reglab/housing_qa huggingface dataset:
OR Rev Stat § 100.417 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.417 - Board of directors of association; powers and duties.

(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 provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377 whether or not the association is incorporated under ORS chapter 65. (2) Subject to subsection (8) of this section, unless otherwise provided in the bylaws, the board of directors of an association may fill vacancies in its membership for the unexpired portion of any term. (3) At least annually, the board of directors of an association shall review the insurance coverage of the association. (4) The board of directors of the association annually shall cause to be filed the necessary income tax returns for the association. (5) The board of directors of the association may record a statement of association information as provided in ORS 94.667. (6) The board of directors, in the name of the association, shall maintain a current mailing address. (7) The board of directors shall cause to be maintained and kept current the information required to enable the association to comply with ORS 100.480 (11). (8)(a) Unless otherwise provided in the declaration or bylaws, at a meeting of the unit owners at which a quorum is present, the unit owners may remove a director from the board of directors, other than directors appointed by the declarant or individuals who are ex officio directors, with or without cause, by a majority vote of unit owners who are present and entitled to vote. (b) Notwithstanding contrary provisions in the declaration or bylaws: (A) Before a vote to remove a director, unit owners must give the director whose removal has been proposed an opportunity to be heard at the meeting. (B) The unit owners must vote on the removal of each director whose removal is proposed as a separate question. (C) Removal of a director by unit owners is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting required under ORS 100.407. (c) A director who is removed by the unit owners remains a director until a successor is elected by the unit owners or the vacancy is filled as provided in subsection (9) of this section. (9) Unless the declaration or bylaws specifically prescribe a different procedure for filling a vacancy created by the removal of a director by unit owners, the unit owners shall fill a vacancy created by the removal of a director by the unit owners at a meeting of unit owners. The notice of the meeting must state that filling a vacancy is an item on the agenda. [1999 c.677 §63; 2001 c.756 §42; 2003 c.569 §32; 2009 c.641 §37; 2011 c.532 §11] Note: 100.417 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 100.418 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.418 - Receivership for failure of association to fill vacancies on board of directors.

(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 county in which the condominium is located to appoint a receiver to manage the affairs of the association. (2) At least 45 days before a unit owner or first mortgagee of a unit requests the circuit court to appoint a receiver under subsection (1) of this section, the unit owner or first mortgagee shall mail, by certified or registered mail, a notice to the association and shall post a copy of the notice at a conspicuous place or places on the property or provide notice by a method otherwise reasonably calculated to inform unit owners of the proposed action. (3) The notice shall be signed by the unit owner or first mortgagee of the unit and include: (a) A description of the intended action. (b) A statement that the intended action is pursuant to this section. (c) The date, not less than 30 days after mailing of the notice, by which the association must fill vacancies on the board sufficient to constitute a quorum. (d) A statement that if the association fails to fill vacancies on the board by the specified date, the unit owner or first mortgagee may file a petition with the court under subsection (1) of this section. (e) A statement that if a receiver is appointed, all expenses of the receivership will be common expenses of the association as provided in subsection (4) of this section. (4) If a receiver is appointed, the salary of the receiver, court costs, attorney fees and all other expenses of the receivership shall be common expenses of the association. (5) A receiver appointed under this section has all of the powers and duties of a duly constituted board of directors and shall serve until a sufficient number of vacancies on the board are filled to constitute a quorum. (6) If at a turnover meeting held in accordance with ORS 100.210 the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors, in addition to the notice requirements specified in subsections (2) and (3) of this section, a unit owner shall give the notice to all other unit owners as provided in the bylaws. (7) Notwithstanding subsections (2) and (3) of this section, in the case of an emergency, the court may waive the notice requirements of subsections (2) and (3) of this section. [2007 c.409 §19; 2017 c.358 §51]
OR Rev Stat § 100.419 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.419 - Assent of director to board action.

(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 because the director claims a conflict of interest. (2) When action is taken on any matter at a meeting of the board of directors, the vote or abstention of each director present must be recorded in the minutes of the meeting. (3) Directors may not vote by proxy or by secret ballot at meetings of the board of directors. (4) Notwithstanding subsection (3) of this section, officers may be elected by secret ballot. [2007 c.409 §22] Note: See note under 100.418.
OR Rev Stat § 100.423 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.423 - Electronic notice to owner or director.

