Oregon Law
Law as of Jan 1, 2026
Chapter contents
100.005Definitions 100.010Short title 100.015Regulation by Real Estate Commissioner; rules 100.020Condominium provisions; restrictions 100.022Planning and property law do not affect condominium form of ownership 100.023Void and unenforceable provisions of condominium governing document 100.025Rule against perpetuities; inapplicability 100.100Property submitted to unit ownership by declaration; executors of declaration; conflict between this chapter and ORS chapter 65 100.102Leasehold condominium submitted to unit ownership 100.103Effect of submission of leasehold condominium to unit ownership 100.105Contents of declaration; property name; variable property description 100.110Approval of declaration, supplemental declaration or amendment required; prerequisites; fee 100.115Recording declaration and plat; plat contents; supplemental declaration and plat; fees 100.116Plat amendment; fees 100.117Correction amendment to declaration or bylaws 100.118Correction amendment to condominium plat; fees 100.119Restated declaration; restated assignment of use 100.120Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date 100.122Declaration prevails over inconsistent provisions of bylaws or articles of incorporation 100.123Authority to amend declaration or bylaws to comply with federal or state law 100.125Annexation of additional property; requirements 100.130Relocation of unit boundaries and common elements by amendment to declaration 100.135Amendments to declaration; requirements; procedure 100.140Temporary relocation of floating structure; security interests upon termination of condominium 100.150Declarant’s options until termination date 100.155Variable property; uses and restrictions 100.170Easement held by declarant 100.175Reserve account for maintaining, repairing and replacing common elements; reserve study; information required; maintenance plan 100.185Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims 100.200Declarant control of association 100.205Transitional committee; notice of meeting for formation 100.210Turnover meeting; notice; transfer of control 100.220Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions 100.225Acquisition of special declarant rights by successor declarant; exceptions 100.250Documents required to be filed with Real Estate Agency; fees 100.255Processing of documents filed with Real Estate Agency; procedures 100.260Condominium Information and Annual Reports; contents; fees 100.265Annual Report; notification; filing 100.275Application of ORS 100.250 to 100.280 100.280Termination of filing Condominium Information Report 100.285Resignation of designated agent; procedures; effective date 100.290Rules 100.300Inapplicability of ORS 100.301 to 100.320 to transient lodgings 100.301Definitions for ORS 100.301 to 100.320 100.305Conversion condominium; notice 100.310Rights of tenants in conversion 100.315Improvements in conversion condominium during notice period 100.320Authority of city or county to require developer to pay tenant moving expenses 100.405Association of unit owners; powers; granting of interest in common elements; dispute resolution 100.407Annual and special meetings of association 100.408Quorum for meeting of association 100.409Rules of order 100.410Adoption of bylaws; amendment 100.411Restated bylaws 100.412[1999 c.677 §58; 2007 c.409 §26a; renumbered 100.483 in 2019] 100.413Approval of amended or restated bylaws 100.415Contents of bylaws 100.416Criteria for board of directors membership 100.417Board of directors of association; powers and duties 100.418Receivership for failure of association to fill vacancies on board of directors 100.419Assent of director to board action 100.420Board meetings; executive sessions 100.423Electronic notice to owner or director 100.425Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions 100.427Methods of voting 100.428Electronic ballot 100.430Unit deeds; contents 100.435Insurance for individual units and common elements; fidelity bond 100.440Liens against property; removal from lien; effect of part payment 100.445Independent default clauses; option to purchase fee simple interest 100.450Association lien against individual unit; recording notice of claim; foreclosure; effect of judgment and payment; priority of lien 100.460Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale 100.465Circumstances in which deed in lieu of foreclosure extinguishes lien 100.470Lien foreclosure; other legal action by declarant, association or owner; attorney fees 100.475Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation 100.480Maintaining documents and records; annual financial statement; review of financial statement by certified public accountant; availability of documents and records for examination 100.481Application of ORS 100.480 100.483Annual budget; distribution of budget summary to owners 100.485Duration and termination of initial management agreements and service and employment contracts; applicability of federal condominium law 100.490Notice to unit owners of intent to commence legal proceedings; unit owner right to opt out; meeting required prior to construction defect claim; meeting notices 100.505Status and ownership of units 100.510Units and common elements distinguished 100.515Interest of units in common elements 100.520Easement held by units and common elements 100.525Voting or consenting 100.530Allocation of common profits and expenses; liability of unit owner; limitation on assessments against declarant; deferral of assessments by declarant 100.535Maintenance and improvement of units 100.538Inapplicability of moisture intrusion inspection requirements and reduced statute of limitations to units under full owner responsibility 100.540Use and maintenance of common elements; access for maintenance 100.545Compliance with bylaws and other restrictions 100.550Service of process 100.555Taxation of units; exemptions; uniform appraisal and assessment; rules 100.600Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements 100.605Removal of property from association; repair or removal of property that is damaged or destroyed 100.610Common ownership of property removed from unit ownership; valuation; liens 100.615Action for partition; division of sale proceeds 100.620Termination or removal no bar to resubmission 100.625Procedure for dividing or converting units 100.626Legislative findings 100.627Electric vehicle charging stations 100.635Filing with commissioner; fee 100.640Filing; required documents and information 100.645Filing information to be kept current 100.650Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner 100.655Disclosure statement; contents; disclosure statement from other state; declarant liability limited 100.658Limited residential condominium filing 100.660Nonresidential condominium or security filing; contents 100.665Exemption to certain disclosure and notice requirements 100.668Documents and information included with filing 100.670Fees; hourly rate; deposit 100.675Inventory of filing; review; approval; timelines 100.680Escrow of unit sales agreement 100.685Contents of unit sales agreement 100.700Inspection of condominium; report in disclosure statement 100.705Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement 100.710Inspection deposit 100.720Conditions prerequisite to sale 100.725Documents prerequisite to execution of sale agreement and conveyance of unit 100.730Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability 100.735Waiver of right to cancel 100.740Notice to purchaser of cancellation rights; form 100.745Escrow documents required of successor to vendor’s interest 100.750Inspection of records 100.770Fraud and deceit prohibited 100.775False or misleading advertising prohibited; liability 100.780Waiver of legal rights void 100.785Blanket encumbrance prohibited 100.900Civil penalty 100.905Cease and desist order; injunction 100.910Use of fees 100.920Changes or actions that require approval or consent of mortgagee 100.990Criminal penalties

Chapter 100 — Condominiums

ORS 100.110 Approval of declaration, supplemental declaration or amendment required; prerequisites; fee

(1)(a)

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.

