Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Acknowledged” means, with respect to a signature on a document or a signed document, that the document is acknowledged in the form and manner provided for the acknowledgment of a deed. “Assessment” means any charge imposed or levied by the association of unit owners on or against a unit owner…
This chapter may be cited as the Oregon Condominium Act.
The Real Estate Commissioner has the exclusive right to regulate the submission of property to the provisions of this chapter and may adopt such rules as are necessary for the administration of this chapter. Note: 100.015 was added to and made a part of 100.635 to 100.910 by legislative action but was not added to any other series. See Preface to Oregon Rev…
Except as otherwise provided in subsections (2) and (3) of this section, ORS 100.100 to 100.625 apply only to property located within this state which a person elects to submit to the condominium form of ownership as provided in ORS 100.005 to 100.627. Unless the declarant elects otherwise, ORS 100.175, 100.185, 100.200 (2), 100.205, 100.210, 100.300, 100.3…
Except as provided under ORS 100.015 or explicitly required or allowed under this chapter, a zoning, subdivision, building code or other regulation by a public body, agency rule or local ordinance or regulation may not: Have the effect of prohibiting or restricting the condominium form of ownership; or Impose any restriction or requirement upon a structure…
A provision of a condominium’s governing document or landscaping or architectural guidelines that imposes irrigation requirements on a unit owner or the association is void and unenforceable while any of the following is in effect: A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within …
The rule against perpetuities may not be applied to defeat any provisions of a declaration, supplemental declaration, bylaw or rule for a condominium adopted under ORS 100.005 to 100.627. CREATION OF UNIT OWNERSHIP
In order to submit any property to the provisions of this chapter, the declarant shall record a declaration in the office of the recording officer of every county in which such property is located. The declaration shall comply with ORS 100.105 and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for …
The owner of fee title interest in the real property underlying a leasehold condominium may submit the fee title to the provisions of this chapter by the procedures set forth in this section. Submission has the effect set forth in ORS 100.103. The fee title interest of a leasehold condominium may be submitted to the provisions of this chapter by an amendmen…
After an amendment submitting the fee title interest underlying a leasehold condominium has been recorded as provided in ORS 100.102: The leasehold or leaseholds affecting the fee title interest of the land underlying the condominium property must be converted to individual leaseholds of the units; The former owner of the underlying fee title interest of t…
A declaration must contain: A description of the property, including property on which a unit or a limited common element is located, whether held in fee simple, leasehold, easement or other interest or combination thereof, that is being submitted to the condominium form of ownership and that conforms to the description in the surveyor’s certificate provide…
Before a declaration, supplemental declaration or an amendment thereto may be recorded, it must be approved as provided in this section by the county assessor of the county in which the property is located and the Real Estate Commissioner. Before a declaration, supplemental declaration or, if required under subsection (3) of this section, an amendment there…
A plat of the land described in the declaration or a supplemental plat described in a supplemental declaration, complying with ORS 92.050, 92.060 (1) and (2), 92.080 and 92.120, shall be recorded simultaneously with the declaration or supplemental declaration. The plat or supplemental plat shall be titled in accordance with subsection (3) of this section and…
A plat, including any floor plans that are a part of a plat, recorded before October 15, 1983, may be amended as provided in this section. Except as otherwise provided in ORS 100.600, the following must be made by a plat entitled “Plat Amendment”: A change to the boundary of the property, a unit or a limited common element; The creation of an additional u…
As used in this section and ORS 100.118, “document” means the declaration, supplemental declaration or bylaws of a condominium. Notwithstanding a provision in a document or this chapter, a document or an amendment to a document may be corrected by a correction amendment under this section to: Correct the omission of an exhibit to a document. Correct a mat…
Unless the context requires otherwise, as used in this section “plat” means: A plat recorded under ORS 100.115. Floor plans made part of a plat that was recorded before October 15, 1983. A supplemental plat recorded under ORS 100.115. A plat amendment recorded under ORS 100.116. Notwithstanding a provision in a document of a condominium or this chapter,…
An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include: The word “Restated” in the declaration title. All previously adopted amendments that are recorded and in effect. A statement that the association has adopted a resolution in accordance with this subsection.…
To annex additional property to the condominium under ORS 100.125 or to reclassify or redesignate variable property under ORS 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation…
In the event of a conflict between the declaration and the bylaws or between the declaration and any articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 100.005 to 100.910. Note: 100.122 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller se…
As used in this section, “document” means a declaration, supplemental declaration or bylaws, or an amendment thereto. A declarant may amend a document in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Ag…
Subject to ORS 100.120 (5), if the declaration complies with ORS 100.105 (2), until the termination date, additional property may be annexed to the condominium by the recording of a supplemental declaration and supplemental plat in accordance with ORS 100.115.
Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by an amendment to the declaration under this section. The owners of the affected units shall submit to the board of directors of the association a proposed amendment that must: Include a…
Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors of the association of unit owners or by at least 30 percent of the unit owners. Except as otherwise provided in ORS 100.005 to 100.627, an amendment of the declaration is not effective unless: The amendment is approved by th…
A floating structure described in ORS 100.020 (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair or remodeling without affecting its status as a condominium or real property. However, if the floating structure is not returned to its original location within 18 months after the relocation, …
With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS 100.115 and 100.120, the declarant may: Reclassify all or a portion of the property designated as variable property in the declaration and on the plat, as one or more general common elements, limited …
If by the termination date specified in the declaration there is any remaining variable property: Any property designated nonwithdrawable variable property becomes part of the common elements and any interest in the property held for security purposes is automatically extinguished by reclassification. Any property designated withdrawable variable property …
Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging any obligation of the declarant or exercising any special declarant right, whether arising under the provisions of this chapter or reserved in the declaration or bylaws.
The declarant, on behalf of the association of unit owners, shall: Conduct an initial reserve study as described in subsection (3) of this section; Prepare an initial maintenance plan as described in subsection (4) of this section; and Establish a reserve account if required under subsection (2) of this section. An association of unit owners shall establ…
The declarant shall expressly warrant against defects in the plumbing, electrical, mechanical, structural, and all other components of the newly constructed units and common elements. Such warranty: Shall exist on a unit and the related limited common elements for not less than one year from the date of delivery of possession of that unit by the declarant t…
Subject to subsection (2) of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of unit owners, during which period a declarant or person designated by the declarant may appoint and remove officers and members of the board of directors and exercise powers and responsibilities otherwise assign…
A transitional committee shall be established as provided in this section in a single stage condominium consisting of at least 20 units and in a staged or flexible condominium if the number of units that the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150 totals at least 20. Unless the turnover meeting has been held, the …
A turnover meeting shall be called by the declarant within 90 days of the expiration of any period of declarant control reserved in the declaration or bylaws under ORS 100.200. If no control has been reserved, the declarant shall call the turnover meeting within 90 days of the earlier of: In a single stage condominium, three years from the date of conveyanc…
As used in this section, “affiliate” means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant. A person “controls” or “is controlled by” a transferor or successor declarant if the person: Is a general partner, officer, director …
Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage or beneficiary of a trust deed affecting the declarant’s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of su…
The following shall be delivered to the Real Estate Agency for filing on behalf of the association in accordance with ORS 100.260 (5): A Condominium Information Report described in ORS 100.260 (1) by the declarant not later than 90 days after the declaration is recorded under ORS 100.100 or by the board of directors if required under ORS 100.275. The Annua…
If after review the Real Estate Agency determines that a report or amendment submitted for filing under ORS 100.250 (1) satisfies the requirements of ORS 100.260, and all fees have been paid, the Real Estate Agency shall file the document and designate the filing “current.” The Real Estate Agency files a document by indicating thereon that it has been filed…
The Condominium Information Report required under ORS 100.250 (1)(a) must set forth: The name of the association; The name of the condominium and the county in which the condominium is located; The mailing address, including the street and number, if any, and county of the association; The date the condominium declaration was recorded and the recording i…
Not less than 30 days before the report date, the Real Estate Agency shall notify the association of the pending Annual Report filing requirements and indicate the date by which the report is due. By rule, the agency may send this notice by first-class mail or electronic mail to the association’s address in the current records of the agency. Failure of the a…
Subject to ORS 100.550 (3), ORS 100.250 to 100.280, including the filing of a Condominium Information Report described in ORS 100.260 (1), apply to property submitted to the provisions of this chapter before October 3, 1989, if: The board of directors of the association receives a written request to comply with such sections from at least one unit owner or …
