Oregon Law
Law as of Jan 1, 2024
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 of association to commence judicial or administrative proceedings; contents of notice; right of unit owner to opt out 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 100.540Use 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 100.415 Contents of bylaws

(1)

The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for:

(a)

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.

(b)

If required under ORS 100.205, the formation of a transitional committee in accordance with such section.

(c)

The turnover meeting required under ORS 100.210, including when the meeting must be called, the method of calling the meeting, the right of a unit owner under ORS 100.210 (3) to call the meeting and a statement of the purpose of the meeting.

(d)(A)

The method of calling the annual meeting and all other meetings of the unit owners in accordance with ORS 100.407; and

(B)

The percentage of owners that constitutes a quorum under ORS 100.408.

(e)(A)

The election of a board of directors and the number of persons constituting the board;

(B)

The terms of office of directors;

(C)

The powers and duties of the board;

(D)

The compensation, if any, of the directors;

(E)

The method of removal from office of directors under ORS 100.417; and

(F)

The method of filling vacancies on the board.

(f)

The method of calling meetings of the board of directors in accordance with ORS 100.420 and a statement that all meetings of the board of directors of the association of unit owners must be open to unit owners.

(g)

The election of a chairperson or president, a secretary, a treasurer and any other officers of the association and any qualifications required of each officer.

(h)

The preparation and adoption of a budget in accordance with ORS 100.483.

(i)(A)

The maintenance, repair and replacement of the common elements and association property;

(B)

Payment for the expense of maintenance, repair and replacement of common elements and association property and other expenses of the condominium in accordance with ORS 100.530; and

(C)

The method of approving payment vouchers.

(j)

The employment of personnel necessary for the maintenance and repair of the common elements.

(k)

The manner of collecting assessments from the unit owners.

(L)

Insurance coverage in accordance with ORS 100.435 and the responsibility for payment of the amount of the deductible in an association insurance policy.

(m)

The preparation and distribution of the annual financial statement in accordance with ORS 100.480.

(n)

The reserve account and the preparation, review and update of the reserve study and the maintenance plan required under

ORS 100.175.

(o)

The filing of an Annual Report and any amendment with the Real Estate Agency in accordance with ORS 100.250.

(p)

The method of adopting and of amending administrative rules and regulations governing the details of the operation of the condominium and use of the common elements.

(q)

Restrictions on and requirements respecting the enjoyment and maintenance of the units and the common elements as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.

(r)

Any restrictions on use or occupancy of units. Any such restrictions created by documents other than the bylaws may be incorporated by reference in the bylaws to the official records of the county in which the property is located.

(s)

The method of amending the bylaws in accordance with ORS 100.410 and 100.413.

(t)

Any other details regarding the property that the declarant considers desirable. However, if a provision required to be in the declaration under ORS 100.105 is included in the bylaws, the voting requirements for amending the declaration also govern the amendment of the provision in the bylaws.

(u)

In the event additional units are proposed to be annexed or created pursuant to ORS 100.125 or 100.150, the method of apportioning common expenses in the event new units are added during the course of the fiscal year.

(2)

The bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [Formerly 94.158; 1995 c.31 §12; 1999 c.677 §48; 2001 c.756 §41; 2007 c.409 §30; 2009 c.641 §27; 2019 c.69 §16] (Temporary provisions relating to removing discriminatory language from declarations and bylaws)

Note: Sections 5 and 6, chapter 67, Oregon Laws

2021, provide: Sec. 5. Section 6 of this 2021 Act is added to and made a part of ORS chapter 100. [2021 c.67 §5] Sec. 6. (1) On or before December 31, 2024, each association of a condominium first established before September 1, 2021, that includes units used for residential purposes shall review the declaration and bylaws of the condominium and shall:

(a)

Amend each document as necessary to remove all restrictions against the use of the condominium or the units not allowed under ORS 93.270 (2) as provided under section 25 of this 2023 Act [93.271]; or

(b)

Execute and record a certification that the association has reviewed the declaration and bylaws of the condominium and that the documents do not contain any restriction, rule or regulation against the use of the condominium or the units by a person or group of persons because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

(2)

A certification under subsection (1)(b) of this section:

(a)

May be recorded without the vote of the owners or the board members; and

(b)

Must be in substantially the following form: __________________________________________

CERTIFICATION OF COMPLIANCE

WITH ORS 93.270 (2).

Pursuant to section 6, chapter 67, Oregon Laws 2021, the undersigned states: 1. The undersigned are the president and secretary for the condominium owners association

(name)

in County. 2. The declaration was first recorded under instrument number (or book and page number) recorded on . The declaration was most recently

amended or restated, if ever, under instrument number recorded on . 3. The bylaws were first recorded, if ever, under instrument number (or book and page number) recorded on . The bylaws were most recently amended or restated, if ever, under instrument number recorded on . 4. The undersigned have determined that the current declarations and bylaws of the condominium, as last amended or revised, conform with ORS 93.270 (2) and that there are no provisions that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits. Any such provision that may inadvertently remain is void and unenforceable. 5. Under this section, a vote of the association is not required. 6. The description of the real property in County affected by this document is: Dated this day of 20 . Name: President, (association name) Dated this day of 20 . Name: Secretary, (association name)

STATE OF OREGON )

) ss. County of ) The foregoing instrument was acknowledged before me this day of 20 by and . Notary Public for Oregon My commission expires: __________________________________________ [2021 c.67 §6; 2021 c.367 §5c; 2023 c.223 §27]

Note: Section 28, chapter 223, Oregon Laws 2023,

provides: Sec. 28. (1) The amendments to sections 4 and 6, chapter 67, Oregon Laws 2021, by sections 26 and 27 of this 2023 Act are intended to extend the deadline for compliance with those sections and to clarify the process by which associations may comply with those sections.

(2)

Sections 4 and 6, chapter 67, Oregon Laws 2021, as amended by sections 26 and 27 of this 2023 Act, do not apply to a planned community or condominium that:

(a)

Was established on or after September 1, 2021; or

(b)

Complied with the requirements of section 4 or 6, chapter 67, Oregon Laws 2021, that were in effect before the effective date of this 2023 Act [June 30, 2023], notwithstanding the former deadline for compliance of December 31, 2022.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.