(b)

Before a declaration, supplemental declaration or, if required under subsection (3) of this section, an amendment thereto may be recorded, it must be approved by the tax collector of the county in which the property is located.

(c)

A declaration, supplemental declaration or amendment thereto may not be approved unless the requirements of subsections (2) to (7) of this section are met. Approval must be evidenced by execution of the declaration or amendment or by a written approval attached thereto.

(d)

If the requirements of subsections (2) to (7) of this section are met, the commissioner, county assessor and tax collector, if applicable, shall approve the declaration, supplemental declaration or amendment.

(2)

The county assessor of the county in which the property is located shall approve a declaration, supplemental declaration or amendment thereto if:

(a)

The name complies with ORS 100.105 (5) and (6); and

(b)

The plat complies with the requirements of ORS 100.115 or the plat amendment complies with ORS 100.116.

(3)

The tax collector of the county in which the property is located shall approve the declaration or supplemental declaration, or an amendment that adds property to the condominium, changes the boundary of a unit or creates an additional unit from all or parts of other units or from all or parts of other units and common elements for which a plat amendment is required under ORS 100.116, if:

(a)

All ad valorem taxes, special assessments, fees, or other charges required by law to be placed upon the tax roll for the affected units that have or will become a lien upon the property during the tax year have been paid;

(b)

Advance payment of ad valorem taxes, special assessments, fees or other charges for the affected units that are not on the tax roll and for which payment is required under paragraph (a) of this subsection has been made to the tax collector utilizing the procedures contained in ORS 92.095 and 311.370; and

(c)

The additional taxes, penalty, and any interest attributable thereto, required because of disqualification of the affected units from any special assessment have been paid.

(4)

Subject to subsection (6) of this section, the commissioner shall approve the declaration or amendment thereto if:

(a)

The declaration or the amendment thereto complies with the requirements of ORS 100.105 and 100.135 and other provisions of this chapter;

(b)

The bylaws adopted under ORS 100.410 comply with the requirements of ORS 100.410 and 100.415 and other provisions of this chapter;

(c)

The plat complies with the requirements of ORS 100.115 or the plat amendment complies with ORS 100.116 and other provisions of this chapter;

(d)

The declaration is for a conversion condominium and the declarant has submitted:

(A)

An affidavit that the notice of conversion was given in accordance with ORS 100.305 and that the notice period has expired;

(B)

An affidavit that the notice of conversion was given in accordance with ORS 100.305 and copies of the written consent of any tenants as provided in ORS 100.305 (6) or a signed statement that no tenants were entitled to notice under ORS 100.305; or

(C)

Any applicable combination of the requirements of subparagraphs (A) and (B) of this paragraph;

(e)

A copy of the plat executed by the declarant and prepared in conformance with ORS 100.115 or plat amendment prepared in conformance with ORS 100.116 is submitted;

(f)

A certification of plat execution, on a form prescribed and furnished by the commissioner, is:

(A)

Executed by the declarant, the professional land surveyor who signed the surveyor’s certificate on the plat, the attorney for the declarant, a representative of the title insurance company that issued the information required under ORS 100.640 (1)(e) or 100.668 (2)(d) or another person authorized by the declarant in writing to execute the certification; and

(B)

Submitted stating that the copy is a true copy of the plat signed by the declarant; and

(g)

A copy of a reserve study has been submitted, if a disclosure statement was issued under ORS 100.655 and the reserve study was not included pursuant to ORS 100.640 (1)(g).

(5)

The commissioner shall approve a supplemental declaration if:

(a)

The supplemental declaration complies with the requirements of ORS 100.120 and other provisions of this chapter;

(b)

The supplemental plat complies with the requirements of ORS 100.115;

(c)

The supplemental declaration is for a conversion condominium and the declarant has complied with the requirements of subsection (4)(d) of this section; and

(d)

A copy of the supplemental plat and a certification of plat execution described in subsection (4)(e) and (f) of this section have been submitted.

(6)

Approval by the commissioner is not required for an amendment to a declaration transferring the right of use of a limited common element pursuant to ORS 100.515 (5).

(7)

Before the commissioner approves the declaration, supplemental declaration or amendment thereto under this section:

(a)

The declarant or other person requesting approval shall pay to the commissioner a fee determined by the commissioner under ORS 100.670; and

(b)

For an amendment or supplemental declaration, the Condominium Information Report and the Annual Report described in ORS 100.260 must be designated current by the Real Estate Agency as provided in ORS 100.255 and the fee required under ORS 100.670 must be paid.

(8)

If the declaration, supplemental declaration or amendment thereto approved by the commissioner under subsection (4) or (5) of this section is not recorded in accordance with ORS 100.115 within one year from the date of approval by the commissioner, the approval automatically expires and the declaration, supplemental declaration or amendment thereto must be resubmitted for approval in accordance with this section. The commissioner’s approval must set forth the date on which the approval expires.

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