ORS 100.005
Definitions


As used in this chapter, unless the context requires otherwise:

(1)

“Acknowledged” means, with respect to a signature on a document or a signed document, that the document is acknowledged in the form and manner provided for the acknowledgment of a deed.

(2)

“Assessment” means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter.

(3)

“Association of unit owners” or “association” means the association provided for under ORS 100.405 (Association of unit owners).

(4)

“Association property” means any real property or interest in real property acquired, held or possessed by the association provided for under ORS 100.405 (Association of unit owners).

(5)

“Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement.

(6)

“Building” means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. “Building” also includes a floating structure described in ORS 100.020 (Condominium provisions) (3)(b)(D).

(7)

“Certified by the association” or “executed by the association” means signed by the secretary and the president or chairperson of the association.

(8)

“Commissioner” means the Real Estate Commissioner.

(9)

“Common elements” means the general common elements and the limited common elements.

(10)

“Common expenses” means:

(a)

Expenses of administration, maintenance, repair or replacement of the common elements; and

(b)

Expenses declared common by this chapter or by the declaration or the bylaws of the particular condominium.

(11)

“Condominium” means:

(a)

With respect to property located within this state:

(A)

The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;

(B)

Any buildings, improvements and structures on the property; and

(C)

Any easements, rights and appurtenances belonging to the property submitted to the condominium form of ownership under this chapter; and

(b)

With respect to property located outside this state, the property that has been committed to the condominium form of ownership in accordance with the jurisdiction within which the property is located.

(12)

“Conversion condominium” means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

(a)

Residential in nature, at least in part; and

(b)

Not wholly commercial or industrial, or commercial and industrial, in nature.

(13)

“Declarant” means a person who records a declaration under ORS 100.100 (Property submitted to unit ownership by declaration) or a supplemental declaration under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required).

(14)

“Declaration” means the instrument described in ORS 100.105 (Contents of declaration) by which the condominium is created and as modified by any amendment recorded in accordance with ORS 100.135 (Amendments to declaration) or supplemental declaration recorded in accordance with ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property).

(15)

“Developer” means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale.

(16)

“Electric vehicle charging station” or “charging station” means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles.

(17)

“Electronic meeting” means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present.

(18)

“Flexible condominium” means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS 100.150 (Declarant’s options until termination date) (1).

(19)

“General common elements,” unless otherwise provided in a declaration, means all portions of the condominium that are not part of a unit or a limited common element, including but not limited to the following:

(a)

The land, whether fee simple, leasehold, easement, other interest or combination thereof, together with any rights and appurtenances;

(b)

The foundations, columns, girders, beams, supports, bearing and shear walls, windows, except glazing and screening, unit access doors, except glazing and screening, roofs, halls, corridors, lobbies, stairs, fire escapes, entrances and exits of a building;

(c)

The basements, yards, gardens, parking areas and outside storage spaces;

(d)

Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, waste disposal and incinerating;

(e)

The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

(f)

The premises for the lodging of janitors or caretakers of the property; and

(g)

All other elements of a building and the condominium necessary or convenient to their existence, maintenance and safety, or normally in common use.

(20)

“Governing document” means articles of incorporation, bylaws, a declaration or a rule, regulation or resolution that was properly adopted by the association of unit owners or any other instrument or plat relating to common ownership or common maintenance of a portion of a condominium that is binding upon units within the condominium.

(21)

“Leasehold” means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS 100.100 (Property submitted to unit ownership by declaration).

(22)

“Limited common elements” means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units.

(23)

“Majority” or “majority of unit owners” means more than 50 percent of the voting rights allocated to the units by the declaration.

(24)

“Mortgagee” means any person who is:

(a)

A mortgagee under a mortgage;

(b)

A beneficiary under a trust deed; or

(c)

The vendor under a land sale contract.

(25)

“Negotiation” means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit.

(26)

“Nonwithdrawable variable property” means property which pursuant to ORS 100.150 (Declarant’s options until termination date) (1)(b):

(a)

Is designated nonwithdrawable in the declaration and on the plat; and

(b)

Which may not be withdrawn from the condominium without the consent of all of the unit owners.

