(8) do not apply to a condominium for which each unit owner is

100.417 (8) do not apply to a condominium for which each unit owner is responsible for the interior and exterior of the owner�s unit. [2025 c.578 �6]

����� Note: 100.538 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.

����� 100.540 Use and maintenance of common elements; access for maintenance. (1) Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach upon the lawful rights of the other unit owners.

����� (2) Unless otherwise provided in the declaration or bylaws:

����� (a) The responsibility for maintenance, repair and replacement of the common elements is the responsibility of the association of unit owners; and

����� (b) The cost of maintenance, repair and replacement is a common expense of the association.

����� (3) The necessary work of maintenance, repair and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws.

����� (4)(a) Upon request given to the owner and any occupant, any person authorized by the association may enter a unit and any limited common element appertaining to a unit:

����� (A) As may be necessary for the maintenance, repair or replacement of the common elements or any unit for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or this chapter; or

����� (B) To make emergency repairs to the unit or common elements necessary for the public safety or to prevent damage to the common elements or to another unit.

����� (b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create any right of action in the owner of a unit. [Formerly 94.270; 2007 c.410 �16; 2009 c.641 �34]

����� 100.545 Compliance with bylaws and other restrictions. Each unit owner and the declarant shall comply with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the unit. Failure to comply therewith shall be grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner. [Formerly 94.275]

����� 100.550 Service of process. (1) Service of process in any action relating to the condominium may be made on:

����� (a) If the condominium was submitted to the provisions of this chapter before October 3, 1989, the person designated in the declaration to receive service of process;

����� (b) The person named as designated agent in the Condominium Information Report filed with the Real Estate Agency under ORS 100.250;

����� (c) If the association is organized as a corporation under Oregon law, the registered agent in accordance with ORS 60.111 or 61.086 (1987 Replacement Part); or

����� (d) The chairperson, president or secretary of the association.

����� (2) Except as provided in subsection (4) of this section, if the association of unit owners of property submitted to the provisions of this chapter before October 15, 1983, wishes to designate a person other than the one named in the declaration to receive service of process in the cases provided in subsection (1) of this section, it shall record an amendment to the declaration. The amendment must be certified by the association, and must state the name of the successor with the successor�s residence or place of business as required by ORS 100.105 (1)(L), and that the person named in the amendment was designated by resolution duly adopted by the association of unit owners.

����� (3) Unless prohibited by the declaration or bylaws, the board of directors of the association of unit owners of property submitted to the provisions of this chapter after October 15, 1983, may elect to designate a person other than the one named in the declaration to receive service of the process in the cases provided in subsection (1) of this section. After the adoption of a resolution by the board of directors in accordance with the bylaws, the board of directors, without the need for further action by the association or approval under ORS 100.110 and 100.135, shall record an amendment to the declaration. The amendment must be certified by the association and must state the name of the successor with the successor�s residence or place of business as required by ORS 100.105 (1)(L), that the person named in the amendment has consented to the designation and that the resolution was duly adopted by the association of unit owners.

����� (4) Subsection (3) of this section applies to property submitted to the provisions of this chapter before October 15, 1983, if:

����� (a) The board of directors of the association of unit owners receives a written request from at least one unit owner that subsection (3) of this section applies; or

����� (b) The board of directors of the association of unit owners adopts a resolution in accordance with the bylaws of the association that subsection (3) of this section applies. [Formerly 94.280; 1995 c.31 �14; 1999 c.677 �54; 2001 c.756 �61; 2007 c.410 �19; 2019 c.69 �44]

����� 100.555 Taxation of units; exemptions; uniform appraisal and assessment; rules. (1)(a) Each unit with its allocation of undivided interest in the common elements shall be considered a parcel of real property, whether fee simple, leasehold, easement or other interest or combination thereof, subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property. A unit created by a declaration or supplemental declaration recorded with the recording officer under ORS 100.100 or 100.120 shall be assessed in the name of the unit owner.

����� (b) The common elements may not be considered a separate parcel for purposes of taxation.

����� (2) In determining the real market value of a unit with its undivided interest in the common elements, the county assessor may use the allocation of undivided interest in the common elements appertaining to a unit as expressed in the declaration. Determination of real market value of a unit based upon a leasehold estate shall be the same as a unit in fee simple. There shall be no diminution of value by reason of the term of said lease.

����� (3) Exemptions from executions and real property taxes apply to the owner of each unit or to the individual units, as the case may be.

