Oregon Statutes 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.
Terms Used In Oregon Statutes 100.475
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Grantor: The person who establishes a trust and places property into it.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Purchaser: means an actual or prospective purchaser of a condominium unit pursuant to a sale. See Oregon Statutes 100.005
- Sale: means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. See Oregon Statutes 100.005
(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]