reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.850 - Legislative findings and declaration.

(1) The Legislative Assembly finds that:
(a) 49 U.S.C. 14501(c)(1) limits the authority of the state and political subdivisions of the state to enact or enforce laws or ordinances related to price, route or service of motor carriers with respect to the transportation of property.
(b) 49 U.S.C. 14501(c)(2)(A) exempts, from the limits described in paragraph (a) of this subsection, safety regulations with respect to motor vehicles.
(c) 49 U.S.C. 14501(c)(2)(C) exempts, from the limits described in paragraph (a) of this subsection, laws or ordinances relating to the price of for-hire motor vehicle transportation by a tow truck if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.
(2) The Legislative Assembly declares that:
(a) Statutes that assist members of the public in avoiding involuntary loss of use of motor vehicles and in expediting recovery of motor vehicles and the personal property in the motor vehicles promote the safety and welfare of members of the public.
(b) ORS 98.810 to 98.818 do not preempt any authority that a local government, as defined in ORS 174.116, may have to regulate the price of for-hire motor vehicle transportation by a tow vehicle if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle. [2007 c.538 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.852 - Definitions for ORS 98.853 to 98.862.

As used in ORS 98.853 to 98.862:
(1) "Business day" means Mondays through Friday, excluding legal holidays.
(2) "Consideration" has the meaning given that term in ORS 171.725.
(3) "Law enforcement agency" has the meaning given that term in ORS 131.915.
(4) "Motor vehicle" has the meaning given that term in ORS 801.360.
(5) "Parking facility" has the meaning given that term in ORS 98.805.
(6) "Personal property of an emergency nature" includes, but is not limited to, prescription medication, eyeglasses, hearing aids, clothing, identification, a wallet, a purse, a credit card, a checkbook, cash and child safety car and booster seats.
(7) "Tower" means a person that:
(a) Owns or operates a tow vehicle for profit; or
(b) Is employed by a person that owns or operates a tow vehicle for profit.
(8) "Tow vehicle" has the meaning given that term in ORS 801.530. [2007 c.538 §2; 2017 c.480 §6; 2017 c.523 §1; 2019 c.13 §24]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.853 - Conditions allowing towing; conditions requiring release of vehicle.

(1) A tower may tow a motor vehicle if the motor vehicle:
(a) Blocks or prevents access by emergency vehicles;
(b) Blocks or prevents entry to the premises;
(c) Blocks a parked motor vehicle; or
(d) Parks without permission in a parking facility used for residents of an apartment and:
(A) There are more residential units than there are parking spaces;
(B) The landlord has issued parking tags or other devices that identify vehicles that are authorized to be parked on the premises; and
(C) There are signs posted that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility prohibiting or restricting public parking on the parking facility.
(2) Prior to towing a motor vehicle pursuant to ORS 98.812, a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow. The tower shall maintain for at least two years, in electronic or printed form, each photograph taken along with the date and time of the photograph. Upon request, the tower shall provide a copy of any photographs to the owner or operator of the motor vehicle at no additional charge.
(3)(a) If the owner or operator of the motor vehicle is present at the time of the tow, the tower shall release the motor vehicle at no charge unless the hookup is complete. If the hookup is complete, the tower shall release the motor vehicle and may charge the owner or operator of the motor vehicle a fee that does not exceed the charge to hook up for that type of tow as listed in a written statement described in ORS 98.856.
(b) For purposes of this subsection, a hookup is complete if the motor vehicle to be towed has been loaded onto a tow vehicle, or if any part of the motor vehicle has been placed on or connected to an assembly that is part of a tow vehicle, such that the tow vehicle is capable of being in motion with the motor vehicle in tow.
(4) A tower who controls or has access to multiple storage facilities must tow a motor vehicle to the tower’s storage facility with available space that is located in the same county as and is closest to where the motor vehicle was hooked up to the tow vehicle. [2017 c.480 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.856 - Tower responsibility of disclosure to owner or operator of vehicle.