An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (1). The application shall satisfy the requirements of ORS 100.260 (5) and set forth: The name of the association as shown on the current records of the Real Estate Agency; The name of the condominium and county in which the condominium is located; The name and resi…
The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with the filing fee prescribed in ORS 100.250 and giving notice in the form of a copy of the statement to the association. The statement shall include the name of the association and the name of the condominium and th…
The Real Estate Agency may adopt rules as are necessary or proper for the administration of ORS 100.250 to 100.280. Note: See note under 100.250. CONVERSION CONDOMINIUMS
ORS 100.301 to 100.320 do not apply to units rented as transient lodgings at a hotel, motel or inn and do not apply to negotiations, arrangements or agreements for such transient occupancy of the units.
As used in ORS 100.301 to 100.320, “dwelling unit” and “tenant” have the meanings given those terms in ORS 90.100.
A declarant of a conversion condominium shall give each of the existing tenants of any building which the declarant intends to submit to the provisions of this chapter notice of the conversion at least 120 days before the conversion condominium is submitted to the provisions of this chapter. Thereafter, until the property is submitted to the provisions of th…
Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in its physical layout, the declarant shall first offer to sell the respective unit to the tenant who occupies the unit. The offer shall: Terminate 60 days after its receipt or upon written rejection of the offer by the tenan…
The declarant may not begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in a conversion condominium unit without the tenant’s permission during the 120-day notice period prescribed by ORS 100.305 (1). The declarant may begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in…
A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit. ASSOCIATION OF UNIT OWNERS; MANAGEMENT OF PROPERTY; ENCUMBRANCES; CONVEYANCES
An association of unit owners must be organized to serve as a means through which the unit owners may take action with regard to the administration, management and operation of the condominium. The association of a condominium created on or after September 27, 2007, must be organized: As a corporation for profit or a nonprofit corporation; or If the condo…
The association of unit owners shall conduct at least one meeting of the owners each calendar year. Special meetings of the association may be called by the chairperson or president of the board of directors, by a majority of the board of directors or by the chairperson, president or secretary upon receipt of a written request of a percentage of unit owners…
Unless the bylaws specify a greater percentage, a quorum for any meeting of the association of unit owners consists of the number of persons who are entitled to cast 20 percent of the voting rights. If any meeting of the association of unit owners cannot be organized because of a lack of a quorum, the unit owners who are present, either in person or by prox…
Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order published by the Robert’s Rules Association. A decision of the association or the board of …
The declarant shall adopt and execute on behalf of the association of unit owners the initial bylaws that govern the administration of the condominium. The bylaws must be approved by the Real Estate Commissioner and recorded simultaneously with the declaration as an exhibit or as a separate instrument. Provisions of the bylaws that regulate amendments to th…
An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include: The words “Restated Bylaws” in the title of the bylaws; All previously adopted amendments that are recorded and in effect; A statement that the board of directors has ado…
For bylaws recorded before October 3, 1989, an amendment to the bylaws recorded on or after October 4, 1977, and before October 3, 1989, is not effective unless approved by the Real Estate Commissioner. Within five years after the recording of bylaws recorded on or after October 3, 1989, an amendment to the bylaws must be approved by the Real Estate Commiss…
The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for: The organization of the association of unit owners in accordance with ORS 100.405, when the initial meeting must be held and the method of calling that meeting. If required under ORS 100.205, the formation of a transitional committee in accordance with…
Each member of the board of directors of the association of unit owners must be an individual and, except as provided in subsections (2) and (3) of this section, an owner or co-owner of a unit in the condominium. A director appointed by a declarant under ORS 100.200 need not be an owner or co-owner of a unit in the condominium. Except as otherwise provided…
The board of directors of an association of unit owners may act on behalf of the association except as limited by the declaration or bylaws. In the performance of their duties, officers and members of the board of directors shall be governed by this section and the applicable provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377 whether or not the asso…
Subject to subsection (2) of this section, if an association of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, a unit owner or a first mortgagee of a unit may request the circuit court of the county in which the condominium is located to appoint a receiver to manage the affairs o…
