Oregon Statutes 100.150 – Declarants 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:
Terms Used In Oregon Statutes 100.150
- Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
- Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
- Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
- Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
- Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100. See Oregon Statutes 100.005
- Limited common elements: means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units. See Oregon Statutes 100.005
- Nonwithdrawable variable property: means property which pursuant to ORS § 100. See Oregon Statutes 100.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
- Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
(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(2) Until variable property is withdrawn or reclassified as provided in subsection (1) of this section or under ORS § 100.155 (1):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]