(1) A tower shall disclose to the owner or operator of a motor vehicle in a conspicuous written statement of at least 10-point boldfaced type:
(a) The prices the tower charges for all the goods and services that the tower offers;
(b) The location where the tower will:
(A) Store the motor vehicle and personal property in the motor vehicle; or
(B) Tow the motor vehicle, if the tower is towing the motor vehicle to a location other than a location under the control of the tower;
(c) The telephone number and any other means of contacting the tower, and the hours of availability at that telephone number and at the other means of contacting the tower;
(d) The methods of payment that the tower accepts; and
(e) That, if the owner or operator of the motor vehicle pays for the tow with cash, the tower will provide, in person or by mail, exact change not later than the end of the business day following receipt of payment.
(2) If the owner or operator is present at the time of the tow, the tower shall provide the information required under this section to the owner or operator of the motor vehicle before towing the motor vehicle.
(3) If the owner or operator of the motor vehicle is not present at the time of the tow, the tower shall provide the information required under this section to the owner or person in lawful possession of the motor vehicle prior to the time the owner or person in lawful possession of the motor vehicle redeems the motor vehicle.
(4) If the owner or operator of the motor vehicle is not present at the time of the tow:
(a) Within five business days from the date of the tow, the tower shall request the name and address of the owner of the motor vehicle from the records of the state motor vehicle agency for the state in which the motor vehicle is registered.
(b) The tower shall provide the information required under this section to the owner of the motor vehicle by mail by the end of the first business day following receipt of the information contained in the records of the state motor vehicle agency.
(c) If the owner of the motor vehicle or a person in lawful possession of the motor vehicle redeems the motor vehicle or contacts the tower prior to five business days after the tow, the tower is not required to contact the state motor vehicle agency.
(5) If the owner or operator of the motor vehicle is not present at the time of the tow but the owner or operator of the motor vehicle requested the tow and arranged to pay the tower directly, the tower may obtain the name and address of the owner of the motor vehicle from the owner or operator of the motor vehicle and may provide the information required under this section:
(a) Within five business days after the tow; or
(b) With a copy of the invoice for the tow or upon receipt of payment, whichever first occurs. [2007 c.538 §4; 2009 c.622 §3; 2017 c.480 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.857 - Recovery of stolen vehicle; tower responsibility to notify owner.

(1) After a motor vehicle reported as stolen is recovered by a law enforcement agency, the agency shall share the owner’s contact information, including home address and telephone number, from either the Law Enforcement Data System or the stolen vehicle police report, with any tower that assumes control of the vehicle. The contact information may be used only for the purposes described in subsection (2) of this section.
(2) As soon as is practicable after recovering the motor vehicle, the tower shall attempt to provide notice to the owner of the stolen motor vehicle:
(a) That the motor vehicle has been recovered; and
(b) Of the current location of the vehicle.
(3) Fees charged by the tower for storage of a stolen motor vehicle may not begin to accrue until the date that the tower first attempts to notify the owner of the stolen motor vehicle under subsection (2) of this section. [2017 c.523 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.858 - Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature.

(1) A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower has towed to:
(a) Redeem or inspect the motor vehicle:
(A) Between 8 a.m. and 6 p.m. on business days;
(B) At all other hours, within 60 minutes after asking the tower to release or allow for the inspection of the motor vehicle; and
(C) Within 30 minutes of a time mutually agreed upon between the tower and the owner or person in lawful possession of the motor vehicle;
(b) Contact the tower at any time to receive information about the location of the motor vehicle and instructions for obtaining release of the motor vehicle; and
(c) Obtain all personal property of an emergency nature in the motor vehicle and the motor vehicle’s registration plates within the time allowed under paragraph (a) of this subsection.
(2) A tower may not charge the owner or person in lawful possession of the motor vehicle a fee in any amount to obtain personal property of an emergency nature or registration plates except for a gate fee between the hours of 6 p.m. and 8 a.m. on business days, or on a Saturday, a Sunday or a legal holiday. [2007 c.538 §5; 2017 c.480 §11; 2017 c.523 §8; 2019 c.13 §25; 2019 c.17 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.859 - Maximum rates for towing; process for complaints; exceptions.

