Title 10, Property Rights and Transactions

(1) Unless the bylaws specify a greater percentage, a quorum for any meeting of the association of unit owners consists of the number of persons who are entitled to cast 20 percent of the voting rights. (2) If any meeting of the association of unit owners cannot be organized beca…

(1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order publishe…

(1) The declarant shall adopt and execute on behalf of the association of unit owners the initial bylaws that govern the administration of the condominium. The bylaws must be approved by the Real Estate Commissioner and recorded simultaneously with the declaration as an exhibit o…

(1) An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include: (a) The words “Restated Bylaws” in the title of the bylaws; (b) All previously adopted am…

(1)(a) For bylaws recorded before October 3, 1989, an amendment to the bylaws recorded on or after October 4, 1977, and before October 3, 1989, is not effective unless approved by the Real Estate Commissioner. (b) Within five years after the recording of bylaws recorded on or aft…

(1) The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for: (a) The organization of the association of unit owners in accordance with ORS 100.405, when the initial meeting must be held and the method of calling that meeting. (b) I…

(1) Each member of the board of directors of the association of unit owners must be an individual and, except as provided in subsections (2) and (3) of this section, an owner or co-owner of a unit in the condominium. (2) A director appointed by a declarant under ORS 100.200 need …

(1) The board of directors of an association of unit owners may act on behalf of the association except as limited by the declaration or bylaws. In the performance of their duties, officers and members of the board of directors shall be governed by this section and the applicable…

(1) Subject to subsection (2) of this section, if an association of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, a unit owner or a first mortgagee of a unit may request the circuit court of the coun…

(1) A director of an association of unit owners who is present at a meeting of the board of directors at which action is taken on any association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action b…

(1) Except as provided in subsection (2) of this section, all meetings of the board of directors are open to unit owners’ attendance. An owner does not have any right to participate in a meeting except as may be provided by the governing documents or the board. (2)(a) The board m…

(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or this chapter, in the discretion of the board of directors of the association of unit owners, any notice, information or other written material required to be given…

(1) Unless prohibited or limited by the declaration, articles of incorporation or bylaws, any action that may be taken at any annual, regular or special meeting of the association of unit owners may be taken without a meeting if the association delivers a written ballot to every …

(1) The voting rights or consent of a unit owner may be cast or given: (a) In person at a meeting of the association of unit owners. (b) In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section. (c) Unless the declaration o…

(1) As used in this section, “electronic ballot” means a ballot given by: (a) Electronic mail; (b) Facsimile transmission; (c) Posting on a website; or (d) Other means of electronic communication acceptable to the board of directors. (2) Unless the declaration or bylaws prohibit …

The deed of a unit shall contain: (1) The name of the property, and the recording index numbers and date of recording of the declaration and in the case of a staged or flexible condominium, the applicable supplemental declaration or declaration amendment. (2) The unit designation…

(1) If the bylaws provide that the association of unit owners has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or that a unit must be repaired or reconstructed, the board of directors shall obtain and maintain at all times and shal…

(1) Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the …

Where a leasehold interest is submitted to the provisions of this chapter, the master lease shall: (1) Contain independent default clauses, the effect of which shall be that a unit owner cannot be evicted because the board of directors of the association of unit owners has defaul…

(1) Whenever an association of unit owners levies any assessment against a unit, the association of unit owners shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for any unpaid assessments. The lien includes int…

In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent. The board of directors, ac…

Unless the declarations or bylaws otherwise provide, a deed in lieu of foreclosure accepted by the holder of a first mortgage or the beneficiary of a first deed of trust in respect to a condominium unit shall have the effect of extinguishing a lien of the association securing unp…

In any suit or action brought by an association of unit owners to foreclose its lien or to collect delinquent assessments or in any suit or action brought by declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of the Oreg…

(1) Except as provided in subsection (5) of this section, a unit owner is personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners. (2) If the purchaser of a unit obtains title to the unit as a result of forecl…

