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 100.490 Notice to unit owners of intent of association to commence judicial or administrative proceedings; contents of notice; right of unit owner to opt out

(1)

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:

(a)

Be mailed to the mailing address of each unit or to the mailing addresses designated by the owners in writing to the association;

(b)

Inform each owner of the general nature of the litigation or proceeding;

(c)

Describe the specific nature of the damages to be sought on the owner’s behalf;

(d)

Set forth the terms under which the association is willing to seek damages on the owner’s behalf, including any mechanism proposed for the determination and distribution of any damages recovered;

(e)

Inform each owner of the owner’s right not to have the damages sought on the owner’s behalf and specify the procedure for exercising the right; and

(f)

Inform the owner that exercising the owner’s right not to have damages sought on the owner’s behalf:

(A)

Relieves the association of its duty to reimburse or indemnify the owner for the damages;

(B)

Does not relieve the owner from the owner’s obligation to pay dues or assessments relating to the litigation or proceeding;

(C)

Does not impair any easement owned or possessed by the association; and

(D)

Does not interfere with the association’s right to make repairs to common elements.

(2)

Within 10 days of mailing the notice described in this section, any owner may request in writing that the association not seek damages on the owner’s behalf. If an owner makes such a request, the association shall not make or continue any claim or action for damages with regard to the objecting owner’s unit or interest and shall be relieved of any duty to reimburse or indemnify the owner for damages under the litigation or proceeding.

Note: 100.490 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 explanation.

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.