Chapter 100 — Chapter 100

ORS 100.005 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 100.010 Short title. This chapter may be cited as the Oregon Condominium Act. [Formerly 94.011]

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ORS 100.015 Regulation by Real Estate Commissioner; rules. The Real Estate Commissioner has the exclusive right to regulate the submission of property to the provisions of this chapter and may adopt such rules as are necessary for the administration of this chapter. [Formerly 94.333; 2023 c.223 §10]

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ORS 100.020 Condominium provisions; restrictions. (1) Except as otherwise provided in subsections (2) and (3) of this section, ORS 100.100 to 100.625 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 to 100.627

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ORS 100.022 Planning and property law do not affect condominium form of ownership. Except as provided under ORS 100.015 or explicitly required or allowed under this chapter, a zoning, subdivision, building code or other regulation by a public body, agency rule or local ordinance or regulation may not

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ORS 100.023 Void and unenforceable provisions of condominium governing document. (1) A provision of a condominium’s governing document or landscaping or architectural guidelines that imposes irrigation requirements on a unit owner or the association is void and unenforceable while any of the following is in effect

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ORS 100.025 Rule against perpetuities; inapplicability. The rule against perpetuities may not be applied to defeat any provisions of a declaration, supplemental declaration, bylaw or rule for a condominium adopted under ORS 100.005 to 100.627. [Formerly 94.016]

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ORS 100.100 Property submitted to unit ownership by declaration; executors of declaration; conflict between this chapter and ORS chapter 65. (1) In order to submit any property to the provisions of this chapter, the declarant shall record a declaration in the office of the recording officer of every county in which such property is located. The declaration shall comply with ORS 100.105 and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of deeds

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ORS 100.102 Leasehold condominium submitted to unit ownership. (1) The owner of fee title interest in the real property underlying a leasehold condominium may submit the fee title to the provisions of this chapter by the procedures set forth in this section. Submission has the effect set forth in ORS 100.103

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ORS 100.103 Effect of submission of leasehold condominium to unit ownership. (1) After an amendment submitting the fee title interest underlying a leasehold condominium has been recorded as provided in ORS 100.102

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ORS 100.105 Contents of declaration; property name; variable property description. (1) A declaration must contain

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ORS 100.110 Approval of declaration, supplemental declaration or amendment required; prerequisites; fee. (1)(a) Before a declaration, supplemental declaration or an amendment thereto may be recorded, it must be approved as provided in this section by the county assessor of the county in which the property is located and the Real Estate Commissioner

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ORS 100.115 Recording declaration and plat; plat contents; supplemental declaration and plat; fees. (1) A plat of the land described in the declaration or a supplemental plat described in a supplemental declaration, complying with ORS 92.050, 92.060 (1) and (2), 92.080 and 92.120, shall be recorded simultaneously with the declaration or supplemental declaration. The plat or supplemental plat shall be titled in accordance with subsection (3) of this section and shall

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ORS 100.116 Plat amendment; fees. (1) A plat, including any floor plans that are a part of a plat, recorded before October 15, 1983, may be amended as provided in this section

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ORS 100.117 Correction amendment to declaration or bylaws. (1) As used in this section and ORS 100.118, “document” means the declaration, supplemental declaration or bylaws of a condominium

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ORS 100.118 Correction amendment to condominium plat; fees. (1) Unless the context requires otherwise, as used in this section “plat” means

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ORS 100.119 Restated declaration; restated assignment of use. (1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include

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ORS 100.120 Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date. (1)(a) To annex additional property to the condominium under ORS 100.125 or to reclassify or redesignate variable property under ORS 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section

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ORS 100.122 Declaration prevails over inconsistent provisions of bylaws or articles of incorporation. In the event of a conflict between the declaration and the bylaws or between the declaration and any articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 100.005 to 100.910. [1999 c.677 §62]

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ORS 100.123 Authority to amend declaration or bylaws to comply with federal or state law. (1) As used in this section, “document” means a declaration, supplemental declaration or bylaws, or an amendment thereto

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ORS 100.125 Annexation of additional property; requirements. Subject to ORS 100.120 (5), if the declaration complies with ORS 100.105 (2), until the termination date, additional property may be annexed to the condominium by the recording of a supplemental declaration and supplemental plat in accordance with ORS 100.115. [Formerly 94.048; 2001 c.756 §30; 2009 c.641 §45; 2019 c.69 §39]

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ORS 100.130 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

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ORS 100.135 Amendments to declaration; requirements; procedure. (1) Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors of the association of unit owners or by at least 30 percent of the unit owners

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ORS 100.140 Temporary relocation of floating structure; security interests upon termination of condominium. (1) A floating structure described in ORS 100.020 (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair or remodeling without affecting its status as a condominium or real property. However, if the floating structure is not returned to its original location within 18 months after the relocation, the condominium shall be terminated or, if there are remaining units, partially terminated pursuant to ORS 100.600 and subsection (2) of this section

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ORS 100.150 Declarant’s options until termination date. (1) With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS 100.115 and 100.120, the declarant may

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ORS 100.155 Variable property; uses and restrictions. (1) If by the termination date specified in the declaration there is any remaining variable property

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ORS 100.170 Easement held by declarant. Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging any obligation of the declarant or exercising any special declarant right, whether arising under the provisions of this chapter or reserved in the declaration or bylaws. [Formerly 94.066]

