(a) Is a general partner, officer, director or employee;
(b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;
(c) Controls in any manner the election of a majority of the directors; or
(d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.
(2) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:
(a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed under ORS 100.185. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.
(b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.
(c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.
(3) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:
(a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.
(b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made, including without limitation warranties required under ORS 100.185, by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall:
(A) Comply with any provisions of the declaration and bylaws which pertain to such successor declarant’s ownership of the unit or units and the exercise of any special declarant right;
(B) Comply with the provisions of ORS 100.015 and 100.635 to 100.910 in connection with the sale of any unit or units, except as provided in ORS 100.665; and
(C) Give the warranties described in ORS 100.185 only with respect to common elements or units constructed by the successor declarant.
(4)(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.
(b) A transferor may only recover a transferred special declarant right by execution of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [Formerly 94.097; 2011 c.532 §8; 2017 c.112 §1]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 100.005 - Definitions.
Section 100.020 - Condominium provisions; restrictions.
Section 100.023 - Void and unenforceable provisions of condominium governing document.
Section 100.102 - Leasehold condominium submitted to unit ownership.
Section 100.103 - Effect of submission of leasehold condominium to unit ownership.
Section 100.105 - Contents of declaration; property name; variable property description.
Section 100.116 - Plat amendment; fees.
Section 100.117 - Correction amendment to declaration or bylaws.
Section 100.118 - Correction amendment to condominium plat; fees.
Section 100.119 - Restated declaration; restated assignment of use.
Section 100.123 - Authority to amend declaration or bylaws to comply with federal or state law.
Section 100.130 - Relocation of unit boundaries and common elements by amendment to declaration.
Section 100.135 - Amendments to declaration; requirements; procedure.
Section 100.150 - Declarant’s options until termination date.
Section 100.155 - Variable property; uses and restrictions.
Section 100.200 - Declarant control of association.
Section 100.205 - Transitional committee; notice of meeting for formation.
Section 100.210 - Turnover meeting; notice; transfer of control.
Section 100.225 - Acquisition of special declarant rights by successor declarant; exceptions.
Section 100.250 - Documents required to be filed with Real Estate Agency; fees.
Section 100.255 - Processing of documents filed with Real Estate Agency; procedures.
Section 100.260 - Condominium Information and Annual Reports; contents; fees.
Section 100.265 - Annual Report; notification; filing.
Section 100.275 - Application of ORS 100.250 to 100.280.
Section 100.280 - Termination of filing Condominium Information Report.
Section 100.285 - Resignation of designated agent; procedures; effective date.
Section 100.305 - Conversion condominium; notice.
Section 100.310 - Rights of tenants in conversion.
Section 100.315 - Improvements in conversion condominium during notice period.
Section 100.407 - Annual and special meetings of association.
Section 100.408 - Quorum for meeting of association.
Section 100.409 - Rules of order.
Section 100.410 - Adoption of bylaws; amendment.
Section 100.411 - Restated bylaws.
Section 100.413 - Approval of amended or restated bylaws.
Section 100.415 - Contents of bylaws.
Section 100.416 - Criteria for board of directors membership.
Section 100.417 - Board of directors of association; powers and duties.
Section 100.418 - Receivership for failure of association to fill vacancies on board of directors.
Section 100.419 - Assent of director to board action.
Section 100.420 - Board meetings; executive sessions.
Section 100.423 - Electronic notice to owner or director.
Section 100.427 - Methods of voting.
Section 100.428 - Electronic ballot.
Section 100.430 - Unit deeds; contents.
Section 100.435 - Insurance for individual units and common elements; fidelity bond.
Section 100.440 - Liens against property; removal from lien; effect of part payment.
Section 100.445 - Independent default clauses; option to purchase fee simple interest.
Section 100.465 - Circumstances in which deed in lieu of foreclosure extinguishes lien.
Section 100.481 - Application of ORS 100.480.
Section 100.483 - Annual budget; distribution of budget summary to owners.
Section 100.505 - Status and ownership of units.
Section 100.510 - Units and common elements distinguished.
Section 100.515 - Interest of units in common elements.
Section 100.520 - Easement held by units and common elements.
Section 100.525 - Voting or consenting.
Section 100.535 - Maintenance and improvement of units.
Section 100.540 - Use and maintenance of common elements; access for maintenance.
Section 100.550 - Service of process.
Section 100.555 - Taxation of units; exemptions; uniform appraisal and assessment; rules.
Section 100.610 - Common ownership of property removed from unit ownership; valuation; liens.
Section 100.625 - Procedure for dividing or converting units.
Section 100.626 - Legislative findings.
Section 100.627 - Electric vehicle charging stations.
Section 100.635 - Filing with commissioner; fee.
Section 100.640 - Filing; required documents and information.
Section 100.645 - Filing information to be kept current.
Section 100.658 - Limited residential condominium filing.
Section 100.660 - Nonresidential condominium or security filing; contents.
Section 100.668 - Documents and information included with filing.
Section 100.670 - Fees; hourly rate; deposit.
Section 100.675 - Inventory of filing; review; approval; timelines.
Section 100.680 - Escrow of unit sales agreement.
Section 100.685 - Contents of unit sales agreement.
Section 100.720 - Conditions prerequisite to sale.
Section 100.725 - Documents prerequisite to execution of sale agreement and conveyance of unit.
Section 100.735 - Waiver of right to cancel.
Section 100.740 - Notice to purchaser of cancellation rights; form.
Section 100.745 - Escrow documents required of successor to vendor’s interest.
Section 100.770 - Fraud and deceit prohibited.
Section 100.785 - Blanket encumbrance prohibited.
Section 100.900 - Civil penalty.
Section 100.905 - Cease and desist order; injunction.
Section 100.920 - Changes or actions that require approval or consent of mortgagee.