(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 to a unit owner or director under the declaration or bylaws or this chapter, that otherwise complies with this chapter, may be given by electronic mail, facsimile or other form of electronic communication acceptable to the board of directors. (2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of: (a) Failure to pay an assessment; (b) Foreclosure of an association lien under ORS 100.450; (c) An action the association may take against a unit owner; or (d) An offer to use the dispute resolution program under ORS 100.405. (3) A unit owner or director may decline to receive or continue to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or this chapter. (4) Notice by electronic communication under this section is considered delivered and effective when it: (a) Is initiated to an address, location or system designated by the recipient for that purpose; or (b) Is posted on an electronic network and a separate record of the posting has been delivered to the recipient together with instructions regarding how to obtain access to the posting on the electronic network. [2007 c.409 §20; 2021 c.40 §8] Note: See note under 100.418.
OR Rev Stat § 100.427 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.427 - Methods of voting.

(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 or bylaws or this chapter provide otherwise, pursuant to a proxy in accordance with subsection (2) of this section. (d) By written ballot in lieu of a meeting under ORS 100.425. (e) By any other method specified by the declaration or bylaws or this chapter. (2)(a) A proxy: (A) Must be dated and signed by the unit owner; (B) Is not valid if it is undated or purports to be revocable without notice; and (C) Terminates one year after its date unless the proxy specifies a shorter term. (b) The board of directors may not require that a proxy be on a form prescribed by the board. (c) A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association of unit owners or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 100.425. (d) A copy of a proxy in compliance with paragraph (a) of this subsection provided to the association by facsimile, electronic mail or other means of electronic communication utilized by the board of directors is valid. (3)(a) An absentee ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. (b) All solicitations for votes by absentee ballot shall include: (A) Instructions for delivery of the completed absentee ballot, including the delivery location; and (B) Instructions about whether the ballot may be canceled if the ballot has been delivered according to the instructions. (c) An absentee ballot shall be counted as a unit owner present for the purpose of establishing a quorum. (d) Even if an absentee ballot has been delivered to a unit owner, the unit owner may vote in person at a meeting if the unit owner has: (A) Returned the absentee ballot; and (B) Canceled the absentee ballot, if cancellation is permitted in the instructions given under paragraph (b) of this subsection. [1999 c.677 §61; 2003 c.569 §35; 2007 c.409 §28] Note: 100.427 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 100.428 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.428 - Electronic ballot.

(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 or provide for other methods of electronic ballots, the board of directors of an association of unit owners, in the board’s discretion, may provide that a vote, approval or consent of a unit owner may be given by electronic ballot. (3) An electronic ballot shall comply with the requirements of this section and the declaration or bylaws or this chapter. (4) An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 100.423. (5) If an electronic ballot is posted on a website, a notice of the posting shall be sent to each unit owner and shall contain instructions on obtaining access to the posting on the website. (6) A vote made by electronic ballot is effective when it is electronically transmitted to an address, location or system designated by the board of directors for that purpose. (7) Unless otherwise provided in the declaration or bylaws or rules adopted by the board of directors, a vote by electronic ballot may not be revoked. (8) The board of directors may not elect to use electronic ballots unless there are procedures to ensure: (a) Compliance with ORS 100.425 if the vote conducted by written ballot under ORS 100.425 uses the procedures specified in ORS 100.425 (2)(b); and (b) That the electronic ballot is secret, if the declaration or bylaws or rules adopted by the board require that electronic ballots be secret. [2007 c.409 §21] Note: 100.428 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 100.430 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.430 - Unit deeds; contents.

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 of the unit. (3) Any further details the grantor and grantee may consider desirable. [Formerly 94.171]
OR Rev Stat § 100.440 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.440 - Liens against property; removal from lien; effect of part payment.

