2011 ORS § 100.530¹
Allocation of common profits and expenses
- • liability of unit owner
- • limitation on assessments against declarant
- • deferral of assessments by declarant
(1) Unless otherwise provided in the declaration, the common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners according to the allocation of undivided interest of each unit in the common elements.
(2) No unit owner by the owners own action may claim exemption from liability for contribution towards the common expenses by waiver by the owner of the use or enjoyment of any of the common elements or by abandonment by the owner of the owners unit. An owner may not claim an offset against an assessment for failure of the association to perform its obligations.
(3) Subject to subsection (4) of this section:
(a) The declarant shall pay assessments due for operating expenses on all unsold units:
(A) From the date of conveyance of the first unit in the condominium; and
(B) For a staged or flexible condominium, from the date of recording the applicable supplemental declaration and supplemental plat recorded pursuant to ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property).
(b) From the date of conveyance of the first unit in the condominium, the declarant shall pay assessments due for reserves on all unsold units.
(c) The declarant may defer payment of accrued assessments for reserves required under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) for a unit until the date the unit is conveyed. However, the declarant may not defer payment of accrued assessments for reserves:
(A) Beyond the date of the turnover meeting provided for in the bylaws in accordance with ORS 100.210 (Turnover meeting); or
(B) If a turnover meeting is not held, the date the owners assume administrative control of the association.
(d) Failure of the declarant to deposit the balance due within 30 days after the due date constitutes a violation under ORS 100.545 (Compliance with bylaws and other restrictions).
(e) The books and records of the association shall reflect the amount the declarant owes for all reserve account assessments.
(4)(a) The association may not assess units owned by the declarant for additional capital improvements without the written consent of the declarant as long as:
(A) In a single stage condominium, the declarant owns more than two units or five percent of the units, whichever is greater.
(B) In a staged or flexible condominium, the declarant owns more than two units or five percent of the units submitted to the provisions of this chapter, whichever is greater, or the termination date has not expired.
(b) The declarant may waive the declarants right of consent provided in paragraph (a) of this subsection.
(5)(a) Except with respect to assessments for reserves required by ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements), a declaration or bylaws may provide that, until the turnover meeting, the declarant may elect to defer commencement of all or part of common expense assessments as to all units in a condominium or as to all units in a stage of a condominium or as to all units created by a supplemental declaration and plat pursuant to ORS 100.150 (Declarants options until termination date).
(b) If a declarant so elects to defer commencement of all or part of common expense assessments, declarant shall pay as they accrue and be responsible for all or part of the common expenses attributable to the condominium or attributable to the stage of the condominium or the units and common elements created by such supplemental declaration and plat for which assessments have been deferred, until assessments commence for all common expenses.
(c) The declarant shall give not less than 10 days written notice to all affected unit owners prior to the commencement of common expense assessments if such a deferral occurs.
(6) If the board of directors determines that any loss or cost incurred by the association is the fault of one or more owners, the association may assess the amount of the loss or cost exclusively against the units of the responsible owners. [Formerly 94.260; 1999 c.677 §53; 2001 c.756 §51; 2009 c.641 §33]