ORS 100.130¹
Relocation of unit boundaries and common elements by amendment to declaration

(1) Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by an amendment to the declaration under this section.

(2)(a) The owners of the affected units shall submit to the board of directors of the association a proposed amendment that must:

(A) Include a reference to the recording index numbers and date of recording of the declaration, bylaws, plat and any applicable amendments, supplemental declaration and supplemental plat;

(B) State that the amendment is adopted and recorded under this section;

(C) Identify the units involved;

(D) State any reallocations of common element interest, voting rights, common expense liability and right to common profits; and

(E) Contain words of conveyance.

(b) If the declaration provides that the method of determining any of the reallocations described in paragraph (a)(D) of this subsection is based on the area of the unit, the reallocation must be calculated according to the area of the affected units as originally stated in the declaration, notwithstanding any change in the total area of the affected units. The amendment may not change the allocations of any other units.

(3) The board of directors shall approve the amendment unless it determines within 45 days that the reallocations are unreasonable or the relocation or elimination will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

(4) The board of directors of the association of unit owners may require the owners of the affected units to submit an opinion of a registered architect or registered professional engineer that the proposed relocation or elimination will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

(5) The board of directors of the association or any agent appointed by the board of directors may supervise the work necessary to effect the boundary relocation or elimination.

(6) Any expenses incurred under subsections (4) and (5) of this section shall be charged to the owners of the units requesting the boundary relocation or elimination.

(7) An amendment described in this section is not effective unless:

(a) Executed by the owners and approved by the mortgagees or trust deed beneficiaries of the affected units;

(b) Executed and certified by the association as required in ORS 100.135 (Amendments to declaration) (2);

(c) Approved by the Real Estate Commissioner, county tax collector and county tax assessor as required by ORS 100.110 (Approval of declaration, supplemental declaration or amendment required); and

(d) Recorded in the deed records of each county in which the condominium is located.

(8) An amendment to the plat and any floor plans necessary to show the altered boundaries between the adjoining units shall be recorded in accordance with ORS 100.116 (Plat amendment). [Formerly 94.053; 2003 c.569 §25; 2009 c.641 §46; 2019 c.69 §8]

(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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 100, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano100.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information