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ORS 100.175 Reserve account for maintaining, repairing and replacing common elements; reserve study; information required; maintenance plan. (1) The declarant, on behalf of the association of unit owners, shall

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ORS 100.185 Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims. (1) The declarant shall expressly warrant against defects in the plumbing, electrical, mechanical, structural, and all other components of the newly constructed units and common elements. Such warranty

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ORS 100.200 Declarant control of association. (1) Subject to subsection (2) of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of unit owners, during which period a declarant or person designated by the declarant may appoint and remove officers and members of the board of directors and exercise powers and responsibilities otherwise assigned by the declaration, bylaws or the provisions of this chapter to the association, the officers or the board of directors. No formal or written proxy or power of attorney need be required of the unit owners to vest the declarant with such authority. Declarant control may be achieved by allocating in the declaration greater voting rights to a unit owned by the declarant

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ORS 100.205 Transitional committee; notice of meeting for formation. (1) A transitional committee shall be established as provided in this section in a single stage condominium consisting of at least 20 units and in a staged or flexible condominium if the number of units that the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150 totals at least 20

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ORS 100.210 Turnover meeting; 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. If no control has been reserved, the declarant shall call the turnover meeting within 90 days of the earlier of

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ORS 100.220 Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions. (1) As used in this section, “affiliate” means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant. A person “controls” or “is controlled by” a transferor or successor declarant if the person

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ORS 100.225 Acquisition of special declarant rights by successor declarant; exceptions. (1) Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage or beneficiary of a trust deed affecting the declarant’s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of such transferor’s interest in the condominium, unless

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ORS 100.250 Documents required to be filed with Real Estate Agency; fees. (1) The following shall be delivered to the Real Estate Agency for filing on behalf of the association in accordance with ORS 100.260 (5)

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ORS 100.255 Processing of documents filed with Real Estate Agency; procedures. (1) If after review the Real Estate Agency determines that a report or amendment submitted for filing under ORS 100.250 (1) satisfies the requirements of ORS 100.260, and all fees have been paid, the Real Estate Agency shall file the document and designate the filing “current.”

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ORS 100.260 Condominium Information and Annual Reports; contents; fees. (1) The Condominium Information Report required under ORS 100.250 (1)(a) must set forth

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ORS 100.265 Annual Report; notification; filing. (1) Not less than 30 days before the report date, the Real Estate Agency shall notify the association of the pending Annual Report filing requirements and indicate the date by which the report is due. By rule, the agency may send this notice by first-class mail or electronic mail to the association’s address in the current records of the agency. Failure of the association to receive the notice does not relieve the association of its duties under ORS 100.250 (1)

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ORS 100.275 Application of ORS 100.250 to 100.280. (1) Subject to ORS 100.550 (3), ORS 100.250 to 100.280, including the filing of a Condominium Information Report described in ORS 100.260 (1), apply to property submitted to the provisions of this chapter before October 3, 1989, if

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ORS 100.280 Termination of filing Condominium Information Report. (1) An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (1). The application shall satisfy the requirements of ORS 100.260 (5) and set forth

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ORS 100.285 Resignation of designated agent; procedures; effective date. (1) The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with the filing fee prescribed in ORS 100.250 and giving notice in the form of a copy of the statement to the association. The statement shall include the name of the association and the name of the condominium and the county in which the condominium is located

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ORS 100.290 Rules. The Real Estate Agency may adopt rules as are necessary or proper for the administration of ORS 100.250 to 100.280. [1989 c.595 §44; 1995 c.31 §11]

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ORS 100.300 Inapplicability of ORS 100.301 to 100.320 to transient lodgings. ORS 100.301 to 100.320 do not apply to units rented as transient lodgings at a hotel, motel or inn and do not apply to negotiations, arrangements or agreements for such transient occupancy of the units. [Formerly 94.109]

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ORS 100.301 Definitions for ORS 100.301 to 100.320. As used in ORS 100.301 to 100.320, “dwelling unit” and “tenant” have the meanings given those terms in ORS 90.100. [2007 c.410 §10]

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ORS 100.305 Conversion condominium; notice. (1) A declarant of a conversion condominium shall give each of the existing tenants of any building which the declarant intends to submit to the provisions of this chapter notice of the conversion at least 120 days before the conversion condominium is submitted to the provisions of this chapter. Thereafter, until the property is submitted to the provisions of this chapter, the declarant shall provide a copy of such notice to any new tenant before the commencement of the tenancy. The notice of conversion shall

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ORS 100.310 Rights of tenants in conversion. (1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in its physical layout, the declarant shall first offer to sell the respective unit to the tenant who occupies the unit. The offer shall

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ORS 100.315 Improvements in conversion condominium during notice period. (1) The declarant may not begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in a conversion condominium unit without the tenant’s permission during the 120-day notice period prescribed by ORS 100.305 (1)

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ORS 100.320 Authority of city or county to require developer to pay tenant moving expenses. A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit. [Formerly 94.134]

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ORS 100.405 Association of unit owners; powers; granting of interest in common elements; dispute resolution. (1)(a) An association of unit owners must be organized to serve as a means through which the unit owners may take action with regard to the administration, management and operation of the condominium

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ORS 100.407 Annual and special meetings of association. (1) The association of unit owners shall conduct at least one meeting of the owners each calendar year

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