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 1428
Senate Bill 511
Sponsored by Senator MORRISETTE (at the request of Oregon
Manufactured Homeowners United)
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 as
introduced.
Allows candidates for public office or officers or
representatives of tenant organization or homeowners association
to canvass in manufactured dwelling or floating home facility.
Punishes violation by maximum fine of $1,000.
A BILL FOR AN ACT
Relating to right to canvass in facility; amending ORS 90.720,
90.750 and 90.755.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.750 is amended to read:
90.750. { + (1) + } No provision contained in any bylaw,
rental agreement, regulation or rule pertaining to a facility
shall:
{ - (1) - } { + (a) + } Infringe upon the right of persons
who rent spaces in a facility to peaceably assemble in an open
public meeting for any lawful purpose, at reasonable times and in
a reasonable manner, in the common areas or recreational areas of
the facility. Reasonable times shall include daily the hours
between 8 a.m. and 10 p.m.
{ - (2) - } { + (b) + } Infringe upon the right of persons
who rent spaces in a facility to communicate or assemble among
themselves, at reasonable times and in a reasonable manner, for
the purpose of discussing any matter, including but not limited
to any matter relating to the facility or manufactured dwelling
or floating home living. The discussions may be held in the
common areas or recreational areas of the facility, including
{ + clubhouses, + } halls or centers, or any resident's dwelling
unit or floating home. The landlord of a facility, however, may
enforce reasonable rules and regulations including but not
limited to place, scheduling, occupancy densities and utilities.
{ - (3) - } { + (c) + } Prohibit any person who rents a
space for a manufactured dwelling or floating home { + , a
candidate for public office or an officer or representative of a
tenant organization or homeowners association + } from canvassing
{ - other - } persons in the
{ - same - } facility for purposes described in this section.
As used in this { - subsection - } { + paragraph + },
'canvassing' includes door-to-door contact, an oral or written
request, the distribution, the circulation, the posting or the
publication of a notice or newsletter or a general announcement
or any other matter relevant to { + the candidate's campaign
or + } the membership of a { - tenants' - } { + tenant
organization or homeowners + } association. { + The landlord of
the facility shall provide public bulletin boards to post any
materials related to canvassing described in this paragraph.
(d) Prohibit any person who rents a space in the facility, an
officer or representative of a tenant organization or homeowners
association or a candidate for public office from soliciting
persons in the facility for membership dues, campaign
contributions or any other purpose.
(e) Require any person who rents a space in the facility to
secure a bond or liability insurance in order to reserve a common
area or recreational area of the facility, including a clubhouse,
hall or center. + }
{ - (4) - } { + (2) Except as provided in subsection (1)(d)
of this section, + } this section is not intended to require a
landlord to permit any person to solicit money { - , except that
a tenants' association member, whether or not a tenant of the
facility, may personally collect delinquent dues owed by an
existing member of a tenants' association - } .
{ - (5) - } { + (3) + } This section is not intended to
require a landlord to permit any person to disregard a tenant's
request not to be canvassed.
{ + (4) Violation of this section is a violation punishable
by a fine not to exceed $1,000. + }
SECTION 2. ORS 90.755 is amended to read:
90.755. (1) No provision in any bylaw, rental agreement,
regulation or rule shall infringe upon the right of a person who
rents a space for a manufactured dwelling or floating home to
invite public officers, candidates for public office or officers
or representatives of a tenant organization { + or homeowners
association + } to appear and speak upon matters of public
interest in the common areas or recreational areas of the
facility at reasonable times and in a reasonable manner in an
open public meeting. The landlord of a facility, however, may
enforce reasonable rules and regulations relating to the time,
place and scheduling of the speakers { - that will protect the
interests of the majority of the homeowners - } .
(2) The landlord shall allow the tenant to place political
signs on or in a manufactured dwelling or floating home { + or
anywhere on the space + } owned by the tenant. The size
{ - , - } { + and + } placement { - and character - } of
such signs shall be subject to the reasonable rules of the
landlord.
{ + (3) Violation of this section is a violation punishable
by a fine not to exceed $1,000. + }
SECTION 3. ORS 90.720 is amended to read:
90.720. { + (1) + } In addition to the tenant's cause of
action under ORS 90.710, any tenant prevented from exercising the
rights in ORS 90.750 or 90.755 may bring an action in the
appropriate court having jurisdiction in the county in which the
alleged infringement occurred, and upon favorable adjudication,
the court shall enjoin the enforcement of any provision contained
in any bylaw, rental agreement, regulation or rule, pertaining to
a facility, { - which - } { + that + } operates to deprive
the tenant of these rights.
{ + (2) The prevailing party may recover its costs and
attorney fees in any action brought under this section. + }
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