(1) Each city or county may establish the maximum rates that a tower may charge for towing a motor vehicle, and for all related services for towing a motor vehicle, in response to a request for towing of a vehicle parked within the city or county that is made by a person other than the owner or operator of the motor vehicle. The rates for related services include charges for hookup, storage, gas mileage, pictures, unlocking the motor vehicle and any other services reasonably related to towing as determined by the city or county. Rates established by a city or county under this subsection apply in all portions of the city or county.
(2) When establishing the maximum rates under this section, the city or county shall take into consideration the size of the motor vehicle towed and the distance traveled by the tower from the location of the motor vehicle to a storage facility.
(3) Each city or county that establishes maximum rates under this section shall also establish a process by which the city or county will receive and respond to complaints relating to violations of this section.
(4) If a city establishes the maximum rates under this section, the county rates do not apply to towing a vehicle that is parked within the boundaries of that city and the tower is required to comply with only the city’s established maximum rates. [2013 c.691 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.860 - Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s good-faith release of vehicle.

(1) For purposes of this section, an insurance company undertaking to adjust a claim involving a towed motor vehicle is a person in lawful possession and entitled to release of the motor vehicle if:
(a) The insurance company has obtained permission from the owner or another person in lawful possession of the motor vehicle to secure release of the motor vehicle; and
(b) The insurance company transmits to the tower by facsimile or electronic mail a document that reasonably identifies the insurance company as a person in lawful possession and directs the tower to release the motor vehicle to a person designated by the insurance company.
(2) A tower who, in good faith, releases a motor vehicle under subsection (1) of this section is not liable for damages for releasing the motor vehicle to a person designated by the insurance company or for damages that arise after release of the motor vehicle.
(3) This section does not prohibit a tower from releasing a motor vehicle to an insurance company in a manner other than that provided for in subsection (1) of this section. [2007 c.538 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.861 - Licenses for towing; fees.

(1) Subject to subsection (5) of this section:
(a) A tower may not tow vehicles parked within the boundaries of a city without a license issued by the city, if the city has established the maximum rates that a tower may charge under ORS 98.859.
(b) A tower may not tow vehicles parked within the boundaries of a county without a license issued by the county, if the county has established the maximum rates that a tower may charge under ORS 98.859. The tower is not required to obtain a license from a county when the tower tows a vehicle that is parked within the boundaries of a city located within the county and the tower is licensed by that city.
(2) Application for a license under this section must be made in writing in the form prescribed by the city or county, and must contain the name and address of the applicant and any other information that the city or county may require.
(3) The fee for issuing a license under this section shall be established by the city or county, but may not exceed the cost of administering the licensing program and administering ORS 98.859.
(4) A license issued under this section expires annually on December 31 or on a date that may be specified by the city or county by ordinance.
(5) The requirement to get a license under this section applies only to towers that tow a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.
(6) A city or county may suspend or revoke a license issued under this section for violation of ORS 98.853, 98.854, 98.856 or 98.859. [2013 c.691 §4; 2017 c.480 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.862 - Exceptions to requirements of ORS 98.856.

A tower need not provide the written information required under ORS 98.856 if:
(1) The motor vehicle is towed from a parking facility where the tower has provided the information on signs that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility.
(2) The tower is hired or otherwise engaged by an agency taking custody of a vehicle under ORS 819.140.
(3) The tower tows the motor vehicle under a prenegotiated payment agreement between the tower and a motor vehicle road service company or an insurance company.
(4) The tower is hired or otherwise engaged by a business entity at the request of the owner or operator of the motor vehicle to tow the motor vehicle. [2007 c.538 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.991 - Penalties relating to unclaimed property.