(27)

“Percent of owners” or “percentage of owners” means the percent of the voting rights determined under ORS 100.525 (Voting or consenting).

(28)

“Purchaser” means an actual or prospective purchaser of a condominium unit pursuant to a sale.

(29)

“Recorded” means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located.

(30)

“Recording officer” means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property.

(31)

“Reservation agreement” means an agreement relating to the future sale of a unit which is not binding on the purchaser and which grants purchaser the right to cancel the agreement without penalty and obtain a refund of any funds deposited at any time until purchaser executes a unit sales agreement.

(32)

“Sale” means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. As used in this subsection, “interest or estate” includes a lessee’s interest in a unit for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. “Interest or estate” does not include any interest held for security purposes or a timeshare regulated or otherwise exempt under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation).

(33)

“Special declarant right” means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter.

(34)

“Staged condominium” means a condominium that provides for annexation of additional property pursuant to ORS 100.115 (Recording declaration and plat) and 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property).

(35)

“Successor declarant” means the transferee of any special declarant right.

(36)

“Termination date” means that date described in ORS 100.105 (Contents of declaration) (2)(b) or (7)(d).

(37)

“Transitional committee” means the committee provided for under ORS 100.205 (Transitional committee).

(38)

“Turnover meeting” means the meeting provided for under ORS 100.210 (Turnover meeting).

(39)

“Unit” or “condominium unit” means a part of the property which:

(a)

Is described in ORS 100.020 (Condominium provisions) (3);

(b)

Is intended for any type of independent ownership; and

(c)

The boundaries of which are described pursuant to ORS 100.105 (Contents of declaration) (1)(d).

(40)

“Unit designation” means the number, letter or combination thereof designating a unit in the declaration and on the plat.

(41)

“Unit owner” means, except to the extent the declaration or bylaws provide otherwise, the person owning fee simple interest in a unit, the holder of a vendee’s interest in a unit under a recorded installment contract of sale and, in the case of a leasehold condominium, the holder of the leasehold estate in a unit.

(42)

“Unit sales agreement” means a written offer or agreement for the sale of a condominium unit which when fully executed will be binding on all parties. “Unit sales agreement” includes but is not limited to an earnest money receipt and agreement to purchase and other such agreements which serve as an agreement of sale for a cash transaction or which are preliminary to the execution of an installment contract of sale, but does not include a reservation agreement.

(43)

“Variable property” means property described in ORS 100.150 (Declarant’s options until termination date) (2) and designated as variable property in the declaration and on the plat.

(44)

“Voting rights” means the portion of the votes allocated to a unit by the declaration in accordance with ORS 100.105 (Contents of declaration) (1)(j). [Formerly 94.004; 1997 c.816 §1; 1999 c.677 §38; 2001 c.756 §24; 2007 c.410 §5; 2013 c.438 §5; 2017 c.221 §2; 2017 c.423 §1; 2019 c.69 §34; 2021 c.40 §16]

Source: Section 100.005 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html.