(1) An association of unit owners shall retain within this state the documents, information and records delivered to the association under ORS 100.210 and all other records of the association for not less than the period specified for the record in ORS 65.771 or any other applica…

The requirements of ORS 100.480 (5) first apply: (1) Commencing with the fiscal year following the turnover meeting for the association of unit owners of a condominium created prior to January 1, 2004, if the turnover meeting has not yet occurred on January 1, 2004. (2) Commencin…

(1) The board of directors at least annually shall adopt a budget for the association of unit owners. (2) The budget shall include moneys required to be allocated to the reserve account under ORS 100.175. (3) Within 30 days after adopting the annual budget for the association, th…

(1) Except as provided in subsection (2) of this section, if entered into prior to the turnover meeting of the condominium, no management agreement, service contract or employment contract that is directly made by or on behalf of the association, the board of directors or the uni…

(1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 100.405 (4)(e)(E), the association of unit owners shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the ow…

(1) While the property is submitted to the provisions of this chapter, a unit may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts inter vivos or mortis causa, as if it were sole and entirely independ…

Unless otherwise provided in the declaration: (1) The walls, floors and ceilings are the boundaries of a unit. (2) All lath, furring, wallboard, plaster-board, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finis…

(1) Each unit shall be entitled to an undivided interest in the common elements in the allocation expressed in the declaration. Such allocation shall be expressed as a fraction or percentage of undivided interest in the common elements. Except as otherwise provided in this chapte…

(1) Except as otherwise provided in the declaration, each unit shall have an easement through each other unit and through the common elements for utility, wiring, heat, plumbing and other service elements, and for reasonable access required to effectuate and continue proper opera…

(1) Unless otherwise provided in the declaration, each unit of a condominium is entitled to one vote. (2) Unless otherwise provided in the declaration or bylaws: (a) An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with resp…

(1) Unless otherwise provided in the declaration, the common profits of the property are distributed among, and the common expenses are charged to, the unit owners according to the allocation of undivided interest of each unit in the common elements. (2) A unit owner, by the owne…

(1) Subject to subsections (5) and (6) of this section and any additional limitations contained in the declaration or bylaws, a unit owner: (a) May make any improvements or alterations to the unit of the unit owner that do not impair the structural integrity or mechanical systems…

ORS 12.135 (4), 100.210 (5)(r) and 100.417 (8) do not apply to a condominium for which each unit owner is responsible for the interior and exterior of the owner’s unit. [2025 c.578 §6] Note: 100.538 was added to and made a part of ORS chapter 100 by legislative action but was not…

(1) Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach upon the lawful rights of the other unit owners. (2) Unless otherwise provided in the declaration or bylaws: (a) The responsibility for main…

Each unit owner and the declarant shall comply with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the unit. Failure to comply therewith shall be groun…

(1) Service of process in any action relating to the condominium may be made on: (a) If the condominium was submitted to the provisions of this chapter before October 3, 1989, the person designated in the declaration to receive service of process; (b) The person named as designat…

(1)(a) Each unit with its allocation of undivided interest in the common elements shall be considered a parcel of real property, whether fee simple, leasehold, easement or other interest or combination thereof, subject to separate assessment and taxation by any taxing unit in lik…

(1)(a) Subject to ORS 100.605, the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter by executing and recording an instrument to that effect and the holders of all liens affecting the units consent thereto or agree, in…

(1) If 90 percent of the unit owners agree that the property is obsolete and shall be sold, the property shall be considered removed from the provisions of this chapter. (2) Except where the declaration or bylaws provide to the contrary, if all or part of the property is damaged …

(1) If the property is removed from the provisions of this chapter, as provided by ORS 100.600 (1) and 100.605, the property shall be considered owned in common by all the unit owners. The respective interest of a unit owner shall be the total of the fair market value of the unit…

If the property is removed from the provisions of this chapter, as provided in ORS 100.600 and 100.605, it shall be subject to an action for partition at the suit of any unit owner. The net proceeds of sale, together with the net proceeds of the insurance on the property, if any,…

The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. [Formerly 94.318] DIVIDING OR CONVERTING UNITS