2015 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 100.627 (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 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 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)(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 100.627 (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) (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 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]

(formerly 94.004 to 94.480)

See also annota­tions under ORS 91.505 to 91.675 in permanent edi­tion.

Notes of Decisions

Even if declara­tions filed for purpose of bringing develop­ment within condominium law were defective for failure to conform to statutory require­ments, develop­ment was not vitiated but deficiencies would constitute mis­take in transac­tion thus making instru­ment eligible for reforma­tion in equity. Dickey v. Barnes, Mossberg, 268 Or 226, 519 P2d 1252 (1974)

Developers of planned unit develop­ments which are not organized as condominiums cannot claim the tax advantages of the Unit Ownership Law. Brooks Resources v. Dept. of Rev., 276 Or 1177, 558 P2d 312 (1976)

Purchasers of condominium units are automatically members of the unit owners associa­tion and subject to its declara­tion and bylaws; where those declara­tions and bylaws provide discre­tion to the Board of Directors to assess for fees necessary to create a "unified plan for the develop­ment and opera­tion" of the condominium, and the purchaser has alleged no abuse of discre­tion, the judg­ment of the Board of Directors is upheld. Assn. of Unit Owners of the Inn of the Seventh Mountain v. Gruenfeld, 277 Or 259, 560 P2d 641 (1977)

Acquisi­tion of prop­erty by condominium associa­tion is not limited to prop­erty subject to annexa­tion require­ments. Gier's Liquor v. Associa­tion of Unit Owners, 124 Or App 365, 862 P2d 560 (1993)

Law Review Cita­tions

16 WLR 253 (1979)

Chapter 100

Notes of Decisions

This chapter does not authorize regula­tion by the Real Estate Division of sales of "right to use" time share interests in condominiums. Royal Aloha Partners v. Real Estate Division, 59 Or App 564, 651 P2d 1350 (1982)

Law Review Cita­tions

18 WLR 95 (1982)


1 Legislative Counsel Committee, CHAPTER 100—Condominiums, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors100.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 100, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano100.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.