100.005
Definitions
100.010
Short title
100.015
Rules
100.020
Condominium provisions
100.022
Application of zoning, subdivision, building code or real property law to condominium
100.023
Void and unenforceable provisions of condominium governing document
100.025
Rule against perpetuities
100.100
Property submitted to unit ownership by declaration
100.102
Leasehold condominium submitted to unit ownership
100.103
Effect of submission of leasehold condominium to unit ownership
100.105
Contents of declaration
100.110
Approval of declaration, supplemental declaration or amendment required
100.115
Recording declaration and plat
100.116
Plat amendment
100.117
Correction amendment to declaration or bylaws
100.118
Correction amendment to condominium plat
100.119
Restated declaration
100.120
Supplemental declaration and plat required to annex additional property or reclassify variable property
100.122
Declaration prevails over inconsistent provisions of bylaws or articles of incorporation
100.123
Authority to amend declaration or bylaws to comply with federal or state law
100.125
Annexation of additional property
100.130
Relocation of unit boundaries and common elements by amendment to declaration
100.135
Amendments to declaration
100.140
Temporary relocation of floating structure
100.150
Declarant’s options until termination date
100.155
Variable property
100.170
Easement held by declarant
100.175
Reserve account for maintaining, repairing and replacing common elements
100.185
Express warranties
100.200
Declarant control of association
100.205
Transitional committee
100.210
Turnover meeting
100.220
Liabilities and obligations arising from transfer of special declarant right
100.225
Acquisition of special declarant rights by successor declarant
100.250
Documents required to be filed with Real Estate Agency
100.255
Processing of documents filed with Real Estate Agency
100.260
Condominium Information and Annual Reports
100.265
Annual Report
100.275
Application of ORS 100.250 to 100.280
100.280
Termination of filing Condominium Information Report
100.285
Resignation of designated agent
100.290
Rules
100.300
Inapplicability of ORS 100.301 to 100.320 to transient lodgings
100.301
Definitions for ORS 100.301 to 100.320
100.305
Conversion condominium
100.310
Rights of tenants in conversion
100.315
Improvements in conversion condominium during notice period
100.320
Authority of city or county to require developer to pay tenant moving expenses
100.405
Association of unit owners
100.407
Annual and special meetings of association
100.408
Quorum for meeting of association
100.409
Rules of order
100.410
Adoption of bylaws
100.411
Restated bylaws
100.413
Approval of amended or restated bylaws
100.415
Contents of bylaws
100.416
Criteria for board of directors membership
100.417
Board of directors of association
100.418
Receivership for failure of association to fill vacancies on board of directors
100.419
Assent of director to board action
100.420
Board meetings
100.423
Electronic notice to owner or director
100.425
Use of written ballot for approving or rejecting matters subject to meeting of unit owners
100.427
Methods of voting
100.428
Electronic ballot
100.430
Unit deeds
100.435
Insurance for individual units and common elements
100.440
Liens against property
100.445
Independent default clauses
100.450
Association lien against individual unit
100.460
Foreclosure against unit
100.465
Circumstances in which deed in lieu of foreclosure extinguishes lien
100.470
Lien foreclosure
100.475
Personal liability for assessment
100.480
Maintaining documents and records
100.481
Application of ORS 100.480
100.483
Annual budget
100.485
Duration and termination of initial management agreements and service and employment contracts
100.490
Notice to unit owners of intent of association to commence judicial or administrative proceedings
100.505
Status and ownership of units
100.510
Units and common elements distinguished
100.515
Interest of units in common elements
100.520
Easement held by units and common elements
100.525
Voting or consenting
100.530
Allocation of common profits and expenses
100.535
Maintenance and improvement of units
100.540
Use and maintenance of common elements
100.545
Compliance with bylaws and other restrictions
100.550
Service of process
100.555
Taxation of units
100.600
Termination of association or removal of real property by unit owners
100.605
Removal of property from association
100.610
Common ownership of property removed from unit ownership
100.615
Action for partition
100.620
Termination or removal no bar to resubmission
100.625
Procedure for dividing or converting units
100.626
Legislative findings
100.627
Electric vehicle charging stations
100.635
Filing with commissioner
100.640
Filing
100.645
Filing information to be kept current
100.650
Service of process on nonresident developer
100.655
Disclosure statement
100.658
Limited residential condominium filing
100.660
Nonresidential condominium or security filing
100.665
Exemption to certain disclosure and notice requirements
100.668
Documents and information included with filing
100.670
Fees
100.675
Inventory of filing
100.680
Escrow of unit sales agreement
100.685
Contents of unit sales agreement
100.700
Inspection of condominium
100.705
Sale prohibited prior to issuance of disclosure statement
100.710
Inspection deposit
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
100.745
Escrow documents required of successor to vendor’s interest
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
100.785
Blanket encumbrance prohibited
100.900
Civil penalty
100.905
Cease and desist order
100.910
Use of fees
100.920
Changes or actions that require approval or consent of mortgagee
100.990
Criminal penalties
Green check means up to date. Up to date