75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 682
 
                           A-Engrossed
 
                         House Bill 2383
                  Ordered by the House April 29
            Including House Amendments dated April 29
 
Sponsored by Representative NATHANSON (Presession filed.)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Gives tenants' association, facility purchase association or
tenants' association supported nonprofit organization 14-day
right of first refusal for offer or agreement by owner to sell
manufactured dwelling park or marina.
   { +  Takes effect January 1, 2012. + }
 
                        A BILL FOR AN ACT
Relating to facility sales; creating new provisions; amending ORS
  90.820; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 90.820 is amended to read:
  90.820. (1) Within 14 days of delivery by or on behalf of the
facility owner of the notice required by ORS 90.760 (2) or
90.810, a tenants' association or facility purchase association
may notify the owner of the facility in which the tenants reside
by certified mail or personal service at the address disclosed to
the tenants under ORS 90.305 (1)(a) that the association, or a
tenants' association supported nonprofit organization, is
interested in purchasing the facility.
  (2) Upon delivery of the notice required by subsection (1) of
this section, the  { + facility + } owner shall negotiate in good
faith with the association or organization and provide the
association or organization an opportunity to purchase the
facility as the owner would any bona fide third party potential
purchaser. { +  During the 14-day period following the delivery
of a notice to the facility owner under subsection (1) of this
section, the tenants' association, facility purchase association
or tenants' association supported nonprofit organization has a
right of first refusal for any offer or agreement by the facility
owner to sell the facility. + }
  (3) A facility purchase association or tenants' association
actively involved in negotiations with a facility owner may waive
or reduce the time periods for notice described in this section.
A facility purchase association or tenants' association may
authorize a tenants' association supported nonprofit organization
to waive notice on behalf of the association.
  (4) This section, ORS 90.760 (2) and 90.810 do not apply to:
 
  (a) Any sale or transfer to a person who would be included
within the table of descent and distribution if the facility
owner were to die intestate.
  (b) Any transfer by gift, devise or operation of law.
  (c) Any transfer by a corporation to an affiliate. As used in
this paragraph, 'affiliate' means any shareholder of the
transferring corporation, any corporation or entity owned or
controlled, directly or indirectly, by the transferring
corporation or any other corporation or entity owned or
controlled, directly or indirectly, by any shareholder of the
transferring corporation.
  (d) Any transfer by a partnership to any of its partners.
  (e) Any conveyance of an interest in a facility incidental to
the financing of the facility.
  (f) Any conveyance resulting from the foreclosure of a
mortgage, deed of trust or other instrument encumbering a
facility or any deed given in lieu of a foreclosure.
  (g) Any sale or transfer between or among joint tenants or
tenants in common owning a facility.
  (h) Any exchange of a facility for other real property, whether
or not the exchange also involves the payment of cash or other
boot.
  (i) The purchase of a facility by a governmental entity under
that entity's powers of eminent domain.
  SECTION 2.  { + The amendments to ORS 90.820 by section 1 of
this 2009 Act apply to facilities for which the facility owner
gives a notice required by ORS 90.760 (2) or 90.810 on or after
the effective date of this 2009 Act. + }
  SECTION 3.  { + This 2009 Act takes effect on January 1,
2012. + }
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