ORS 100.020
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 100.627 (Electric vehicle charging stations).

(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 100.627 (Electric vehicle charging stations) 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 are 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)

Intentionally left blank —Ed.

(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 59.505 (Provision of records to law enforcement and certain state agencies).

(b)

ORS 100.635 (Filing with commissioner) (1)(b), 100.640 (Filing) (1)(h) to (o), 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 vendor’s 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)

Intentionally left blank —Ed.

(a)

ORS 100.650 (Service of process on nonresident developer), 100.660 (Nonresidential condominium or security filing), 100.670 (Fees), 100.675 (Inventory of filing), 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 59.505 (Provision of records to law enforcement and certain state agencies).

(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 are 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 100.627 (Electric vehicle charging stations).

(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) (1)(b), 100.640 (Filing) (1)(h) to (o), 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 vendor’s 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; 2019 c.69 §37]

Source: Section 100.020 — Condominium provisions; restrictions, 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