(1) Any person who willfully fails to render any report or perform other duties required under this Act is guilty of a misdemeanor.
(2) Any person who willfully refuses to pay or deliver unclaimed property to the State Treasurer as required under this Act is guilty of a misdemeanor. [1957 c.670 §36; 1993 c.694 §22; 2019 c.678 §29]
Note:
See note under 98.432.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.992 - Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436.

A person who willfully fails to render any report, to pay or deliver property or to perform other duties required by ORS 98.302 to 98.436 and 98.992 may be required to forfeit and pay to the State Treasurer to be deposited in the Unclaimed Property and Estates Fund, an amount determined by the State Treasurer pursuant to ORS 183.745 of not more than $1,000 for individuals and $50,000 for corporations. This penalty shall be assessed only after at least one reporting cycle, and only after the State Treasurer has provided the person with written instructions, including copies of applicable laws and policies. The State Treasurer may waive any penalty due under this section with appropriate justification. [1993 c.694 §25; 2019 c.678 §30; 2021 c.424 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 099 - Property Removed by High Water › Section 99.010 - Procedure for reclaiming property placed on another’s land by high water.

When the fence rails or other property of any person in this state is removed by high water and lodged upon the land of another, the owner of the property removed may, except as provided in ORS 99.050, proceed upon the premises where such property is lodged within four months after the removal. If the proprietor of the land refuses to deliver up the property, the parties shall each select an arbitrator who shall examine or hear evidence upon all the circumstances and facts and determine the case. If the arbitrators cannot agree, they shall select an umpire, and the decision of a majority of them shall be final between the parties.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 099 - Property Removed by High Water › Section 99.020 - Oath of arbitrators.

Before the arbitrators proceed as provided in ORS 99.010, they shall be sworn to discharge their duties faithfully, impartially and according to law by a person having power to administer oaths.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 099 - Property Removed by High Water › Section 99.030 - Procedure when five or more claimants.

When five or more persons claim property as provided in ORS 99.010, they shall give notice to all interested of the time and place of such arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to each claimant such a portion of the property as the arbitrators deem reasonable and just.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 099 - Property Removed by High Water › Section 99.040 - Entry to reclaim not a trespass.

It is not considered a trespass for any person to go upon the land of another for the purpose mentioned in ORS 99.010 to 99.030 if such person shall, if practicable, go upon such route as will do the least possible injury to the land.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 099 - Property Removed by High Water › Section 99.050 - Recovery of any part of tree from private property.

Any person may enter upon private property where any part of a fallen tree belonging to or under the control of such person has been cast by freshets or high waters, for the purpose of recovering and reclaiming the same. Before entering the land the person shall post a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 with the Public Utility Commission, to be approved by the commissioner, in such sum as the commissioner may provide. The bond or irrevocable letter of credit shall run to the Public Utility Commission to insure to any landowner the payment of any damage resulting from removal or reclaiming of such property. The owner of the land shall be compensated for any damages resulting from the removal. [Amended by 1991 c.331 §25; 1997 c.631 §399]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 099 - Property Removed by High Water › Section 99.060 - Effect of failure to remove logs from another’s land.

If any person fails to remove and reclaim logs, timber or any part of a fallen tree within one year after it is cast upon private property as provided in ORS 99.050, it is deemed abandoned and the title thereto vests in the person entitled to the possession of the land upon which the same is found.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.015 - Regulation by Real Estate Commissioner; rules.

The Real Estate Commissioner has the exclusive right to regulate the submission of property to the provisions of this chapter and may adopt such rules as are necessary for the administration of this chapter. [Formerly 94.333; 2023 c.223 §10]
Note:
100.015 was added to and made a part of 100.635 to 100.910 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.022 - Planning and property law do not affect condominium form of ownership.

