- • notice
- • transfer of control
(1) A turnover meeting shall be called by the declarant within 90 days of the expiration of any period of declarant control reserved in the declaration or bylaws under ORS 100.200 (Declarant control of association). If no control has been reserved, the declarant shall call the turnover meeting within 90 days of the earlier of:
(a) In a single stage condominium, three years from the date of conveyance of the first unit to a person other than a successor declarant or conveyance of 50 percent of the units.
(b) In a staged or flexible condominium, seven years from the date of conveyance of the first unit to a person other than the declarant or conveyance to persons other than a successor declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date).
(2) The declarant shall give notice of the turnover meeting in accordance with the bylaws of the condominium to each unit owner at least 10 but not more than 50 days prior to the meeting. The notice shall state the purpose of the meeting and the time and place where it is to be held.
(3) If the meeting required under subsection (1) of this section is not called by the declarant within the time specified, the meeting may be called and notice given by a unit owner or any first mortgagee of a unit.
(4) At the turnover meeting:
(a) The declarant shall relinquish control of the administration of the association of unit owners and the unit owners shall assume the control;
(b) If a quorum of the unit owners is present, the unit owners shall elect not fewer than the number of directors sufficient to constitute a quorum of the board of directors in accordance with the declaration or bylaws of the condominium; and
(c) The declarant shall deliver to the association the items specified in subsection (5) of this section.
(5) At the turnover meeting the declarant shall deliver to the association all property of the unit owners and the association of unit owners held or controlled by the declarant including, but not limited to, the following items, if applicable:
(a) The original or a photocopy of the recorded declaration and bylaws of the condominium and any supplements and amendments thereto.
(b) A copy of the articles of incorporation.
(c) The minute books, including all minutes, and other books and records of the association.
(d) The reserve study, the maintenance plan and all updates described in ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) and other sources of information that serve as a basis for calculating reserves in accordance with ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements).
(e) Any rules and regulations which have been promulgated.
(f) Resignations of officers and members of the board of directors who are required to resign because of the expiration of any period of declarant control reserved under ORS 100.200 (Declarant control of association).
(g) A financial statement. The financial statement:
(A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.
(B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.
(h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (Allocation of common profits and expenses) (3)(b) and any bank signature cards.
(i) All tangible personal property that is property of the association and an inventory of such property.
(j) A copy of the following, if available:
(A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.
(B) The original specifications indicating thereon all material changes.
(C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.
(D) Any other plans and information relevant to future repair or maintenance of the property.
(k) Insurance policies.
(L) Copies of any occupancy permits which have been issued for the condominium.
(m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.
(n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.
(o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.
(p) Leases of the common elements and any other leases to which the association is a party.
(q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.
(r) Any other contracts to which the association of unit owners is a party.
(6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.
(7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant is not responsible for the failure of the unit owners to elect the number of directors sufficient to constitute a quorum of the board of directors and assume control of the association in accordance with subsection (4) of this section. The declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.
(8) If the unit owners present do not constitute a quorum or the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors at the turnover meeting held in accordance with subsection (1) of this section:
(a) At any time before the election of the number of directors sufficient to constitute a quorum, a unit owner or first mortgagee of a unit may call a special meeting for the purpose of election of directors and shall give notice of the meeting in accordance with the notice requirements in the bylaws for special meetings. The unit owners and first mortgagees present at the special meeting shall select a person to preside over the meeting.
(b) A unit owner or first mortgagee of a unit may request a court to appoint a receiver as provided in ORS 100.418 (Receivership for failure of association to fill vacancies on board of directors). [Formerly 94.091; 1999 c.677 §46; 2001 c.756 §36; 2003 c.803 §21; 2007 c.409 §24]
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