A director of an association of unit owners who is present at a meeting of the board of directors at which action is taken on any association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action because the director claims a conflict of interest. When action is taken on any matt…
Except as provided in subsection (2) of this section, all meetings of the board of directors are open to unit owners’ attendance. An owner does not have any right to participate in a meeting except as may be provided by the governing documents or the board. The board may close the meeting to unit owners and meet in executive session to: Consult with legal …
Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or this chapter, in the discretion of the board of directors of the association of unit owners, any notice, information or other written material required to be given to a unit owner or director under the declaration or bylaws or this chapter, that o…
Unless prohibited or limited by the declaration, articles of incorporation or bylaws, any action that may be taken at any annual, regular or special meeting of the association of unit owners may be taken without a meeting if the association delivers a written ballot to every association member that is entitled to vote on the matter. Action by written ballot …
The voting rights or consent of a unit owner may be cast or given: In person at a meeting of the association of unit owners. In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section. Unless the declaration or bylaws or this chapter provide otherwise, pursuant to a proxy in accordance with subsection…
As used in this section, “electronic ballot” means a ballot given by: Electronic mail; Facsimile transmission; Posting on a website; or Other means of electronic communication acceptable to the board of directors. Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board of directors of an association of uni…
The deed of a unit shall contain: The name of the property, and the recording index numbers and date of recording of the declaration and in the case of a staged or flexible condominium, the applicable supplemental declaration or declaration amendment. The unit designation of the unit. Any further details the grantor and grantee may consider desirable.
If the bylaws provide that the association of unit owners has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or that a unit must be repaired or reconstructed, the board of directors shall obtain and maintain at all times and shall pay for out of the common expense funds, the following insurance covering both the…
Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the common elements appertaining thereto, in the same manner and under the same conditio…
Where a leasehold interest is submitted to the provisions of this chapter, the master lease shall: Contain independent default clauses, the effect of which shall be that a unit owner cannot be evicted because the board of directors of the association of unit owners has defaulted so long as the unit owner has paid the pro rata share of the unit owner of the …
Whenever an association of unit owners levies any assessment against a unit, the association of unit owners shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts levied under the declarat…
In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent. The board of directors, acting on behalf of the unit owners, shall have power, unless prohibited by the de…
Unless the declarations or bylaws otherwise provide, a deed in lieu of foreclosure accepted by the holder of a first mortgage or the beneficiary of a first deed of trust in respect to a condominium unit shall have the effect of extinguishing a lien of the association securing unpaid assessments through the date of recording of the deed in lieu of foreclosure…
In any suit or action brought by an association of unit owners to foreclose its lien or to collect delinquent assessments or in any suit or action brought by declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of the Oregon Condominium Act, the condominium declaration or bylaws, including all amendme…
Except as provided in subsection (5) of this section, a unit owner is personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners. If the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, the purchaser, and the successors and assign…
An association of unit owners shall retain within this state the documents, information and records delivered to the association under ORS 100.210 and all other records of the association for not less than the period specified for the record in ORS 65.771 or any other applicable law, except that: The documents specified in ORS 100.210 (5)(j), if received, m…
The requirements of ORS 100.480 (5) first apply: Commencing with the fiscal year following the turnover meeting for the association of unit owners of a condominium created prior to January 1, 2004, if the turnover meeting has not yet occurred on January 1, 2004. Commencing with the fiscal year beginning in calendar year 2004 for the association of unit own…
The board of directors at least annually shall adopt a budget for the association of unit owners. The budget shall include moneys required to be allocated to the reserve account under ORS 100.175. Within 30 days after adopting the annual budget for the association, the board of directors shall provide a summary of the budget to all owners. If the board of…
