ORS § 100.005

Current through 2024 Regular Session legislation

Section 100.005 - Definitions

As used in this chapter, unless the context requires otherwise:

(1) "Acknowledged" means, with respect to a signature on a document or a signed document, that the document is acknowledged in the form and manner provided for the acknowledgment of a deed.

(2) "Assessment" means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter.

(3) "Association of unit owners" or "association" means the association provided for under ORS 100.405.

(4) "Association property" means any real property or interest in real property acquired, held or possessed by the association provided for under ORS 100.405.

(5) "Blanket encumbrance" means a trust deed or mortgage or any other lien or encumbrance, mechanic's lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement.

(6) "Building" means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. "Building" also includes a floating structure described in ORS 100.020(3)(b)(D).

(7) "Certified by the association" or "executed by the association" means signed by the secretary and the president or chairperson of the association.

(8) "Commissioner" means the Real Estate Commissioner.

(9) "Common elements" means the general common elements and the limited common elements.

(10) "Common expenses" means:

(a) Expenses of administration, maintenance, repair or replacement of the common elements; and

(b) Expenses declared common by this chapter or by the declaration or the bylaws of the particular condominium.

(11) "Condominium" means:

(a) With respect to property located within this state:

(A) The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;

(B) Any buildings, improvements and structures on the property; and

(C) Any easements, rights and appurtenances belonging to the property submitted to the condominium form of ownership under this chapter; and

(b) With respect to property located outside this state, the property that has been committed to the condominium form of ownership in accordance with the jurisdiction within which the property is located.

(12) "Conversion condominium" means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

(a) Residential in nature, at least in part; and

(b) Not wholly commercial or industrial, or commercial and industrial, in nature.

(13) "Declarant" means a person who records a declaration under ORS 100.100 or a supplemental declaration under ORS 100.110.

(14) "Declaration" means the instrument described in ORS 100.105 by which the condominium is created and as modified by any amendment recorded in accordance with ORS 100.135 or supplemental declaration recorded in accordance with ORS 100.120.

(15) "Developer" means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale.

(16) "Electric vehicle charging station" or "charging station" means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles.

(17) "Electronic meeting" means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present.

(18) "Flexible condominium" means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS 100.150(1).

(19) "General common elements," unless otherwise provided in a declaration, means all portions of the condominium that are not part of a unit or a limited common element, including but not limited to the following:

(a) The land, whether fee simple, leasehold, easement, other interest or combination thereof, together with any rights and appurtenances;

(b) The foundations, columns, girders, beams, supports, bearing and shear walls, windows, except glazing and screening, unit access doors, except glazing and screening, roofs, halls, corridors, lobbies, stairs, fire escapes, entrances and exits of a building;

(c) The basements, yards, gardens, parking areas and outside storage spaces;

(d) Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, waste disposal and incinerating;

(e) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

(f) The premises for the lodging of janitors or caretakers of the property; and

(g) All other elements of a building and the condominium necessary or convenient to their existence, maintenance and safety, or normally in common use.

(20) "Governing document" means articles of incorporation, bylaws, a declaration or a rule, regulation or resolution that was properly adopted by the association of unit owners or any other instrument or plat relating to common ownership or common maintenance of a portion of a condominium that is binding upon units within the condominium.

(21) "Leasehold" means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS 100.100.

(22) "Limited common elements" means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units.

(23) "Majority" or "majority of unit owners" means more than 50 percent of the voting rights allocated to the units by the declaration.

(24) "Mortgagee" means any person who is:

(a) A mortgagee under a mortgage;

(b) A beneficiary under a trust deed; or

(c) The vendor under a land sale contract.

(25) "Negotiation" means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit.

(26) "Nonwithdrawable variable property" means property which pursuant to ORS 100.150(1)(b):

(a) Is designated nonwithdrawable in the declaration and on the plat; and

(b) Which may not be withdrawn from the condominium without the consent of all of the unit owners.

(27) "Percent of owners" or "percentage of owners" means the percent of the voting rights determined under ORS 100.525.

(28) "Purchaser" means an actual or prospective purchaser of a condominium unit pursuant to a sale.

(29) "Recorded" means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located.

(30) "Recording officer" means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property.

(31) "Reservation agreement" means an agreement relating to the future sale of a unit which is not binding on the purchaser and which grants purchaser the right to cancel the agreement without penalty and obtain a refund of any funds deposited at any time until purchaser executes a unit sales agreement.

(32) "Sale" means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. As used in this subsection, "interest or estate" includes a lessee's interest in a unit for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. "Interest or estate" does not include any interest held for security purposes or a timeshare regulated or otherwise exempt under ORS 94.803 and 94.807 to 94.945.

(33) "Special declarant right" means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter.

(34) "Staged condominium" means a condominium that provides for annexation of additional property pursuant to ORS 100.115 and 100.120.

(35) "Successor declarant" means the transferee of any special declarant right.

(36) "Termination date" means that date described in ORS 100.105(2)(b) or (7)(d).

(37) "Transitional committee" means the committee provided for under ORS 100.205.

(38) "Turnover meeting" means the meeting provided for under ORS 100.210.

(39) "Unit" or "condominium unit" means a part of the property which:

(a) Is described in ORS 100.020(3);

(b) Is intended for any type of independent ownership; and

(c) The boundaries of which are described pursuant to ORS 100.105(1)(d).

(40) "Unit designation" means the number, letter or combination thereof designating a unit in the declaration and on the plat.

(41) "Unit owner" means, except to the extent the declaration or bylaws provide otherwise, the person owning fee simple interest in a unit, the holder of a vendee's interest in a unit under a recorded installment contract of sale and, in the case of a leasehold condominium, the holder of the leasehold estate in a unit.

(42) "Unit sales agreement" means a written offer or agreement for the sale of a condominium unit which when fully executed will be binding on all parties. "Unit sales agreement" includes but is not limited to an earnest money receipt and agreement to purchase and other such agreements which serve as an agreement of sale for a cash transaction or which are preliminary to the execution of an installment contract of sale, but does not include a reservation agreement.

(43) "Variable property" means property described in ORS 100.150(2) and designated as variable property in the declaration and on the plat.

(44) "Voting rights" means the portion of the votes allocated to a unit by the declaration in accordance with ORS 100.105(1)(j).

ORS 100.005

Amended by 2021 Ch. 40,§ 16, eff. 5/19/2021.

Amended by 2019 Ch. 69,§ 34, eff. 1/1/2020.

Amended by 2017 Ch. 221,§ 2, eff. 1/1/2018.

Amended by 2013 Ch. 438,§ 5, eff. 1/1/2014.

Formerly 94.004; 1997 c.816 §1; 1999 c.677 §38; 2001 c.756 §24; 2007 c. 410, § 5