SAMPLE STATEMENT OF POLICY

Note! This is a SAMPLE only - TO OBTAIN A VALID COPY of THE LVH STATEMENT OF POLICY Please visit Longview Hills at 450 NE 58th Street, Newport, OREGON

STATEMENT OF POLICY
COMMUNITY
INSTRUCTIONS: (OREGON LAW REQUIREMENTS)
Deliver to prospective lessees before any lease agreement is signed.
Urge the prospective lessees to read this Statement of Policy.
Get a signed and dated receipt from the prospective lessees on the form below on
a duplicate copy of this Statement of Policy.
Keep a signed copy on file for our records and give the applicant a copy.
Fill in lot number and approximate size of lot on the map page of both
copies.
RECEIPT:
Applicant acknowledges receipt of this Statement of Policy and exhibits by Signing below. Applicant further acknowledges receipt of this Statement of Policy and the opportunity to read and understand the same before signing the lease or rental agreements with Community.
This is not a contract and signing below does not obligate you except to Prove that the documents mentioned were delivered to you as required by Oregon Law.
Prospective Lessees:
Date: ____________ ____________________________
Time: ____________ ____________________________
Address: City: State Zip

Equal Housing Opportunity (Logo Goes Here)We Do Business in Accordance With the Federal Fair Housing Law
(The Fair Housing Amendments Act of 1988)


STATEMENT OF POLICY

COMMUNITY

(Revised 08/12/2009)


SPACE NUMBER: _______________________________________

MONTHLY BASE LEASE AMOUNT: ______________________ dollars.

INTRODUCTION:

Community for those persons wanting to live in a manufactured home located in a Park that provides certain advantages.
The Park provides each resident the opportunity to easily pursue their own interests while also allowing them to participate with others if they so desire.
Park respects the privacy of our residents and strives to provide a comfortable living environment with reasonable rules and good neighbor policies for everyone living within its boundaries. Our policy is to answer clearly any questions you may have about the park’s documents, operation, facilities, services or management.

CRITERIA FOR RESIDENCY:

Prior to your purchase of a home, if you should so desire to live in the Park, you must first complete an “Application for Residency”. Oregon Law provides 7 days to review an application and qualify prospective tenants as a resident.

The Park is an equal housing opportunity facility designated by the Fair Housing Act as “Housing for Older Persons” at least one permanent occupant must be 55 or older. Each applicant is screened using the same criteria without preference to race, color, religion, sex, handicap, familial status, national origin or perceived sexual orientation.

Each applicant’s screening process involves the following criteria:

A. Interview: Is there anything about you, your application or the application process that you would like to explain or have clarified before we start the screening process?
B. Identification: Applicants shall provide two pieces of identification; one must contain a current personal photograph of the applicant at the time of application.
C. Housing References: The applicant(s) shall provide information necessary to verify their current and previous housing history over the past 5 years.
D. Credit Worthiness: Credit worthiness may be determined from a credit report, which should reflect prudent payment history. Applicant(s) history should be free of evictions, judgments, collections, bankruptcies; a valid explanation may be considered by the owner/agent if provided by the applicant(s).
E. Limitations: Occupancy may not exceed those stipulated by Local Municipalities, State or Federal Governments. Parking shall be limited to two vehicles per unit and is not allowed at curbside for periods exceeding four (4) hours, (See Rules & Regulations). Pets may or may not be permitted, dependent on the owner/agent. Pets over 35 pounds in weight and of a breed considered as an attack type animal normally will not be accepted. The owner/agent will allow aid animals or modifications to the unit necessary to assist those with disabilities.
F. Arrests and Convictions: Arrests and/or convictions may be evaluated. Any individual whose occupancy could constitute a direct threat to the health or safety of other individuals or could result in physical damage to the premises will be denied.
G. Demeanor and Behavior: The behavior and demeanor of applicants during the application process.
H. Incomplete, Inaccurate, or Falsified Information: Any information that is incomplete, illegible, inaccurate, or falsified may be grounds for rejection or termination of the rental agreement upon discovery.
I. Size, Type and/or Number of Pets: See E above.
J. Number of Vehicles:

1. LOCATION AND SIZE OF SPACE:

Location and size of spaces may very. On the attached map please find marked the space requested, with its approximate size and boundaries. You must sign a written rental agreement prior to your occupancy of the space. (See attached lease.) We do not reserve spaces except by a written Lot Reservation Agreement. Otherwise, lots are reserved on a “first come, first served” basis. Delivery of this Statement of Policy does not guarantee a lease or occupancy of the lot (space) designated on the attached map.