Except as provided in subsection (2) of this section, if entered into prior to the turnover meeting of the condominium, no management agreement, service contract or employment contract that is directly made by or on behalf of the association, the board of directors or the unit owners as a group shall be in excess of three years. Subject to paragraph (b) of …
At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 100.405 (4)(e)(E), the association of unit owners shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the owner. The notice shall, at a minimum: Be mailed to the mailing address of each unit …
While the property is submitted to the provisions of this chapter, a unit may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts inter vivos or mortis causa, as if it were sole and entirely independent of the other units of which they form a part, and the corresponding individual t…
Unless otherwise provided in the declaration: The walls, floors and ceilings are the boundaries of a unit. All lath, furring, wallboard, plaster-board, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit except those portions of the walls, floors…
Each unit shall be entitled to an undivided interest in the common elements in the allocation expressed in the declaration. Such allocation shall be expressed as a fraction or percentage of undivided interest in the common elements. Except as otherwise provided in this chapter, the allocation of undivided interest of each unit in the common elements as expre…
Except as otherwise provided in the declaration, each unit shall have an easement through each other unit and through the common elements for utility, wiring, heat, plumbing and other service elements, and for reasonable access required to effectuate and continue proper operation of the condominium. Each unit and all common elements shall have an easement o…
Unless otherwise provided in the declaration, each unit of a condominium is entitled to one vote. Unless otherwise provided in the declaration or bylaws: An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a unit owned or held in a fiduciary capacity, if the person satisfies the secretary…
Unless otherwise provided in the declaration, the common profits of the property are distributed among, and the common expenses are charged to, the unit owners according to the allocation of undivided interest of each unit in the common elements. A unit owner, by the owner’s own action, may not claim exemption from liability for contribution toward the comm…
Subject to subsections (5) and (6) of this section and any additional limitations contained in the declaration or bylaws, a unit owner: May make any improvements or alterations to the unit of the unit owner that do not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium. After acq…
ORS 12.135 (4), 100.210 (5)(r) and 100.417 (8) do not apply to a condominium for which each unit owner is responsible for the interior and exterior of the owner’s unit. Note: 100.538 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explan…
Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach upon the lawful rights of the other unit owners. Unless otherwise provided in the declaration or bylaws: The responsibility for maintenance, repair and replacement of the common elements is the responsibility of the associ…
Each unit owner and the declarant shall comply with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the unit. Failure to comply therewith shall be grounds for an action maintainable by the association of unit owners or by an aggriev…
Service of process in any action relating to the condominium may be made on: If the condominium was submitted to the provisions of this chapter before October 3, 1989, the person designated in the declaration to receive service of process; The person named as designated agent in the Condominium Information Report filed with the Real Estate Agency under ORS…
Each unit with its allocation of undivided interest in the common elements shall be considered a parcel of real property, whether fee simple, leasehold, easement or other interest or combination thereof, subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property. A unit created by a declaration or suppleme…
Subject to ORS 100.605, the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter by executing and recording an instrument to that effect and the holders of all liens affecting the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undiv…
If 90 percent of the unit owners agree that the property is obsolete and shall be sold, the property shall be considered removed from the provisions of this chapter. Except where the declaration or bylaws provide to the contrary, if all or part of the property is damaged or destroyed, then the association of unit owners shall repair, reconstruct or rebuild …
If the property is removed from the provisions of this chapter, as provided by ORS 100.600 (1) and 100.605, the property shall be considered owned in common by all the unit owners. The respective interest of a unit owner shall be the total of the fair market value of the unit of the unit owner and common element interest appertaining to such unit immediately…
If the property is removed from the provisions of this chapter, as provided in ORS 100.600 and 100.605, it shall be subject to an action for partition at the suit of any unit owner. The net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among the unit owners in p…
The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. DIVIDING OR CONVERTING UNITS
