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:
Section 1 - General Provisions
Section 2 - Creation Of Unit Ownership
Section 3 - Flexible Condominiums
Section 4 - Rights And Duties Of Declarant
Section 5 - Warranties On New Units
Section 6 - Declarant Control; Turnover
Section 7 - Special Declarant Rights
Section 8 - Document Filing
Section 9 - Conversion Condominiums
Section 10 - Association Of Unit Owners; Management Of Property; Encumbrances; Conveyances
Section 11 - Attributes And Duties Of Ownership
Section 12 - Removal Of Property From Unit Ownership
Section 13 - Dividing Or Converting Units
Section 14 - Electric Vehicle Charging Stations
Section 15 - Regulation Of Sales; Filing Requirements
Section 16 - Unit Sales Agreement
Section 17 - Inspection Of Condominium; Disclosure Statement
Section 18 - Requirements For Sale
Section 19 - Prohibited Acts
Section 20 - Enforcement
Section 21 - Miscellaneous
Section 22 - Criminal Penalties
Section Name | Section Number |
---|---|
Definitions | § 100.005 |
Short title | § 100.010 |
Rules | § 100.015 |
Condominium provisions; restrictions | § 100.020 |
Application of zoning, subdivision, building code or real property law to condominium | § 100.022 |
Void and unenforceable provisions of condominium governing document | § 100.023 |
Rule 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 | § 100.100 |
Leasehold condominium submitted to unit ownership | § 100.102 |
Effect of submission of leasehold condominium to unit ownership | § 100.103 |
Contents of declaration; property name; variable property description | § 100.105 |
Approval of declaration, supplemental declaration or amendment required; prerequisites; fee | § 100.110 |
Recording declaration and plat; plat contents; supplemental declaration and plat; fees | § 100.115 |
Plat amendment; fees | § 100.116 |
Correction amendment to declaration or bylaws | § 100.117 |
Correction amendment to condominium plat; fees | § 100.118 |
Restated declaration; restated assignment of use | § 100.119 |
Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date | § 100.120 |
Declaration prevails over inconsistent provisions of bylaws or articles of incorporation | § 100.122 |
Authority to amend declaration or bylaws to comply with federal or state law | § 100.123 |
Annexation of additional property; requirements | § 100.125 |
Relocation of unit boundaries and common elements by amendment to declaration | § 100.130 |
Amendments to declaration; requirements; procedure | § 100.135 |
Temporary relocation of floating structure; security interests upon termination of condominium | § 100.140 | Flexible Condominiums |
Section Name | Section Number |
Declarant's options until termination date | § 100.150 |
Variable property; uses and restrictions | § 100.155 | Rights and Duties of Declarant |
Section Name | Section Number |
Easement held by declarant | § 100.170 |
Reserve 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 | § 100.200 |
Transitional committee; notice of meeting for formation | § 100.205 |
Turnover 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 | § 100.220 |
Acquisition 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 | § 100.250 |
Processing of documents filed with Real Estate Agency; procedures | § 100.255 |
Condominium Information and Annual Reports; contents; fees | § 100.260 |
Annual Report; notification; filing | § 100.265 |
Application of ORS 100.250 to 100.280 | § 100.275 |
Termination of filing Condominium Information Report | § 100.280 |
Resignation of designated agent; procedures; effective date | § 100.285 |
Rules | § 100.290 | Conversion Condominiums |
Section Name | Section Number |
Inapplicability of ORS 100.301 to 100.320 to transient lodgings | § 100.300 |
Definitions for ORS 100.301 to 100.320 | § 100.301 |
Conversion condominium; notice | § 100.305 |
Rights of tenants in conversion | § 100.310 |
Improvements in conversion condominium during notice period | § 100.315 |
Authority 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 | § 100.405 |
Annual and special meetings of association | § 100.407 |
Quorum for meeting of association | § 100.408 |
Rules of order | § 100.409 |
Adoption of bylaws; recording; amendment; approval by commissioner; fee | § 100.410 |
Restated bylaws | § 100.411 |
Annual budget; distribution of budget summary to owners | § 100.412 |
Approval of amended or restated bylaws | § 100.413 |
Contents of bylaws | § 100.415 |
Criteria for board of directors membership | § 100.416 |
Board of directors of association; powers and duties | § 100.417 |
Receivership for failure of association to fill vacancies on board of directors | § 100.418 |
Assent of director to board action | § 100.419 |
Board meetings; executive sessions | § 100.420 |