Except as provided under ORS 100.015 or explicitly required or allowed under this chapter, a zoning, subdivision, building code or other regulation by a public body, agency rule or local ordinance or regulation may not:
(1) Have the effect of prohibiting or restricting the condominium form of ownership; or
(2) Impose any restriction or requirement upon a structure, property or development that is submitted or proposed to be submitted to the condominium form of ownership under this chapter that it would not impose upon a structure or development under a different form of ownership, including:
(a) Any charge, tax or fee;
(b) A review or approval process by any person of a declaration, bylaw, plat, articles of incorporation, regulation, resolution or any other document relating to the condominium or the submission of the property or development to the condominium form of ownership;
(c) Any additional permitting requirements or conditions of approval of the property or development; or
(d) Any other requirements. [2009 c.641 §19; 2023 c.223 §11]
Note:
100.022 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.025 - Rule against perpetuities; inapplicability.

The rule against perpetuities may not be applied to defeat any provisions of a declaration, supplemental declaration, bylaw or rule for a condominium adopted under ORS 100.005 to 100.627. [Formerly 94.016]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.100 - Property submitted to unit ownership by declaration; executors of declaration; conflict between this chapter and ORS chapter 65.

(1) In order to submit any property to the provisions of this chapter, the declarant shall record a declaration in the office of the recording officer of every county in which such property is located. The declaration shall comply with ORS 100.105 and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of deeds.
(2) If the declarant is not the fee owner of the property, the fee owner and the vendor under any instrument of sale shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of this chapter.
(3) If the condominium contains any variable property, the holder of any mortgage or trust deed shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of ORS 100.005 to 100.627 and the terms and conditions of the declaration and bylaws.
(4) A flexible or staged condominium may be created only as provided in ORS 100.005 to 100.627.
(5) The provisions of and rights conferred by ORS 100.005 to 100.910 shall not be varied or waived except as expressly provided in those statutes. A declarant shall not act under a power of attorney or use any other device to evade the limitations or prohibitions in the declaration, bylaws or ORS 100.005 to 100.910.
(6) If the provisions of this chapter and the provisions of ORS chapter 65 apply to an association and the provisions conflict, the provisions of this chapter control. [Formerly 94.023; 2003 c.569 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.102 - Leasehold condominium submitted to unit ownership.

(1) The owner of fee title interest in the real property underlying a leasehold condominium may submit the fee title to the provisions of this chapter by the procedures set forth in this section. Submission has the effect set forth in ORS 100.103.
(2) The fee title interest of a leasehold condominium may be submitted to the provisions of this chapter by an amendment to the declaration. The amendment must:
(a) Include a reference to the recording index numbers and date of recording of the initial declaration, supplemental declarations recorded pursuant to ORS 100.120 and the lease;
(b) State that the fee title interest in the real property subject to the leasehold is submitted to the provisions of this chapter pursuant to this section;
(c) State that the submission of the fee title interest in the real property subject to the leasehold to the provisions of this chapter has the effect set forth in ORS 100.103;
(d) State that there are no encumbrances against the fee title interest securing payment of moneys except for the assessments of the owners association that are not yet due;
(e) Be approved by at least 75 percent of the unit owners, notwithstanding that the declaration may require approval by a larger percentage of owners or the consent of another person to amend the declaration;
(f) Be executed by the fee title holder and the association and acknowledged;
(g) Be certified by the association as being adopted in accordance with this section;
(h) Be approved as required by ORS 100.110; and
(i) Be recorded in the office of the recording officer of each county in which the condominium is located.
(3) At the time of submission, the fee title interest being submitted may not be subject to an encumbrance securing payment of money except for the assessments of an association that are not yet due.
(4) Nothing in this section precludes the declarant of a leasehold condominium, the unit owners and the association from agreeing to other procedures for submitting the fee title interest to the provisions of this chapter, provided the procedures are set forth in:
(a) The declaration; or
(b) An amendment to the declaration approved by at least 75 percent of the unit owners or, if a larger percentage is specified in the declaration to effect amendments to the declaration, the larger percentage, and 75 percent of the lenders holding a first-priority security position in any unit in the condominium. [2003 c.569 §43; 2007 c.410 §7; 2019 c.69 §38]
Note:
100.102 and 100.103 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.122 - Declaration prevails over inconsistent provisions of bylaws or articles of incorporation.