Subject to the provisions of the declaration and any applicable law, and upon compliance with this section: A unit designated in the declaration to be used for commercial, industrial or other nonresidential purpose may be divided by an owner, including the declarant, into two or more units. A unit owned by the declarant and located in a condominium that co…
The Legislative Assembly finds and declares that: The purpose of ORS 100.627 is to facilitate the installation of an electric vehicle charging station by a unit owner in a condominium for the unit owner’s personal residential use. Oregon courts have identified the following factors in determining whether personal property is a fixture: Whether the persona…
Notwithstanding contrary provisions of a declaration or bylaws of a condominium: A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section: In a space assigned to the unit and used for the parking or storage of automobiles…
Except as provided by ORS 100.660 and 100.665, prior to negotiating within this state for the sale of a condominium unit located in another state, or prior to the sale of any condominium unit located within this state, the developer shall file with the Real Estate Commissioner, in any form prescribed by the commissioner: General information on the condomini…
The following documents and information must be submitted to the Real Estate Commissioner as part of the filing required under ORS 100.635: A copy of the proposed or recorded declaration or supplemental declaration of condominium ownership drawn in conformance with ORS 100.105 or 100.120, or the law applicable in the state where the condominium was created;…
The information required by ORS 100.635 must be kept current by the developer. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the developer within 10 days after the change occurs. The report of material changes must: Be on a form prescribed and furnished by the commissioner for submission of specified i…
Every nonresident developer, at the time of filing the information required by ORS 100.635, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation of any provision of this chapter, personal service of summons or process upon t…
The disclosure statement submitted to the Real Estate Commissioner as part of a filing under ORS 100.635 must contain the following information: The name and address of the condominium, and the name, address and telephone number of the developer. A general narrative description of the condominium stating the total number of units, a description of the type…
A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS 100.635 may request approval of the declaration and bylaws or a supplemental declaration by: Submitting the fee required by ORS 100.6…
As used in this section, “nonresidential condominium” means a condominium in which all units are available exclusively for nonresidential uses or all units are to be offered for sale as a security under ORS 59.005 to 59.505. A declarant that proposes to submit real property to the condominium form of ownership under this chapter as a nonresidential condomin…
A vendor under a land sale contract, a mortgagee of a mortgage or a beneficiary of a trust deed who becomes a developer by reason of acquiring a unit or units in a condominium through foreclosure of its lien or acceptance of a deed in lieu thereof, is not required to submit a filing to the Real Estate Commissioner under ORS 100.635, or to distribute a disclo…
Submission of any document to the Real Estate Commissioner for approval under ORS 100.110, 100.119, 100.135, 100.410, 100.411, 100.413, 100.658 or 100.660 or any other provision of this chapter must include: Any form prescribed and furnished by the commissioner for submission of a specified document; The deposit fee required under ORS 100.670; and Any doc…
A developer or other person required to file materials or information with the Real Estate Commissioner under ORS 100.005 to 100.910 shall pay to the commissioner a fee as required under subsections (2) and (3) of this section for the review, approval and handling of the filings by the commissioner at the time of the initial filing with the commissioner. A …
Within five working days after receipt of the prescribed filing fee under ORS 100.670 and information filed under ORS 100.635, 100.660 or 100.668, the Real Estate Commissioner shall inventory the filing and determine whether the filing includes all required information and documentation and designate the filing as: Complete, if the commissioner determines t…
Unless the developer of a condominium has complied with subsection (2) of this section, the developer and a purchaser may not enter into a unit sales agreement before the recording of the declaration or supplemental declaration and plat under ORS 100.115 or, if the condominium is located outside of this state, before the condominium has been created under th…
A unit sales agreement must contain: The unit designation; The full amount of the purchase price, including the amount and form of earnest money paid by the purchaser; If required under ORS 100.680, the name and address of the escrow agent to hold the purchaser’s funds and a reference to the escrow instructions controlling the escrow; If the purchaser’s …
The Real Estate Commissioner may make an on-site inspection of any condominium and require a report of the commissioner’s findings from such inspection to be included in the disclosure statement for use in the sale of the condominium.
