Oregon Condominium Act

HOPB-2.jpg

The Oregon Condominium Act is a set of laws that govern the creation, ownership, and operation of condominiums in the state of Oregon. It outlines the rights and responsibilities of condominium owners and developers and provides a framework for the formation of condominium associations. The Act also establishes guidelines for the sale and transfer of condominiums and provides rules for the management and maintenance of condominiums. The purpose of the Oregon Condominium Act is to ensure that condominiums are developed and managed in a manner that is fair, equitable, and beneficial to all involved.

The Oregon Condominium Act is broken down into the following sections:

General Provisions

Section Name Section Number Definitions§ 100.005Short title§ 100.010Rules§ 100.015Condominium provisions; restrictions§ 100.020Application of zoning, subdivision, building code or real property law to condominium§ 100.022Void and unenforceable provisions of condominium governing document§ 100.023Rule against perpetuities; inapplicable§ 100.025

Creation of Unit Ownership

Section Name Section Number Property submitted to unit ownership by declaration; executors of declaration; conflict between this chapter and ORS chapter 65§ 100.100Leasehold condominium submitted to unit ownership§ 100.102Effect of submission of leasehold condominium to unit ownership§ 100.103Contents of declaration; property name; variable property description§ 100.105Approval of declaration, supplemental declaration or amendment required; prerequisites; fee§ 100.110Recording declaration and plat; plat contents; supplemental declaration and plat; fees§ 100.115Plat amendment; fees§ 100.116Correction amendment to declaration or bylaws§ 100.117Correction amendment to condominium plat; fees§ 100.118Restated declaration; restated assignment of use§ 100.119Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date§ 100.120Declaration prevails over inconsistent provisions of bylaws or articles of incorporation§ 100.122Authority to amend declaration or bylaws to comply with federal or state law§ 100.123Annexation of additional property; requirements§ 100.125Relocation of unit boundaries and common elements by amendment to declaration§ 100.130Amendments to declaration; requirements; procedure§ 100.135Temporary relocation of floating structure; security interests upon termination of condominium§ 100.140

Flexible Condominiums

Section Name Section Number Declarant's options until termination date§ 100.150Variable property; uses and restrictions§ 100.155

Rights and Duties of Declarant

Section Name Section Number Easement held by declarant§ 100.170Reserve account for maintaining, repairing and replacing common elements; reserve study; maintenace plan§ 100.175

Warranties On New Units

Section Name Section Number Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims§ 100.185

Declarant Control; Turnover

Section Name Section Number Declarant control of association§ 100.200Transitional committee; notice of meeting for formation§ 100.205Turnover meeting; notice; transfer of control§ 100.210

Special Declarant Rights

Section Name Section Number Liabilities and obligations arising from transfer of special declarant right; exemptions§ 100.220Acquisition of special declarant rights by successor declarant; exceptions§ 100.225

Document Filings

Section Name Section Number Documents required to be filed with Real Estate Agency; fees§ 100.250Processing of documents filed with Real Estate Agency; procedures§ 100.255Condominium Information and Annual Reports; contents; fees§ 100.260Annual Report; notification; filing§ 100.265Application of ORS 100.250 to 100.280§ 100.275Termination of filing Condominium Information Report§ 100.280Resignation of designated agent; procedures; effective date§ 100.285Rules§ 100.290

Conversion Condominiums

Section Name Section Number Inapplicability of ORS 100.301 to 100.320 to transient lodgings§ 100.300Definitions for ORS 100.301 to 100.320§ 100.301Conversion condominium; notice§ 100.305Rights of tenants in conversion§ 100.310Improvements in conversion condominium during notice period§ 100.315Authority of city or county to require developer to pay tenant moving expenses§ 100.320