In the event of a conflict between the declaration and the bylaws or between the declaration and any articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 100.005 to 100.910. [1999 c.677 §62]
Note:
100.122 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.123 - Authority to amend declaration or bylaws to comply with federal or state law.

(1) As used in this section, "document" means a declaration, supplemental declaration or bylaws, or an amendment thereto.
(2) A declarant may amend a document in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Agriculture, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a condominium or units in a condominium.
(3) If a need arises to amend a document after turnover to the association of unit owners has occurred, the amendment must be approved by the association in accordance with the approval provisions of the declaration or bylaws and this chapter.
(4) An amendment adopted by the declarant under this section must include:
(a) A statement of the purpose of the amendment.
(b) A reference to the specific requirements of the entity specified in subsection (2) of this section with which the original document does not comply.
(c) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being amended and any other applicable supplemental declarations, supplemental plats or amendments to the documents.
(d) A statement that the amendment is adopted under this section.
(5) An amendment adopted under this section is not effective unless the amendment is:
(a) Approved by the Real Estate Commissioner under ORS 100.110 or 100.668, as applicable;
(b) Approved by the county tax assessor if required under ORS 100.110; and
(c) Executed by the declarant, acknowledged and recorded. [2007 c.410 §4; 2019 c.69 §14]
Note:
100.123 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.125 - Annexation of additional property; requirements.

Subject to ORS 100.120 (5), if the declaration complies with ORS 100.105 (2), until the termination date, additional property may be annexed to the condominium by the recording of a supplemental declaration and supplemental plat in accordance with ORS 100.115. [Formerly 94.048; 2001 c.756 §30; 2009 c.641 §45; 2019 c.69 §39]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.130 - Relocation of unit boundaries and common elements by amendment to declaration.

(1) Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by an amendment to the declaration under this section.
(2)(a) The owners of the affected units shall submit to the board of directors of the association a proposed amendment that must:
(A) Include a reference to the recording index numbers and date of recording of the declaration, bylaws, plat and any applicable amendments, supplemental declaration and supplemental plat;
(B) State that the amendment is adopted and recorded under this section;
(C) Identify the units involved;
(D) State any reallocations of common element interest, voting rights, common expense liability and right to common profits; and
(E) Contain words of conveyance.
(b) If the declaration provides that the method of determining any of the reallocations described in paragraph (a)(D) of this subsection is based on the area of the unit, the reallocation must be calculated according to the area of the affected units as originally stated in the declaration, notwithstanding any change in the total area of the affected units. The amendment may not change the allocations of any other units.
(3) The board of directors shall approve the amendment unless it determines within 45 days that the reallocations are unreasonable or the relocation or elimination will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.
(4) The board of directors of the association of unit owners may require the owners of the affected units to submit an opinion of a registered architect or registered professional engineer that the proposed relocation or elimination will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.
(5) The board of directors of the association or any agent appointed by the board of directors may supervise the work necessary to effect the boundary relocation or elimination.
(6) Any expenses incurred under subsections (4) and (5) of this section shall be charged to the owners of the units requesting the boundary relocation or elimination.
(7) An amendment described in this section is not effective unless:
(a) Executed by the owners and approved by the mortgagees or trust deed beneficiaries of the affected units;
(b) Executed and certified by the association as required in ORS 100.135 (2);
(c) Approved by the Real Estate Commissioner, county tax collector and county tax assessor as required by ORS 100.110; and
(d) Recorded in the deed records of each county in which the condominium is located.
(8) An amendment to the plat and any floor plans necessary to show the altered boundaries between the adjoining units shall be recorded in accordance with ORS 100.116. [Formerly 94.053; 2003 c.569 §25; 2009 c.641 §46; 2019 c.69 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.140 - Temporary relocation of floating structure; security interests upon termination of condominium.

