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)
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)
100.185
(formerly
94.017)
NOTES OF DECISIONS
Condominium
is not “product” for purposes of strict liability under ORS 30.920. Association
of Unit Owners of Bridgeview Condominiums v. Dunning, 187 Or App 595, 69 P3d
788 (2003)
LAW REVIEW CITATIONS: 16 WLR 259 (1979)
100.310
(formerly
94.122)
LAW REVIEW CITATIONS: 16 WLR 260 (1979)
100.405
(formerly
94.146)
NOTES OF DECISIONS
Association
of unit owners organized under this section was real party in interest in
action against builder although 28 sales contracts were executed before
plaintiff’s creation. Towerhill Condo. Association v.
Amercian Condo. Homes, Inc., 66 Or App 342, 675 P2d
1051 (1984)
Association
of unit owners is real party in interest for purpose of asserting claim that is
personal to individual unit owner. Association of Unit Owners of Bridgeview
Condominiums v. Dunning, 187 Or App 595, 69 P3d 788 (2003)
100.555
(formerly
94.285)
NOTES OF DECISIONS
Where
units are operated as part of single business enterprise, units remain subject
to individual valuation and assessment. Lewis v. Dept. of Rev., 10 OTR 128
(1985), aff’d 302 Or 289, 728 P2d 1378 (1986)
Where
units are operated as part of single business enterprise, value of individual
unit includes proportional share of business enterprise value. Lewis v. Dept of
Rev., 10 OTR 128 (1985), aff’d 302 Or 289, 728
P2d 1378 (1986)
Method
of valuing each condominium unit and then adding lessee’s remainder interest in
land does not result in double taxation. Association of Unit Owners v. Dept. of
Rev., 12 OTR 36 (1991)