Electronic notice to owner or director | § 100.423 |
Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions | § 100.425 |
Methods of voting | § 100.427 |
Electronic ballot | § 100.428 |
Unit deeds; contents | § 100.430 |
Insurance for individual units and common elements | § 100.435 |
Liens against property; removal from lien; effect of part payment | § 100.440 |
Independent default clauses; option to purchase fee simple interest | § 100.445 |
Association lien against individual unit; recording notice of claim; foreclosure; priority of lien | § 100.450 |
Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale | § 100.460 |
Circumstances in which deed in lieu of foreclosure extinguishes lien | § 100.465 |
Lien foreclosure; other legal action by declarant, association or owner; attorney fees | § 100.470 |
Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation | § 100.475 |
Maintaining documents and records; annual financial statement; review of financial statement by certified public accountant; availability of documents and records for examination | § 100.480 |
Application of ORS 100.480 | § 100.481 |
Annual budget; distribution of budget summary to owners | § 100.483 |
Duration and termination of initial management agreements and service and employment contracts; applicability of federal condominium law | § 100.485 |
Notice 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 | § 100.505 |
Units and common elements distinguished | § 100.510 |
Interest of units in common elements | § 100.515 |
Easement held by units and common elements | § 100.520 |
Voting or consenting | § 100.525 |
Allocation of common profits and expenses; liability of unit owner; limitation on assessments a gainst declarant; deferral of assessments by declarant | § 100.530 |
Maintenance and improvement of units | § 100.535 |
Use and maintenance of common elements; access for maintenance | § 100.540 |
Compliance with bylaws and other restrictions | § 100.545 |
Service of process | § 100.550 |
Taxation 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 | § 100.600 |
Removal of property from association; repair or removal of property that is damaged or destroyed | § 100.605 |
Common ownership of property removed from unit ownership; valuation; liens | § 100.610 |
Action for partition; division of sale proceeds | § 100.615 |
Termination 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 | § 100.626 |
Electric vehicle charging stations | § 100.627 | Regulation of Sales; Filing Requirements |
Section Name | Section Number |
Filing with commissioner; fee | § 100.635 |
Filing; required documents and information | § 100.640 |
Filing information to be kept current | § 100.645 |
Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner | § 100.650 |
Disclosure statement; contents; disclosure statement from other state; declarant liability limied | § 100.655 |
Limited residential condominium filing | § 100.658 |
Nonresidential condominium or security filing; contents | § 100.660 |
Exemption to certain disclosure and notice requirements | § 100.665 |
Documents and information included with filing | § 100.668 |
Fees; hourly rate; deposit | § 100.670 |
Inventory; review; approval; timelines | § 100.675 | Unit Sales Agreement |
Section Name | Section Number |
Escrow; sales agreement; requirements | § 100.680 |
Contents of unit sales agreement | § 100.685 | Inspection of Condominium; Disclosure Statement |
Section Name | Section Number |
Inspection of condominium; report in disclosure statement | § 100.700 |
Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement | § 100.705 |
Inspection deposit | § 100.710 | Requirements For Sale |
Section Name | Section Number |
Conditions prerequisite to sale | § 100.720 |
Documents prerequisite to execution of sale agreement and conveyance of unit | § 100.725 |
Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability | § 100.730 |
Waiver of right to cancel | § 100.735 |
Notice to purchaser of cancellation rights; form | § 100.740 |
Escrow documents required of successor to vendor's interest | § 100.745 |
Inspection of records | § 100.750 | Prohibiteed Acts |
Section Name | Section Number |
Fraud and deceit prohibited | § 100.770 |
False or misleading advertising prohibited; liability | § 100.775 |
Waiver of legal rights void | § 100.780 |
Blanket encumbrance prohibited | § 100.785 | Enforcement |
Section Name | Section Number |
Civil penalty | § 100.900 |
Cease and desist order; injunction | § 100.905 |
Use of fees | § 100.910 | Miscellaneous |
Section Name | Section Number |
Changes or actions that require approval or consent of mortgagee | § 100.920 | Criminal Penalties |
Section Name | Section Number |
Criminal penalties | § 100.990 |