(1) A floating structure described in ORS 100.020 (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair or remodeling without affecting its status as a condominium or real property. However, if the floating structure is not returned to its original location within 18 months after the relocation, the condominium shall be terminated or, if there are remaining units, partially terminated pursuant to ORS 100.600 and subsection (2) of this section.
(2) If the condominium is terminated, all security interests affecting any interest in the condominium shall continue to be considered a security in real property after the termination, notwithstanding that the floating structure portion of the condominium may be physically moved from its permanent moorage.
(3) When a floating structure has been relocated under subsection (1) of this section, the board of directors of the association shall give written notice of the temporary location of the structure to the county assessor within 10 days of the relocation. [1997 c.816 §18]
Note:
100.140 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.150 - Declarant’s options until termination date.

(1) With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS 100.115 and 100.120, the declarant may:
(a) Reclassify all or a portion of the property designated as variable property in the declaration and on the plat, as one or more general common elements, limited common elements, units or a combination of the elements and units;
(b) Unless designated in the declaration and on the plat or in a supplemental declaration and on the supplemental plat as nonwithdrawable variable property, withdraw all or a portion of the variable property from the condominium; and
(c) Subject to the requirements of ORS 100.105 (7)(m), change the designation of all or a portion of variable property designated withdrawable variable property in the declaration and on the plat or in a supplemental declaration and on the supplemental plat to nonwithdrawable variable property.
(2) Until variable property is withdrawn or reclassified as provided in subsection (1) of this section or under ORS 100.155 (1):
(a) The property is a distinct classification of property and may not be a common element or unit of the condominium.
(b) The property is considered a parcel of real property and is subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property.
(c) Unless otherwise specifically provided in the declaration or supplemental declaration:
(A) The declarant shall pay all assessments, taxes and other expenses of the variable property. If the declarant fails to pay any expenses of any variable property designated as nonwithdrawable variable property, the board of directors may elect to pay the expenses and assess the unit owners as a common expense. All costs incurred may be charged to the declarant.
(B) Ownership or occupancy of variable property does not confer any right to use the common elements of the condominium.
(C) Ownership or occupancy of units does not confer any right to use variable property.
(D) Variable property is not subject to assessments for expenses of the condominium. [Formerly 94.021; 2001 c.756 §32; 2019 c.69 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.170 - Easement held by declarant.

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging any obligation of the declarant or exercising any special declarant right, whether arising under the provisions of this chapter or reserved in the declaration or bylaws. [Formerly 94.066]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.185 - Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims.

(1) The declarant shall expressly warrant against defects in the plumbing, electrical, mechanical, structural, and all other components of the newly constructed units and common elements. Such warranty:
(a) Shall exist on a unit and the related limited common elements for not less than one year from the date of delivery of possession of that unit by the declarant to the first unit owner other than the declarant;
(b) Shall exist on the general common elements for not less than one year from the initial conveyance of title to a unit by the declarant to a unit owner other than the declarant, or, in the case of a staged or a flexible condominium, for not less than one year from such initial conveyance of title or completion of the construction of the specific general common element, whichever is later;
(c) Shall be contained in the contract or other agreement to purchase;
(d) Shall be separate from, and in addition to, any warranties provided by any other person;
(e) Shall be in lieu of any implied warranties by the declarant against defects in the plumbing, electrical, mechanical, structural or other components of any newly constructed unit or common elements; and
(f) Shall name the association of unit owners as an express beneficiary with regard to general common elements.
(2) A written claim reasonably specifying a breach of the warranty on the unit and the related limited common elements must be delivered to the declarant before the expiration of such warranty. A written claim reasonably specifying a breach of the warranty on the general common elements must be delivered to the declarant within two years of expiration of such warranty, but the claim must be for a defect existing prior to the expiration of such warranty under this section. An action to enforce such warranty shall not be commenced later than four years after expiration of such warranty.
(3) For the purposes of this section, "newly constructed units and common elements" means:
(a) Units and related limited common elements:
(A) That have been substantially completed for less than three years; and
(B) That have been occupied for less than 12 months.
(b) General common elements:
(A) That have been substantially completed for less than three years; and
(B) That were constructed contemporaneously with units that have been occupied for less than 12 months.
(4) The warranty required under subsection (1) of this section is not required for consumer products as defined in 15 United States Code 2301 (1). [Formerly 94.017; 1999 c.677 §45; 2001 c.756 §35]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.200 - Declarant control of association.

