2011 ORS § 100.475¹
Personal liability for assessment
- • joint liability of grantor and grantee following conveyance
- • limitation
(1) A unit owner shall be personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners.
(2) Where the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, such purchaser, the successors and assigns of the purchaser, shall not be liable for any of the assessments against such unit or its owner which became due prior to the acquisition of title to such unit by such purchaser except as specifically provided otherwise in ORS 100.450 (Association lien against individual unit). Such unpaid assessments shall be a common expense of all the unit owners including such purchaser, the successors and assigns of the purchaser.
(3)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the unit to the time of the grant or conveyance, without prejudice to the grantees right to recover from the grantor the amounts paid by the grantee therefor.
(b) Upon request of an owner or owners agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the unit effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement.
(4) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:
(a) May rely upon a written statement of unpaid assessments delivered pursuant to this section; and
(b) Is not liable for a failure to pay to the association at closing any amount in excess of the amount set forth in the written statement. [Formerly 94.208; 1997 c.816 §11; 2003 c.569 §37]