Title 10, Property Rights and Transactions

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: (1) Have the effect of prohibiting or restricting the condom…

(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: (a) A declaration by the Governor that a sev…

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] CREATION OF UNIT OWNERSHIP

(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 accorda…

(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. (2) The fee title interest of a …

(1) After an amendment submitting the fee title interest underlying a leasehold condominium has been recorded as provided in ORS 100.102: (a) The leasehold or leaseholds affecting the fee title interest of the land underlying the condominium property must be converted to individu…

(1) A declaration must contain: (a) A description of the property, including property on which a unit or a limited common element is located, whether held in fee simple, leasehold, easement or other interest or combination thereof, that is being submitted to the condominium form …

(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. (b) Before a declaration, supplem…

(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 sup…

(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. (2)(a) Except as otherwise provided in ORS 100.600, the following must be made by a plat entitled “Plat Amendment”: (A) A change to the b…

(1) As used in this section and ORS 100.118, “document” means the declaration, supplemental declaration or bylaws of a condominium. (2) Notwithstanding a provision in a document or this chapter, a document or an amendment to a document may be corrected by a correction amendment u…

(1) Unless the context requires otherwise, as used in this section “plat” means: (a) A plat recorded under ORS 100.115. (b) Floor plans made part of a plat that was recorded before October 15, 1983. (c) A supplemental plat recorded under ORS 100.115. (d) A plat amendment recorded…

(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: (a) The word “Restated” in the declaration title. (b) All previously adopted amendments that are recorded and in effect. (c) …

(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 th…

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] Note: 100.122 was added…

(1) As used in this section, “document” means a declaration, supplemental declaration or bylaws, or an amendment thereto. (2) A declarant may amend a document in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affa…

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; 2…

(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 subm…

(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. (2) Except as otherwise provided in ORS 100.005 to 100.627, an…

(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 struct…

(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: (a) Reclassify all or a portion of the property designated as variable proper…

(1) If by the termination date specified in the declaration there is any remaining variable property: (a) Any property designated nonwithdrawable variable property becomes part of the common elements and any interest in the property held for security purposes is automatically ext…

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 t…

(1) The declarant, on behalf of the association of unit owners, shall: (a) Conduct an initial reserve study as described in subsection (3) of this section; (b) Prepare an initial maintenance plan as described in subsection (4) of this section; and (c) Establish a reserve account …

(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: (a) Shall exist on a unit and the related limited common elements for not les…

(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…

(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…

(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 th…

(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 transf…

(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…

(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): (a) A Condominium Information Report described in ORS 100.260 (1) by the declarant not later than 90 days after the declaration is recorded u…

(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.” (…

(1) The Condominium Information Report required under ORS 100.250 (1)(a) must set forth: (a) The name of the association; (b) The name of the condominium and the county in which the condominium is located; (c) The mailing address, including the street and number, if any, and coun…

(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…

(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: (a) The board of directors of the association r…

(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: (a) The name of the association as shown on the current records of the Real Estate Agency; (b) The …

(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 statem…

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] Note: See note under 100.250. CONVERSION CONDOMINIUMS

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]

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]

(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 …

(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: (a) …

(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). (2) The declarant may begin imp…

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] ASSOCIATION OF UNIT OWNERS; MANAGEMENT OF PROPERTY; ENCUMBRANCES; CONVEYANCES

(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. (b) The association of a condominium created on or after September 27, 2007, mu…

(1) The association of unit owners shall conduct at least one meeting of the owners each calendar year. (2)(a) Special meetings of the association may be called by the chairperson or president of the board of directors, by a majority of the board of directors or by the chairperso…