(1) Subject to subsection (2) of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of unit owners, during which period a declarant or person designated by the declarant may appoint and remove officers and members of the board of directors and exercise powers and responsibilities otherwise assigned by the declaration, bylaws or the provisions of this chapter to the association, the officers or the board of directors. No formal or written proxy or power of attorney need be required of the unit owners to vest the declarant with such authority. Declarant control may be achieved by allocating in the declaration greater voting rights to a unit owned by the declarant.
(2) The declaration or bylaws may not provide for a period of administrative control of the association of unit owners by the declarant for a period exceeding:
(a) In a single stage condominium the earlier of:
(A) Three years from the date the first unit is conveyed; or
(B) The date of conveyance to persons other than the declarant of 75 percent of the units.
(b) In a staged or flexible condominium the earlier of:
(A) Seven years from the date the first unit is conveyed; or
(B) The date of conveyance to persons other than the declarant of 75 percent of the units which may be created or annexed under ORS 100.125 or 100.150, whichever is applicable.
(3) A declarant may voluntarily relinquish any rights reserved in the declaration or bylaws under subsection (1) of this section.
(4) Upon the expiration of any period of declarant control reserved in the declaration or bylaws under subsection (1) of this section, such right shall automatically pass to the unit owners, including the declarant if the declarant then owns one or more units in the condominium.
(5) A declaration or bylaws may not be amended to increase the scope of any rights reserved in the declaration or bylaws under subsection (1) of this section without the consent of all unit owners.
(6) The limitations specified in subsection (2) of this section shall not limit any right reserved by the declarant under ORS 100.105 (2) or (7), 100.125 or 100.150 or any other special declarant right which does not relate to administrative control of the association by the declarant including, but not limited to, the right to require that the declaration or bylaws may not be amended without the declarant’s consent until a stated date, the expiration of a stated number of years or the occurrence of a stipulated event.
(7) The limitations of subsection (2) of this section do not apply to a condominium or condominium units committed to a timeshare plan as defined in ORS 94.803. [Formerly 94.078]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.205 - Transitional committee; notice of meeting for formation.

(1) A transitional committee shall be established as provided in this section in a single stage condominium consisting of at least 20 units and in a staged or flexible condominium if the number of units that the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150 totals at least 20.
(2) Unless the turnover meeting has been held, the declarant shall call a meeting of the unit owners for the purpose of forming a transitional committee in accordance with the bylaws of the condominium. The declarant shall call such meeting:
(a) In a single stage condominium, within 60 days of conveyance to persons other than the declarant of 50 percent of the units.
(b) In a staged or flexible condominium, within 60 days of conveyance to persons other than the declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150.
(3) The transitional committee shall be advisory only and shall consist of two or more members selected by unit owners other than the declarant and may include not more than one representative of the declarant. The members shall serve until the turnover meeting. The function of the committee shall be that of enabling ease of transition from control of the administration of the association of unit owners by the declarant to control by the unit owners. The committee shall have access to the information, documents and records that the declarant must turn over to the unit owners under ORS 100.210 (5).
(4) The declarant shall give notice of the meeting required under subsection (2) of this section in accordance with the bylaws of the condominium to each unit owner at least seven but not more than 50 days prior to the meeting. The notice shall state the purpose of the meeting and the time and place where it is to be held.
(5) If the meeting required under subsection (2) of this section is not called by the declarant within the time specified, the meeting may be called and notice given by a unit owner.
(6) If the owners other than the declarant do not select members for the committee under subsection (3) of this section, the declarant shall have no further responsibility to form the committee. [Formerly 94.084; 2023 c.9 §4]