2. FACILITY CLASSIFICATION:

The Federal Fair-Housing age classification of this park is “Housing For Older Persons” This classification means that at least one permanent occupant of the unit must be 55 or older.

3. CURRENT ZONING:

The current zoning affecting the use of the rented space is: Residential R2 with a mobile home overlay zone. The park was approved as a “mobile home” (manufactured dwelling) park by the City of Newport, Oregon, which has zoning jurisdiction over the park. The park also adjoins “forest lands” which are privately owned and may be subject to intensive management practices such as spraying, burning and eventual timber harvesting.

4. RENT ADJUSTMENT POLICY:

Under current state law the landlord may increase your rent with 90 days prior written notice. State Law does not limit the amount or frequency of rent increases. Our rental agreement may give you more protection than current state law.

Our rents are adjusted yearly to reflect any increase in real and/or personal property taxes, insurance and a percentage not less than 4% or greater than 7% using as a base the Portland-Salem-Vancouver Consumer Price Index (CPI). Rents may be adjusted on the first day of each month after 90 days written notice to include Lessor’s accrued costs for providing services that are subsequently required by mandate of any government body to maintain the “Facility Classification” in (2.) above or otherwise.
All rental increases shall be with 90 days prior written notice to you. Please see details in the Lease Agreement.

We may also charge you certain fees and charges. Please read the Lease Agreement and the Pet Agreement.

Please Note!

Many financial consultants advise consumers to keep the total of rent, utility and manufactured home mortgage payments below 30% of take-home pay or income. This can be important if your income is fixed but your rent increases over time.

5. HISTORY OF RENT INCREASES:

YEAR PERCENTAGE TAXES IF APPLICABLE

2001 2.7% Plus Any Change in Taxes
2002 2.0% Plus Any Change in Taxes
2003 1.4% Plus Any Change in Taxes
2004 4.0% Plus Any Change in Taxes
2005 4.0% Plus Any Change in Taxes
2006 4.0% Plus Any Change in Taxes
2007 4.0% Plus Any Change in Taxes
2008 4.0% Plus Any Change in Taxes
2009 4.0% Plus Any Change in Taxes

6. PERSONAL PROPERTY, SERVICES AND FACILITIES PROVIDED BY
LANDLORD:

In addition to the services necessary to maintain the Park in a habitable condition, the landlord currently provides the following for the use of residents in accordance with park rules:

• Community Center
• Paved Streets
• Common Park Areas
• Manmade Lake
• Walking Trails
• R/V Parking Area

All improvements are either complete or under construction. No others are planned. We reserve the right to alter, relocate or eliminate any of the items listed above, except the streets, at any time. We will maintain the streets and common areas in accordance with your Lease Agreement.

Some things you should know the Park does not provide are:
• Security Service or Patrol
• Restricted access to the park
• Emergency First Aid
• Emergency Utilities


We must ask you to be responsible for the security of your home and possessions, report to police: “DIAL 911” if you see suspicious activity do not call park management.

Our policy on landscape is:
• You maintain Your Space
• We maintain Common Areas
Please read Park Rules and Regulations for more specific information regarding tenant’s obligation to maintain space.

7. UTILITIES AND SERVICES AVAILABLE AND PAYMENT
RESPONSIBILITY:

PAYMENT BY: CONTACT:

ALL SERVICES ARE PAID FOR BY TENANT (Examples are)
Internet (X)Various
Water (X)City of Newport
Sewer (X)City of Newport
Garbage (X)Thompsons Sanitary Service
TV (X) Charter Communication - Various
Electricity (X) Central Lincoln PUD
Phone (X) Qwest - Various
Garbage Can (X) Thompsons Sanitary Service Thompsons San. Serv.(1st or original can)
Note! The PARK provides no utilities or services.

Please read the Lease Agreement: a copy is contained within this Statement of Policy.

Changes to utilities and other services: Nonessential utilities such as cable TV could be discontinued if no other provider were available.

8. REFUNDABLE DEPOSITS, FEES, AND INSTALLATION CHARGES
IMPOSED BY LANDLORD OR GOVERNMENT

Fees

• LATE RENT PAYMENT $ 20.00
• NON-SUFFICENT FUNDS $ 20.00
• PET VIOLATION $ 50.00
• EXTRA VEHICLE $ 5.00

Security Deposits

• LOT RESERVATION $ 00.00
• LANDSCAPING $ 00.00


Government and Installation Charges:
Government bodies impose the following fees and system development charges (SDC’s). Amounts are approximate and are subject to change. Landlord does not warrant the list to be complete.

