100.200. ����� (g) A financial statement. The financial statement: ����� (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period follo

100.200.

����� (g) A financial statement. The financial statement:

����� (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.

����� (B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.

����� (h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (3)(b) and any bank signature cards.

����� (i) All tangible personal property that is property of the association and an inventory of such property.

����� (j) A copy of the following, if available:

����� (A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.

����� (B) The original specifications indicating thereon all material changes.

����� (C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.

����� (D) Any other plans and information relevant to future repair or maintenance of the property.

����� (k) Insurance policies.

����� (L) Copies of any occupancy permits which have been issued for the condominium.

����� (m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.

����� (n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.

����� (o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.

����� (p) Leases of the common elements and any other leases to which the association is a party.

����� (q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

����� (r) The results from an independent inspection for moisture intrusion and the name of the person who performed the inspection.

����� (s) Any other contracts to which the association of unit owners is a party.

����� (6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.

����� (7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant is not responsible for the failure of the unit owners to elect the number of directors sufficient to constitute a quorum of the board of directors and assume control of the association in accordance with subsection (4) of this section. The declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.

����� (8) If the unit owners present do not constitute a quorum or the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors at the turnover meeting held in accordance with subsection (1) of this section:

����� (a) At any time before the election of the number of directors sufficient to constitute a quorum, a unit owner or first mortgagee of a unit may call a special meeting for the purpose of election of directors and shall give notice of the meeting in accordance with the notice requirements in the bylaws for special meetings. The unit owners and first mortgagees present at the special meeting shall select a person to preside over the meeting.

����� (b) A unit owner or first mortgagee of a unit may request a court to appoint a receiver as provided in ORS 100.418. [Formerly 94.091; 1999 c.677 �46; 2001 c.756 �36; 2003 c.803 �21; 2007 c.409 �24; 2025 c.578 �10]

SPECIAL DECLARANT RIGHTS

����� 100.220 Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions. (1) As used in this section, �affiliate� means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant. A person �controls� or �is controlled by� a transferor or successor declarant if the person:

����� (a) Is a general partner, officer, director or employee;

����� (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;

����� (c) Controls in any manner the election of a majority of the directors; or

����� (d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.

����� (2) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:

����� (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed under ORS 100.185. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.

����� (b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.

����� (c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

����� (3) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:

����� (a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.

����� (b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made, including without limitation warranties required under ORS 100.185, by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall:

����� (A) Comply with any provisions of the declaration and bylaws which pertain to such successor declarant�s ownership of the unit or units and the exercise of any special declarant right;

����� (B) Comply with the provisions of ORS 100.015 and 100.635 to 100.910 in connection with the sale of any unit or units, except as provided in ORS 100.665; and

����� (C) Give the warranties described in ORS 100.185 only with respect to common elements or units constructed by the successor declarant.

����� (4)(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.

����� (b) A transferor may only recover a transferred special declarant right by execution of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [Formerly