(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 common elements appertaining thereto, in the same manner and under the same conditions as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership. (2) No labor performed or materials furnished with the consent or at the request of a unit owner, the agent, contractor or subcontractor of the unit owner, shall be the basis for the filing of a mechanic’s or materialman’s lien against the unit of any other unit owner not consenting to or requesting the labor to be performed or the materials to be furnished, except that consent shall be considered given by the owner of any unit in the case of emergency repairs thereto performed or furnished with the consent or at the request of the board of directors. (3) If a lien becomes effective against two or more units, the owner of each unit subject to such a lien shall have the right to have the unit of the owner released from the lien by payment of the amount of the lien attributable to the unit. The amount of the lien attributable to a unit and the payment required to satisfy such a lien, in the absence of agreement, shall be determined by application of the allocation established in the declaration. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce the rights of the lienor against any unit and the undivided interest in the common elements appertaining thereto not so released by payment, satisfaction or discharge. [Formerly 94.185]
OR Rev Stat § 100.445 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.445 - Independent default clauses; option to purchase fee simple interest.

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 defaulted so long as the unit owner has paid the pro rata share of the unit owner of the funds necessary to correct the default or because another unit owner has defaulted. (2) Contain the procedure for the submission of the fee simple interest in the property to the condominium if the lease includes an option for the unit owners to purchase the fee simple interest. (3) Be recorded in the office of the recording officer before the declaration for the property is recorded in accordance with ORS 100.100. [Formerly 94.190; 2001 c.756 §45]
OR Rev Stat § 100.460 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.460 - Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale.

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, acting on behalf of the unit owners, shall have power, unless prohibited by the declaration, to bid in the unit at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. [Formerly 94.202]
OR Rev Stat § 100.465 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.465 - Circumstances in which deed in lieu of foreclosure extinguishes lien.

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 unpaid assessments through the date of recording of the deed in lieu of foreclosure in the following circumstances: (1) Written notice has been given to the association, addressed to the individual authorized to accept service of process sent by first class mail, return receipt requested, notifying the association of the mortgagee or beneficiary’s intent to accept a deed in lieu of foreclosure and stating that the lien of the association may be extinguished in the circumstances specified in this section; and (2) The deed in lieu of foreclosure is recorded not later than 30 days after the date the notice is mailed to the association. [1989 c.595 §36; 2003 c.569 §36a] Note: 100.465 and 100.470 were added to and made a part of ORS 100.005 to 100.910 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 100.470 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.470 - Lien foreclosure; other legal action by declarant, association or owner; attorney fees.

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 Oregon Condominium Act, the condominium declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1989 c.595 §37; 2001 c.756 §46; 2007 c.409 §29] Note: See note under 100.465.
OR Rev Stat § 100.475 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.475 - Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation.

(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 foreclosure of the first mortgage or trust deed, the purchaser, and the successors and assigns of the purchaser, are not liable for any of the assessments against the unit or its owner that became due prior to the acquisition of title to the unit by the purchaser except as specifically provided otherwise in ORS 100.450. The unpaid assessments are a common expense of all the unit owners, including the purchaser and the successors and assigns of the purchaser. (3)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the unit to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantee therefor. (b) Upon request of an owner or owner’s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the unit effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement. (4) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance: (a) May rely upon a written statement of unpaid assessments delivered pursuant to this section; and (b) Is not liable for a failure to pay to the association at closing any amount in excess of the amount set forth in the written statement. (5) During the redemption period that follows an execution sale conducted under ORS 18.860 to 18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period. (6) For purposes of this chapter, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the unit, the certificate holder is deemed the unit owner of the unit sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [Formerly 94.208; 1997 c.816 §11; 2003 c.569 §37; 2015 c.120 §6]
OR Rev Stat § 100.481 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 100 - Condominiums|Section 100.481 - Application of ORS 100.480.

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) Commencing with the fiscal year beginning in calendar year 2004 for the association of unit owners of a condominium created prior to January 1, 2004, if the turnover meeting has occurred on or before January 1, 2004. (3) Commencing with the fiscal year following the turnover meeting for the association of unit owners of a condominium created on or after January 1, 2004. [2003 c.803 §26; 2009 c.641 §39] Note: 100.481 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.