CITY OF NEWPORT, OREGON (541) 265-5331 APPROXIMATE FEE

• Manufactured Home Installation Permit: +/- $ 500.00
• Garage Building Permit: +/- $ 500.00
• Community Facilities Development Charges: +/- $ 8,000.00
• Water Meter & Service Installation: +/- $ 1,500.00

STATE OF OREGON, BUILDING CODES AGENCY

• Electrical Inspection: (541) 265-2720 +/- $ 300.00
• Plumbing Inspection: (541) 265-7584 +/- $ 300.00

LINCOLN COUNTY SCHOOL DISTRICT +/- $ 2,000.00

Approximate Total of Governmental Charges +/- $ 13,100.00

Note! Existing Homes now in the park do not need additional government permits.

Other requirements are: installation of an adjoining double car garage, concrete driveway, and curbside street light conforming to those currently existing in the park. Please read the attached Rules and Regulations.

9. RENTAL AGREEMENT TERMINATION POLICY

The tenancy offered is fixed for a definite term as set forth in the Lease Agreement and may terminate for cause or upon closure of the park.

Because of the lengthy fixed term of your lease, we must reserve the right to change certain policies as allowed by Oregon Revised Statutes.

Under Current State Law, your tenancy may terminate for cause as specified by law, which includes, among other causes, the failure to pay rent and violation of park rules or the rental agreement.

Tenancy may also terminate upon closure of the park or upon expiration of the Lease Agreement term. Closure of all or part of any manufactured dwelling park in Oregon requires no less than a one-year (365 day) prior notice and by paying a tenant for each space for which a rental agreement is terminated, one of the following amounts: (A) $5,000 if the manufactured dwelling is a single-wide dwelling; (B) $7,000 if the manufactured dwelling is a double-wide dwelling; or (C) $9,000 if the manufactured dwelling is a triple-wide dwelling. Tenant may be eligible for a tax credit for moving costs. This law applies uniformly to all manufactured home spaces for rental parks in Oregon and is not unique.

The Par offers no contractual guarantees against future closure and reserve such right, The Park has no present or future plans to cease operation - park does not enter into lease agreements with home purchasers intending to close the park at some future date. The park does not appear to be in the path of any commercial or governmental growth pattern that could make it the subject of acquisition. Oregon Law requires the landlord to advise you of these park closure policies - read the Lease Agreement and Oregon Revised Statutes 90.645.

Your lease agreement is not assumable by the buyer of your home.
We require buyers to obtain Park Management approval before becoming a tenant. Prospective buyers desiring to purchase a home in the park must meet the park tenant criteria and sign the rental agreement and rules. Homes may stay in the park as long as they comply with state and local codes, our maintenance rules and home requirements as set forth in the Park Rules and Regulations.

10. POLICY REGARDING SALE OF THE PARK

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 entitys 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.

Under current state law, the owner may sell the park. A buyer may raise the rent with 90 days notice, unless your rental agreement provides otherwise. The owner is obligated to notify a tenant association of a possible sale and negotiate with a tenant association.

We have no present plans for sale of the park, but you will appreciate we cannot predict the future, park proceeds in good faith and complies with applicable Oregon law.

11. DISPUTE RESOLUTION POLICY

To encourage park residents and the owner/manager/landlord’s agent to settle disputes, it is the policy of this park that each issue with merit be given a fair formal hearing within 30 days of receipt of a written complaint. Park management will meet and confer with the complainant. Disputes not resolved under the above procedure shall be resolved as follows:

• We offer you an informal nonbinding mediation process with the Oregon State Office of the Housing and Community Services - Manufactured Dwelling Park Community Relations or other neutral party.

We are not obligated to, and will not mediate or arbitrate disputes relating to:
(a) Park Closure
(b) Park Sale
(c) Rent, including but not limited to amount of rent, rent increases or nonpayment of rent.