Association of Unit Owners; Management of Property; Encumbrances; Conveyances

Section Name Section Number Association of unit owners; powers; granting of interest in common elements; dispute resolution§ 100.405Annual and special meetings of association§ 100.407Quorum for meeting of association§ 100.408Rules of order§ 100.409Adoption of bylaws; recording; amendment; approval by commissioner; fee§ 100.410Restated bylaws§ 100.411Annual budget; distribution of budget summary to owners§ 100.412Approval of amended or restated bylaws§ 100.413Contents of bylaws§ 100.415Criteria for board of directors membership§ 100.416Board of directors of association; powers and duties§ 100.417Receivership for failure of association to fill vacancies on board of directors§ 100.418Assent of director to board action§ 100.419Board meetings; executive sessions§ 100.420Electronic notice to owner or director§ 100.423Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions§ 100.425Methods of voting§ 100.427Electronic ballot§ 100.428Unit deeds; contents§ 100.430Insurance for individual units and common elements§ 100.435Liens against property; removal from lien; effect of part payment§ 100.440Independent default clauses; option to purchase fee simple interest§ 100.445Association lien against individual unit; recording notice of claim; foreclosure; priority of lien§ 100.450Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale§ 100.460Circumstances in which deed in lieu of foreclosure extinguishes lien§ 100.465Lien foreclosure; other legal action by declarant, association or owner; attorney fees§ 100.470Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation§ 100.475Maintaining documents and records; annual financial statement; review of financial statement by certified public accountant; availability of documents and records for examination§ 100.480Application of ORS 100.480§ 100.481Annual budget; distribution of budget summary to owners§ 100.483Duration and termination of initial management agreements and service and employment contracts; applicability of federal condominium law§ 100.485Notice to unit owners of intent of association to commence judicial or administrative proceedings; contents of notice; right of unit owner to opt out§ 100.490

Attributes and Duties of Ownership

Section Name Section Number Status and ownership of units§ 100.505Units and common elements distinguished§ 100.510Interest of units in common elements§ 100.515Easement held by units and common elements§ 100.520Voting or consenting§ 100.525Allocation of common profits and expenses; liability of unit owner; limitation on assessments a gainst declarant; deferral of assessments by declarant§ 100.530Maintenance and improvement of units§ 100.535Use and maintenance of common elements; access for maintenance§ 100.540Compliance with bylaws and other restrictions§ 100.545Service of process§ 100.550Taxation of units; exemptions; uniform appraisal and assessment; rules§ 100.555

Removal of Property from unit Ownership

Section Name Section Number Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements§ 100.600Removal of property from association; repair or removal of property that is damaged or destroyed§ 100.605Common ownership of property removed from unit ownership; valuation; liens§ 100.610Action for partition; division of sale proceeds§ 100.615Termination or removal no bar to resubmission§ 100.620

Dividing or Converting Units

Section Name Section Number Procedure for dividing or converting units§ 100.625

Electric Vehicle Charging Stations

Section Name Section Number Legislative findings§ 100.626Electric vehicle charging stations§ 100.627

Regulation of Sales; Filing Requirements

Section Name Section Number Filing with commissioner; fee§ 100.635Filing; required documents and information§ 100.640Filing information to be kept current§ 100.645Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner§ 100.650Disclosure statement; contents; disclosure statement from other state; declarant liability limied§ 100.655Limited residential condominium filing§ 100.658Nonresidential condominium or security filing; contents§ 100.660Exemption to certain disclosure and notice requirements§ 100.665Documents and information included with filing§ 100.668Fees; hourly rate; deposit§ 100.670Inventory; review; approval; timelines§ 100.675

Unit Sales Agreement

Section Name Section Number Escrow; sales agreement; requirements§ 100.680Contents of unit sales agreement§ 100.685

Inspection of Condominium; Disclosure Statement

Section Name Section Number Inspection of condominium; report in disclosure statement§ 100.700Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement§ 100.705Inspection deposit§ 100.710

Requirements For Sale

Section Name Section Number Conditions prerequisite to sale§ 100.720Documents prerequisite to execution of sale agreement and conveyance of unit§ 100.725Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability§ 100.730Waiver of right to cancel§ 100.735Notice to purchaser of cancellation rights; form§ 100.740Escrow documents required of successor to vendor's interest§ 100.745Inspection of records§ 100.750

Prohibiteed Acts

Section Name Section Number Fraud and deceit prohibited§ 100.770False or misleading advertising prohibited; liability§ 100.775Waiver of legal rights void§ 100.780Blanket encumbrance prohibited§ 100.785

Enforcement

Section Name Section Number Civil penalty§ 100.900Cease and desist order; injunction§ 100.905Use of fees§ 100.910

Miscellaneous

Section Name Section Number Changes or actions that require approval or consent of mortgagee§ 100.920