2011 ORS § 100.020¹
Condominium provisions
  • restrictions

(1) Except as otherwise provided in subsections (2) and (3) of this section, ORS 100.100 (Property submitted to unit ownership by declaration) to 100.625 (Procedure for dividing or converting units) 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 (Definitions) to 100.625 (Procedure for dividing or converting units).

(2) Unless the declarant elects otherwise, ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements), 100.185 (Express warranties), 100.200 (Declarant control of association) (2), 100.205 (Transitional committee), 100.210 (Turnover meeting), 100.300 (Inapplicability of ORS 100.301 to 100.320 to transient lodgings), 100.305 (Conversion condominium), 100.310 (Rights of tenants in conversion), 100.315 (Improvements in conversion condominium during notice period) and 100.320 (Authority of city or county to require developer to pay tenant moving expenses) apply only to condominiums that include units to be used for residential purposes.

(3) Property may not be submitted to the condominium form of ownership under ORS 100.005 (Definitions) to 100.625 (Procedure for dividing or converting units) unless:

(a) Each unit has legal access to a public street or highway or, if the unit has such access only by virtue of common ownership with other units, the declaration executed under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) prohibits conveyance of the unit unless after conveyance the unit will continue to have legal access to a public street or highway;

(b) Subject to paragraph (c) of this subsection, each unit consists of:

(A) A building or part of a building;

(B) A space used for the parking or storage of automobiles, trucks, boats, campers or other vehicles or equipment;

(C) A space for the moorage of a watercraft, floating home or other structure; or

(D) A floating structure, including a structure formerly used as a ship or other vessel that:

(i) Is permanently moored to structures in a river, lake or other waterway pursuant to a long-term lease with a remaining term at the time the declaration and plat are recorded of not less than 15 years;

(ii) Contains two or more residential units with a combined floor space of not less than 2,000 square feet; and

(iii) Has upland common elements owned in fee or by leasehold having a remaining term of not less than the remaining term of the leasehold on the submerged or submersible land. The units in a condominium described in this subparagraph shall be considered real property for purposes of the Oregon Condominium Act; and

(c) Each unit has an interest in the common elements in accordance with ORS 100.515 (Interest of units in common elements). However, a unit may not include any portion of the land. A declaration may not provide that there are no common elements.

(4)(a) Except as otherwise provided in subsection (5) of this section, ORS 100.015 (Rules) and 100.635 (Filing with commissioner) to 100.910 (Use of fees) apply to condominiums having units to be used for residential purposes which are not offered for sale as a security pursuant to ORS 59.005 (Short title) to 59.451 (Prohibition against filing false statement by person under investigation or examination).

(b) ORS 100.635 (Filing with commissioner) (2), 100.640 (Filing) (8) to (12), 100.655 (Disclosure statement), 100.705 (Sale prohibited prior to issuance of disclosure statement), 100.720 (Conditions prerequisite to sale), 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit), 100.730 (Cancellation of sale of unit), 100.735 (Waiver of right to cancel), 100.740 (Notice to purchaser of cancellation rights) and 100.745 (Escrow documents required of successor to vendors interest) do not apply to the sale of units to be used for nonresidential purposes as provided in subsection (5) of this section unless the units, including units used for parking or storage, are ancillary to the sale of units to be used for residential purposes.

(5)(a) ORS 100.650 (Service of process on nonresident developer), 100.660 (Nonresidential condominium or security filing), 100.670 (Fees), 100.675 (Inventory), 100.750 (Inspection of records), 100.770 (Fraud and deceit prohibited), 100.775 (False or misleading advertising prohibited), 100.780 (Waiver of legal rights void), 100.900 (Civil penalty), 100.905 (Cease and desist order) and 100.990 (Criminal penalties) apply to a condominium located in this state that consists exclusively of units to be used for nonresidential purposes or that consists of units to be offered for sale as a security under ORS 59.005 (Short title) to 59.451 (Prohibition against filing false statement by person under investigation or examination).

(b) As used in this subsection, nonresidential purposes includes apartments within a condominium in which the apartments are not separate units or units that are restricted in use by the unit owner to less than full-time residential purposes.

(6) The units in a condominium described in subsection (3)(b)(C) and (D) of this section shall be considered real property for purposes of this chapter.

(7) Unless the declaration or bylaws provide otherwise, a condominium unit may be submitted to the condominium form of ownership under ORS 100.005 (Definitions) to 100.625 (Procedure for dividing or converting units).

(8) If an association creates not more than two additional units from common elements by an amendment to the declaration under ORS 100.135 (Amendments to declaration), then ORS 100.635 (Filing with commissioner) (2), 100.640 (Filing) (8) to (12), 100.655 (Disclosure statement), 100.705 (Sale prohibited prior to issuance of disclosure statement), 100.720 (Conditions prerequisite to sale), 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit), 100.730 (Cancellation of sale of unit), 100.735 (Waiver of right to cancel) and 100.745 (Escrow documents required of successor to vendors interest) do not apply to the sale of the units by the association. [Formerly 94.013; 1997 c.816 §2; 1999 c.677 §39; 2001 c.756 §25; 2007 c.410 §6; 2009 c.641 §20]