����� (4) The Department of Revenue shall have the authority to make rules and regulations prescribing methods best calculated to secure uniformity according to law in the appraisal and assessment of units constituting part of a property submitted to the provisions of this chapter. [Formerly 94.285; 1991 c.459 �340; 2001 c.756 �52]

REMOVAL OF PROPERTY

FROM UNIT OWNERSHIP

����� 100.600 Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements. (1)(a) Subject to ORS 100.605, the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter by executing and recording an instrument to that effect and the holders of all liens affecting the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner in the property after the termination. The instrument shall state the interest of each unit owner and lienholder as determined under ORS 100.610.

����� (b) The recording of an instrument of termination shall vacate the plat but shall not vacate or terminate any recorded covenants, restrictions, easements or other interests not imposed under the declaration or bylaws or any easement granted by the plat unless the instrument of termination otherwise provides.

����� (c) Before the instrument of termination may be recorded, it must be signed by the county assessor for the purpose of acknowledging that the county assessor has been notified of the proposed termination.

����� (d) The person offering the instrument of termination for recording shall cause a copy of the recorded instrument, including the recording information, to be filed with the commissioner, the county assessor and the county surveyor. Upon receipt of the instrument of termination, the county surveyor may make appropriate annotations on the surveyor�s copy of the plat and any copies filed under ORS 92.120. Corrections or changes are not allowed on the original plat once it is recorded with the county clerk.

����� (e) Failure to file the copies as required under paragraph (d) of this subsection does not invalidate the termination.

����� (2) A portion of the property may be removed from the provisions of this chapter by recording simultaneously with the recording officer an amendment to the declaration and an amended plat approved as required under ORS 100.110, 100.116 and 100.135. The amendment to the declaration shall:

����� (a) Include a metes and bounds legal description of the property being removed;

����� (b) Include a metes and bounds legal description of the resulting boundaries of the condominium after the removal;

����� (c) State the interest of each owner in the property being removed;

����� (d) State the allocation of interest of each unit in the common elements after the removal;

����� (e) Be approved and executed by the owner of any unit being removed and the owner of any unit to which a limited common element being removed pertains and acknowledged in the manner provided for acknowledgment of deeds;

����� (f) Be approved by the holder of any first mortgage on a unit or limited common element being removed;

����� (g) Be approved by at least 90 percent of owners, including any owner whose approval is required under paragraph (e) of this subsection;

����� (h) Be approved by any other mortgagees whose approval is required under the declaration or bylaws;

����� (i) Include any other approvals required by the declaration or bylaws; and

����� (j) Include a statement by the local governing body or appropriate department thereof that the removal will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the amendment.

����� (3) The amended plat required under subsection (2) of this section must:

����� (a) Comply with ORS 100.116;

����� (b) Include a �Statement of Removal� that the property described on the amended plat is removed from the condominium and that the condominium exists as described and depicted on the amended plat. The statement must be made and executed by the association and acknowledged; and

����� (c) Include such signatures of approval as may be required by local ordinance or regulation.

����� (4) The tax collector for any taxing unit having a lien for taxes or assessments may consent to such a transfer of any tax or assessment lien under subsection (1) of this section or the removal of a portion of the property under subsection (2) of this section. [Formerly 94.295; 1991 c.763 �29; 1997 c.816 �12; 1999 c.710 �8; 2001 c.756 �62; 2005 c.22 �78; 2009 c.641 �35; 2019 c.69 �32]

����� 100.605 Removal of property from association; repair or removal of property that is damaged or destroyed. (1) If 90 percent of the unit owners agree that the property is obsolete and shall be sold, the property shall be considered removed from the provisions of this chapter.

����� (2) Except where the declaration or bylaws provide to the contrary, if all or part of the property is damaged or destroyed, then the association of unit owners shall repair, reconstruct or rebuild the property, unless 60 percent of the unit owners agree that the property shall not be repaired, reconstructed or rebuilt. If 60 percent of the unit owners agree that the property shall not be repaired, reconstructed or rebuilt, the property shall be considered removed from the provisions of this chapter.

����� (3) Removal of the condominium or a portion thereof from the provisions of this chapter under subsections (1) or (2) of this section shall comply with all of the requirements of ORS 100.600 except that the percent of the owners required to take action shall conform only to subsections (1) or (2) of this section, as applicable. [Formerly 94.300]

����� 100.610 Common ownership of property removed from unit ownership; valuation; liens. (1) If the property is removed from the provisions of this chapter, as provided by ORS 100.600 (1) and