ORS § 90 § 90.848
Exceptions to facility transfer requirements.
Operative Text
(1) With regard to a sale or transfer of a facility, ORS 90.842, 90.844 and 90.846 do not apply to: (a) Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate. (b) Any transfer by gift, devise or operation of law. (c) Any sale or transfer by a corporation to an affiliate. (d) Any sale or transfer by a partnership to any of its partners. (e) Any sale or transfer of an interest in a limited liability company to any of the limited liability company’s members. (f) Any conveyance of an interest in a facility incidental to the financing of the facility. (g) 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. (h) Any sale or transfer between or among joint tenants or tenants in common owning a facility. (i) Any sale or transfer in which the facility satisfies the purchaser’s requirement to make a like-kind exchange under section 1031 of the Internal Revenue Code. (j) Any purchase of a facility by a governmental entity under the entity’s powers of eminent domain. (k) Any transfer to a charitable trust. (2) As used in this section, “affiliate” means any shareholder of the selling or transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the selling or transferring corporation or any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the selling or transferring corporation.
ORS § 90.848 carves out a specific list of facility sale or transfer scenarios in which the tenant-protection requirements of ORS 90.842, 90.844, and 90.846 — which generally govern the process for transferring manufactured dwelling parks and similar facilities — do not apply. These exemptions cover a wide range of transactions, including transfers to close family members, gifts, corporate affiliate deals, foreclosures, like-kind exchanges under federal tax law, and government eminent-domain acquisitions, among others. The provision also defines 'affiliate' broadly to include shareholders, subsidiaries, and commonly controlled entities of the transferring corporation.
Plain English — not legal advice.
Operators and owners of manufactured dwelling parks or similar facilities in Oregon should be aware that ORS § 90.848 identifies specific transaction types that are exempt from the facility-transfer notice and opportunity-to-purchase requirements found in ORS 90.842, 90.844, and 90.846. Compliant operators typically document the nature of a qualifying transaction — such as a transfer to a corporate affiliate, a foreclosure deed, or a family inheritance — to clearly establish that an exemption applies. Because the definition of 'affiliate' under this section is detailed and fact-specific, operators generally maintain clear records of ownership and control relationships when relying on the corporate or LLC exemptions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.848 limits the circumstances under which tenants in manufactured dwelling parks and similar facilities can invoke the transfer-related protections of ORS 90.842, 90.844, and 90.846, because certain types of ownership changes are entirely exempt from those rules. If a facility changes hands through one of the listed transactions — such as a foreclosure, a family transfer, or a corporate affiliate deal — tenants may find that the standard notice and purchase-opportunity rights do not attach. Tenants who are uncertain whether a particular transaction qualifies for an exemption under ORS § 90.848 may wish to consult a tenant-rights organization or legal aid provider familiar with Oregon manufactured-housing law to understand what options, if any, remain available.
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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