Condominiums

ORS 100.525
Voting or consenting


(1)

Unless otherwise provided in the declaration, each unit of a condominium is entitled to one vote.

(2)

Unless otherwise provided in the declaration or bylaws:

(a)

An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a unit owned or held in a fiduciary capacity, if the person satisfies the secretary that the person is the attorney-in-fact, executor, administrator, guardian, conservator or trustee holding the unit in a fiduciary capacity.

(b)

Whenever a unit is owned by two or more persons jointly, according to the records of the association:

(A)

Except as provided in this subsection, the vote of the unit may be exercised by any one of the owners, in the absence of protest by a co-owner. In the event of a disagreement among the co-owners, the vote of the unit shall be disregarded completely in determining the proportion of votes given with respect to the matter.

(B)

A valid court order may establish the right of co-owners’ authority to vote. [Formerly 94.255; 2001 c.756 §50; 2007 c.409 §32; 2009 c.641 §32]
§§ 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)


Source

Last accessed
Jun. 26, 2021