
mobile home park for which approval is required under ORS 92.830
to 92.845.
  ' (2) Prior to the sale of a lot in a park, 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) The declarant may not sell the lot to a person other than
the tenant for 60 days after termination of the offer required
under subsection (2) of this section 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 park has been submitted for subdivision under
ORS 92.830 to 92.845 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 any sale of a lot in a subdivision created
in 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. 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. + }
  '  { - (5) - }  { +  (6) + } The declarant may not begin
improvements or rehabilitation to the lot during the period
described in ORS 90.630 (5) without the permission of the tenant.
  '  { - (6) - }  { +  (7) + } The declarant may begin
improvements or rehabilitation to the common property as defined
in the declaration during the period described in ORS 90.630 (5).
  '  { - (7) - }  { +  (8) + } Nothing in this section prevents
the declarant from terminating a tenancy in the park in
compliance with ORS 90.630, 90.632 and 90.635. 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 90.400, 90.630 (1) or (12) or 90.632.'.
  In line 33, delete '8' and insert '9'.
  On page 5, line 3, delete '9' and insert '10'.
  In line 4, delete '10' and insert '11'.
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