Cooperatives

ORS 62.813
Lienholder’s rights

  • rights and obligations on transfer of title
  • storage agreements


(1)

If a lienholder provides a manufactured dwelling park nonprofit cooperative with a written request for notification regarding a manufactured dwelling on which the lienholder has a lien, the cooperative shall provide the lienholder with written notice of a termination of occupancy or membership if:

(a)

A member of the cooperative who is identified in the lienholder request for notification terminates occupancy in the manufactured dwelling park of the cooperative and the cooperative knows of the termination;

(b)

A member of the cooperative who is identified in the lienholder request for notification terminates membership in the cooperative; or

(c)

The cooperative terminates, or gives notice of cause for terminating, the occupancy or membership of a member of the cooperative who is identified in the lienholder request for notification.

(2)

If a member or the cooperative terminates the member’s occupancy in the park or membership in the cooperative, and the member fails to move or sell the manufactured dwelling, a lienholder that has foreclosed on the lien on the manufactured dwelling may:

(a)

Remove the manufactured dwelling from the park after satisfying any obligation to the cooperative;

(b)

Subject to subsection (3) of this section, sell the manufactured dwelling; or

(c)

Require the cooperative to enter into a storage agreement that allows the lienholder to store the manufactured dwelling on the space for up to 12 months if the lienholder pays the space rent and reasonably maintains the manufactured dwelling and space.

(3)

The buyer of a manufactured dwelling sold by a lienholder under subsection (2)(b) of this section takes possession of the manufactured dwelling subject to ORS 62.809 (Requirements for membership in cooperative) (8) and any obligation to the cooperative. During the term of a storage agreement described in subsection (2)(c) of this section, the lienholder may remove or sell the manufactured dwelling as provided in subsection (2)(a) or (b) of this section.

(4)

A lienholder and a cooperative that are subject to a storage agreement under subsection (2)(c) of this section may agree in writing to extend the term of the agreement beyond 12 months.

(5)

If the member of the cooperative terminated occupancy in the park without terminating membership in the cooperative, an application for membership by the buyer or moving of the manufactured dwelling shall act to transfer the membership of the terminating owner to the cooperative. [2009 c.609 §3; 2017 c.198 §7]
Chapter 62

Atty. Gen. Opinions

Homestead as applied to a shareholder-tenant in a cooperative apartment, (1971) Vol 35, p 897


Source

Last accessed
Jun. 26, 2021