Except as provided in ORS 100.665, a developer, or an agent of the developer may not enter into a unit sales agreement prior to the issuance of the disclosure statement for the condominium. A copy of the disclosure statement for a condominium must be given to the prospective purchaser of a unit in the condominium by the developer or an agent of the develope…
When an on-site inspection under ORS 100.700 is to be made of a condominium situated in the State of Oregon, or situated outside the state which will be offered for sale within this state, the Real Estate Commissioner, in addition to the fee provided in ORS 100.670, may require the developer to advance a deposit. Such deposits shall not exceed $200 per day f…
No condominium unit shall be sold by a developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow: A copy of the title report or abstract, as it relates to the property being sold. …
Before the unit sales agreement is fully executed by all parties, the developer shall deliver to the purchaser a copy of the declaration and bylaws of the condominium and any supplements and amendments thereto affecting the unit. When the unit sales agreement is fully executed by all parties, the developer shall deliver to the purchaser a copy of the fully …
A purchaser of a condominium unit may cancel for any reason the sale of a condominium unit from a developer or any contract, agreement or evidence of indebtedness associated with the sale of the condominium unit, within five business days (excluding Saturdays and holidays) after the date on which the latest of the following events occurs: The signing by the…
A purchaser may waive the right to cancellation granted under ORS 100.730 (1) after the unit sales agreement is fully executed by all parties. The waiver shall be in writing and dated and shall include a notice that by signing such statement the purchaser waives only the right of cancellation granted under ORS 100.730 (1) and no other right. No provision wh…
Subject to ORS 100.730 (8), a unit sales agreement shall contain, either upon the first page or upon a separate sheet attached to such first page, the following notice in at least 12-point type that is all capitals or boldface: ______________________________________________________________________________ NOTICE TO PURCHASER (RIGHT OF CANCELLATION) BY SI…
A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in an installment contract of sale for which an escrow has been established pursuant to ORS 100.720 shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and…
Records of the sale of any condominium unit shall be subject to inspection by the Real Estate Commissioner and shall be made available to the commissioner in Oregon at the request of the commissioner. PROHIBITED ACTS
No developer or agent of a developer shall, in connection with the sale of a condominium unit, directly or indirectly: Employ any device, scheme or artifice to defraud; Make any untrue statement of a material fact or fail to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading;…
It shall be unlawful for any developer or agent of a developer, who with intent, directly or indirectly, to sell a condominium unit, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning the condominium, which contains any statement, pictorial representation or sketch…
Any condition, stipulation or provision in any sales contract or lease, or in any other legal document, binding any purchaser or lessee to waive any legal rights under this chapter against the developer shall be deemed to be contrary to public policy and void.
Subject to the provisions of ORS 100.720, a condominium unit may not be conveyed by a developer subject to a blanket encumbrance. Notwithstanding subsection (1) of this section, the developer shall conform to an alternative requirement or method which the Real Estate Commissioner may deem acceptable to afford a purchaser the protection provided by the prohi…
In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or any of the rules adopted thereunder. No civil penalty shall exceed $1,000 per violation. Civil penalties under this section shall be imposed as provided in OR…
Whenever the Real Estate Commissioner finds that any developer or other person is violating any of the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or the rules adopted thereunder or of the alternative requirements of the commissioner prescribed pursuant to ORS 100.720 (3), the commissioner may order the persons to desist and refrain …
The moneys received under this chapter shall be paid into the State Treasury and placed to the credit of the General Fund in the Oregon Real Estate Department Account. MISCELLANEOUS
Subject to subsection (3) of this section, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or unit owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have appr…
Subject to ORS 153.022, any person who violates any of the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or any rules adopted thereunder or any alternative requirements of the Real Estate Commissioner prescribed pursuant to ORS 100.720 (3), commits a Class C felony. _______________