ORS § 90 § 90.846
Notices and processes in facility transfer; remedies.
Operative Text
(1) During the process described in ORS 90.842 to 90.850, the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and to negotiate with the tenants or the entity in good faith. (2) Except as provided in ORS 90.848, before selling a facility to an entity that is not formed by or associated with the tenants, the owner of the facility must give the notice required by ORS 90.842 and comply with the requirements of ORS 90.844. (3) A minor error in providing the notice required by ORS 90.842 or in providing the financial information required by ORS 90.844 does not prevent the owner from selling the facility to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty. (4) During the process described in ORS 90.842 to 90.850, the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants. (5) If the owner does not comply with requirements of this section and ORS 90.842 and 90.844, in a substantial way that prevents the tenants from competing to purchase the facility, the tenants may: (a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS 90.850; or (b) Recover 10 percent of the sale price of the facility. (6) Upon an award of damages under subsection (5)(b) of this section, the Department of Justice becomes a judgment creditor as to 50 percent of the award and the prevailing party becomes a judgment creditor for the remaining 50 percent of the award. Any recovery of the Department of Justice’s share of the award shall be deposited into the Manufactured Dwelling Parks Account under ORS 456.579, after deducting the Department of Justice’s costs of collection. (7) Within seven days following a judgment award under subsection (5)(b) of this section, the prevailing party shall provide written notice of the award to the Department of Justice. (8) If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS 90.844, the owner may recover actual damages from the tenant. (9) The Housing and Community Services Department shall prepare and make available information for tenants about purchasing a facility.
ORS § 90.846 governs the conduct of facility owners and tenants during the manufactured dwelling park transfer process established under ORS 90.842 to 90.850. Both parties are required to act in a commercially reasonable manner, with the owner obligated to consider and negotiate tenant purchase offers in good faith. If an owner substantially fails to comply with the required notices and procedures in a way that prevents tenants from competing to buy the facility, tenants may seek injunctive relief or recover 10 percent of the sale price — with half of any monetary award going to the Department of Justice and half to the prevailing tenants. Minor procedural errors in notices or financial disclosures do not, on their own, expose the owner to liability or block a sale.
Plain English — not legal advice.
Under ORS § 90.846, facility owners engaged in a potential sale must provide the notices required by ORS 90.842, share the financial information required by ORS 90.844, and genuinely consider and negotiate with tenants or a tenant-formed entity in good faith. Compliant operators typically document their good-faith engagement with tenant offers and maintain records showing they met all procedural requirements before proceeding with a third-party sale. While minor errors in notices or financial disclosures do not automatically create liability, substantial noncompliance that prevents tenants from competing can expose the owner to injunctive relief or a damages award equal to 10 percent of the sale price under ORS § 90.846(5).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.846 gives tenants of manufactured dwelling parks meaningful rights during a facility sale process, including the right to have their purchase offers genuinely considered and negotiated in good faith by the owner. If an owner substantially fails to follow the required notice and disclosure procedures in a way that blocks tenants from competing to buy the facility, tenants may pursue injunctive relief to halt a sale or seek a damages award equal to 10 percent of the sale price. Tenants who believe their rights under ORS § 90.846 have been violated may wish to consult a tenant-rights organization, review information made available by the Housing and Community Services Department under subsection (9), or explore available legal resources to understand the range of options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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