Notice of proposed change in rule or regulation
- tenant objection to change
(1)As used in this section, “eligible space” means each space in the facility as long as:
(a)The space is rented to a tenant and the tenancy is subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility); and
(b)The tenant who occupies the space has not:
(A)Previously agreed to a rental agreement that includes the proposed rule or regulation change; or
(B)Become subject to the proposed rule or regulation change as a result of a change in rules or regulations previously adopted in a manner consistent with this section.
(2)The landlord may propose changes in rules or regulations, including changes that make a substantial modification of the landlord’s bargain with a tenant, by giving written notice of the proposed rule or regulation change, and unless tenants of at least 51 percent of the eligible spaces in the facility object in writing within 30 days of the date the notice was served, the change shall become effective for all tenants of those spaces on a date not less than 60 days after the date that the notice was served by the landlord.
(3)One tenant of record per eligible space may object to the rule or regulation change through either:
(a)A signed and dated written communication to the landlord; or
(b)A petition format that is signed and dated by tenants of eligible spaces and that includes a copy of the proposed rule or regulation and a copy of the notice.
(4)If a tenant of an eligible space signs both a written communication to the landlord and a petition under subsection (3) of this section, or signs more than one written communication or petition, only the latest signature of the tenant may be counted.
(5)Notwithstanding subsection (3) of this section, a proxy may be used only if a tenant has a disability that prevents the tenant from objecting to the rule or regulation change in writing.
(6)The landlord’s notice of a proposed change in rules or regulations required by subsection (2) of this section must be given or served as provided in ORS 90.155 (Service or delivery of written notice) and must include:
(a)Language of the existing rule or regulation and the language that would be added or deleted by the proposed rule or regulation change; and
(b)A statement substantially in the following form, with all blank spaces in the notice to be filled in by the landlord:
(7)A good faith mistake by the landlord in completing those portions of the notice relating to the number of eligible spaces that have tenants entitled to vote or relating to space or street identification numbers does not invalidate the notice or the proposed rule or regulation change.
(8)After the effective date of the rule or regulation change, when a tenant continues to engage in an activity affected by the new rule or regulation to which the landlord objects, the landlord may give the tenant a notice of termination of the tenancy pursuant to ORS 90.630 (Termination by landlord). [1991 c.844 §10; 1993 c.580 §1; 1995 c.559 §36; 2001 c.596 §36a; 2019 c.625 §13]
Section 90.610 — Notice of proposed change in rule or regulation; tenant objection to change,