12. THE FOLLOWING ATTACHMENTS ARE EXHIBITS TO THIS DOCUMENT:

(X) Lease Agreement (X) Park Layout, Map (X) Park Rules and Regulations (X) Park Policy

13. OTHER IMPORTANT INFORMATION

Amendment of Park Rules (ORS 90.610)
(3) 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.
(4) 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.
(5) If a tenant of an eligible space signs both a written communication to the landlord and a petition under subsection (4) of this section, or signs more than one written communication or petition, only the latest signature of the tenant may be counted.
(6) Notwithstanding subsection (4) 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.
(7) The landlord’s notice of a proposed change in rules or regulations required by subsection (3) of this section must be given or served as provided in ORS 90.155 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;

PLEASE READ RULES AND REGULATIONS

Removal of a Manufactured Dwelling

In the event of termination of the lease or at the expiration of the term of the lease, or upon abandonment of a home, if a lease renewal or extension is not agreed upon or a new Lease entered into, Tenant shall pay, upon demand, all costs and expenses incurred by Lessor in moving and storing a home, including reasonable storage charges, plus attorney fees and necessary costs and expense incurred by Lessor to obtain possession of a space and fill all holes and remove any debris caused by the removal of Tenant’s manufactured home and accessories and replacement of landscape. Tenants do have the right under Oregon Law to terminate the lease agreement and move a manufactured home, however costs incurred to meet Oregon State and Park requirements for a homes removal may impact the market value of a dwelling.

Service of Notices

Except as provided in ORS 90.150 – 90.155 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed to the Landlord or Tenant by one or more of the following methods:

• Personal Notice • First Class Mail and Attachment
• First Class Mail to the Landlord or Tenant

If a written rental agreement so provides, both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the Landlord to the Tenant, the agreement must also provide for such service of written notices from the Tenant to the Landlord. Mail and attachment service of written notices shall be executed as follows.

For written notices from the Landlord to the Tenant, the first class mail notice copy shall be addressed to the Tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the Tenant has possession; and

For written notices from the Tenant to the Landlord, the first class mail notice copy shall be addressed to the Landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the Landlord’s designated location, which shall be described with particularity in the written lease agreement, reasonably located in relation to the tenant and available at all hours.

The Landlord’s designated location is:

Park Office address and phone

If a notice is served by mail, the minimum period for compliance or termination of tenancy as appropriate, shall be extended by 3 days, and the notice shall include the extension in the period provided.

Authorized Agent:

The name and address of the person currently authorized to receive service of process, notice and demands:

Legal Advice and Cancellation by You of Rental Agreement:

All prospective tenants have the right to seek legal advice. The Park recommends examination of this Statement of Policy by an attorney. If there are questions, know your rights and responsibilities under these documents before signing a rental agreement. Once an agreement is signed, the parties are bound by its terms.

Solid Fuel Burning Devices: From ORS SECTION 6. 468A.460-480:

A person may not cause or allow any of the following materials to be burned in a solid fuel burning device, a masonry heater, a pellet stove, a trash burner or any device described in ORS 468A.485 (4)(b):
(1) Garbage;
(2) Treated wood;
(3) Plastic or plastic products;
(4) Rubber or rubber products;
(5) Animal carcasses;
(6) Products that contain asphalt;
(7) Waste petroleum products;
(8) Paint;
(9) Chemicals;
(10) Paper or paper products, except for paper used to kindle a fire; or
(11) Any other materials described in rules adopted by the
Oregon Department Of Environmental Quality Commission.

Smoking:

Oregon Revised Statutes state in part, 433.840 Policy. The people of Oregon find that because the smoking of tobacco creates a health hazard to those present in confined places, it is necessary to reduce exposure to tobacco smoke by requiring nonsmoking areas in certain places. [1981 c.384 §1]
Note: The amendments to 433.840 by section 2, chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13, chapter 602, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the user’s convenience.
433.840. The people of Oregon find that because exposure to secondhand smoke is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to tobacco smoke by prohibiting smoking in all public places and places of employment.
Longview Hills is a Non-Smoking Establishment. Smoking is not allowed in any enclosed common area within the Park.

POLITICAL SIGNS

SECTION 17. ORS 90.755 is amended to read: 90.755. (1) No provision in any bylaw, rental agreement, regulation or rule may 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 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 owned by the tenant or the space rented by the tenant. The size of the signs and the length of time for which the signs may be displayed are subject to the reasonable rules of the landlord. See Rules and Regulations regarding signs

Amendments:

This Statement of Policy is not a contract. It contains in summary form the lessor’s representations of facility policies in effect as of the date given below.

Effective Date:

This Statement of policy is effective from 08/12/2009. It is for prospective new tenants.