ORS 100.100
Property submitted to unit ownership by declaration

  • executors of declaration
  • conflict between this chapter and ORS chapter 65


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 (Contents of declaration) and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of deeds.


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.


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 (Definitions) to 100.627 (Electric vehicle charging stations) and the terms and conditions of the declaration and bylaws.


A flexible or staged condominium may be created only as provided in ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations).


The provisions of and rights conferred by ORS 100.005 (Definitions) to 100.910 (Use of fees) 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 (Definitions) to 100.910 (Use of fees).


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]
§§ 100.005 to 100.910

(formerly 94.004 to 94.480)

See also annotations under ORS 91.505 to 91.675 in permanent edition.

Notes of Decisions

Even if declarations filed for purpose of bringing development within condominium law were defective for failure to conform to statutory requirements, development was not vitiated but deficiencies would constitute mistake in transaction thus making instrument eligible for reformation in equity. Dickey v. Barnes, Mossberg, 268 Or 226, 519 P2d 1252 (1974)

Developers of planned unit developments which are not organized as condominiums cannot claim the tax advantages of the Unit Ownership Law. Brooks Resources v. Dept. of Rev., 276 Or 1177, 558 P2d 312 (1976)

Purchasers of condominium units are automatically members of the unit owners association and subject to its declaration and bylaws; where those declarations and bylaws provide discretion to the Board of Directors to assess for fees necessary to create a "unified plan for the development and operation" of the condominium, and the purchaser has alleged no abuse of discretion, the judgment of the Board of Directors is upheld. Assn. of Unit Owners of the Inn of the Seventh Mountain v. Gruenfeld, 277 Or 259, 560 P2d 641 (1977)

Acquisition of property by condominium association is not limited to property subject to annexation requirements. Gier's Liquor v. Association of Unit Owners, 124 Or App 365, 862 P2d 560 (1993)

Law Review Citations

16 WLR 253 (1979)

Chapter 100

Notes of Decisions

This chapter does not authorize regulation by the Real Estate Division of sales of "right to use" time share interests in condominiums. Royal Aloha Partners v. Real Estate Division, 59 Or App 564, 651 P2d 1350 (1982)

Law Review Citations

18 WLR 95 (1982)


Last accessed
Jun. 26, 2021