Oregon Statutes 100.626 – Legislative findings
(1) The Legislative Assembly finds and declares that:
Terms Used In Oregon Statutes 100.626
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- charging station: means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles. See Oregon Statutes 100.005
- Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The purpose of ORS § 100.627 is to facilitate the installation of an electric vehicle charging station by a unit owner in a condominium for the unit owner’s personal residential use.
(b) Oregon courts have identified the following factors in determining whether personal property is a fixture:
(A) Whether the personal property is physically annexed to the real property;
(B) Whether the personal property is specifically adapted to the property; and
(C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.
(c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.
(2) Unless a unit owner and the association of unit owners, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS § 100.627 on or before June 4, 2015, is deemed to be the personal property of the unit owner of the unit with which the charging station is associated. [2015 c.249 § 5]
100.626 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.