What Oregon Law Says About Rules and Rule Changes in Manufactured Home Parks and Floating Home Marinas

Rules in manufactured home parks and floating home marinas can have a major impact on daily life for tenants. Questions often arise when management introduces new rules, changes existing rules, or increases enforcement within a community.

One tenant recently wrote in after management announced new exterior paint approval requirements for homes in the community. The tenant wanted to know whether management could create new approval requirements through email announcements even though those restrictions were not included in the tenant’s lease or existing park rules.

Rules Must Be Part of the Rental Agreement or Existing Rules

In manufactured home parks and floating home marinas, landlords may only enforce rules that comply with Oregon law.

In many cases, restrictions related to the exterior appearance of a home, landscaping, structures, parking, or similar issues must already exist within the tenant’s rental agreement or the community rules provided to the tenant.

If a restriction does not exist in the rental agreement or park rules, a landlord generally cannot create new enforceable obligations simply by sending emails, notices, or announcements to tenants.

This becomes especially important when management attempts to add new layers of requirements that were never previously agreed upon by residents.

Limitations on Rules – Oregon Law Establishes Standards for Enforceable Rules

Oregon law specifically addresses what makes a park or marina rule enforceable.

Under ORS 90.510(6), a rule is enforceable only if it meets specific legal standards, including requirements that the rule:

• Promotes the convenience, safety, or welfare of tenants
• Preserves the landlord’s property from abusive use
• Creates a fair distribution of services or facilities
• Is reasonably related to its stated purpose
• Is reasonably applied
• Clearly informs tenants what is or is not allowed

Residents who want to review the full statute can read ORS 90.510 here: ORS 90.510

Vague or Expanding Rules Can Create Problems – and are Prohibited by Law

Questions often arise when management attempts to expand rules beyond what was originally written.

For example, a written rule requiring that paint be maintained so siding is not exposed may be very different from later demands requiring tenants to use only certain “approved” paint colors if those color restrictions were never included in the original rules.

Similarly, a rule stating that homes must be “well maintained” does not automatically authorize management to impose entirely new aesthetic standards that were never part of the original agreement.

ORS 90.510(6)(b) requires that written and agreed-upon rules be “sufficiently explicit” so tenants can clearly understand what conduct is required or prohibited.

Proposed Rule Changes Should Be Taken Seriously – Vote To Reject Proposed New Rules

Under Oregon law, landlords may propose new park or marina rules through a formal process outlined in ORS 90.610.

Residents who want to better understand that process can review the statute here: ORS 90.610

OSTA’s position is that tenants should take proposed rule changes extremely seriously because every new rule creates an additional legal pathway that a landlord may later use against tenants in enforcement actions, terminations, or evictions.

Even rules that initially sound reasonable or harmless may later be interpreted, expanded, or selectively enforced in ways tenants did not anticipate. Park and marina tenants already operate under extensive landlord control, and many residents do not wish to create additional opportunities for management to pursue violations against themselves or their neighbors.

Another important issue tenants should understand is that proposed rule changes are typically voted on as a complete package. In many situations, tenants are not given the option to approve some reasonable-sounding proposed rules while rejecting others. Instead, tenants are not allowed to pick and choose which rules to accept and which to rules reject. The entire set of proposed changes is voted on as one bundle.

Residents should also carefully review how voting procedures operate under ORS 90.610. Under the language of the statute, choosing not to participate in the vote is not treated as a “no” vote or a neutral abstention. Rather, failing to vote becomes a YES vote on the adoption of the proposed rules.

For this reason, many tenant advocates encourage residents to carefully review all proposed rule changes, understand the legal implications, and actively participate in the voting process.

It is important to understand that laws change. This information is not intended to be legal advice and it is not intended to replace the work of an attorney.

Does an Oregon Manufactured Home Park or Floating Home Marina Tenant Association Need “Official Recognition”?

A landlord’s refusal to “recognize” a tenant association does not determine whether the group is legitimate under Oregon law.

Throughout Oregon, residents of manufactured home parks and marinas often organize together to share information, discuss concerns, and advocate for their communities. In some cases, management may claim that a tenant association is not “official” or is not recognized by ownership or management.

However, tenant associations do not require approval from a landlord, park manager, state agency, or advocacy organization in order to exist.

Oregon Law Protects Tenant Organizing

Oregon law protects the rights of tenants to organize and participate in tenant groups. The legitimacy of a tenant association comes from the law itself — not from whether management agrees with the group or acknowledges it.

There is also no state registration process for tenant associations in Oregon. Residents do not need permission from the state to organize with neighbors around shared concerns.

Tenant associations may take many forms, including:

• Informal resident groups
• Elected tenant boards
• Community advocacy groups
• Neighborhood communication networks
• Chapters affiliated with advocacy organizations

Whether formal or informal, residents may still organize together to communicate and advocate for issues affecting their communities.

Tenant Associations Often Form Around Community Concerns

Tenant associations commonly become active when residents are dealing with issues such as:

• Rule changes
• Rent increases
• Maintenance concerns
• Infrastructure problems
• Communication disputes
• Enforcement practices
• Marina or park management conflicts

For many communities, tenant associations provide an important way for residents to stay informed and work together constructively.

Organizing Does Not Depend on Landlord Approval

Some residents mistakenly believe their association has no standing unless management formally acknowledges it. But landlord recognition is not what creates a tenant association’s existence or rights. The law does.

Residents may still meet, communicate, distribute information, and advocate together even when management disagrees with the organization or refuses to engage with it.

Oregon law protects the rights of tenants to organize and participate in tenant groups. Residents who want to better understand these protections can review ORS 90.750, which addresses tenant organizations and related rights under Oregon law.

You can read the statute here:  ORS 90.750

Mandatory Mediation Laws Require Landlords to Meet With Tenant Groups

In 2019, Oregon enacted laws establishing mandatory mediation rights for manufactured home park and marina tenants.

Under ORS 90.767, a landlord may be required to participate in mediation when requested by a tenant or a group of tenants, provided the process is not being used to harass the other party. These laws created a formal process for addressing disputes and concerns between landlords and residents.

Residents who wish to better understand these rights can review ORS 90.767.

You can read the statute here: ORS 90.767

You can initiate Mandatory Mediation and through the Manufactured and Marina Communities Resource Center (MMCRC).

ORS 90.767(10)(b) addresses remedies that may apply when a party fails to participate in required mediation .

It is important to understand that laws change. This information is not intended to be legal advice and it is not intended to replace the work of an attorney.