and 100.610 after first paying out of the respective shares of the unit

100.600 and 100.610 after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner. [Formerly 94.312]

����� 100.620 Termination or removal no bar to resubmission. The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. [Formerly 94.318]

DIVIDING OR CONVERTING UNITS

����� 100.625 Procedure for dividing or converting units. (1) Subject to the provisions of the declaration and any applicable law, and upon compliance with this section:

����� (a) A unit designated in the declaration to be used for commercial, industrial or other nonresidential purpose may be divided by an owner, including the declarant, into two or more units.

����� (b) A unit owned by the declarant and located in a condominium that consists exclusively of units designated in the declaration to be used for nonresidential purposes, may be divided or converted into two or more units, common elements or a combination of units and common elements.

����� (2) The owner of a unit to be divided or converted shall submit to the board of directors of the association of unit owners a proposed amendment that must:

����� (a) State the purposes of the amendment;

����� (b) Assign an identifying number to each unit created;

����� (c) Reallocate the interest in the common elements and the use of any limited common elements, voting rights, common expense liability and the right to common profits in the manner prescribed in the declaration;

����� (d) Indicate the means of access for each unit to common elements; and

����� (e) Include any additional provisions necessary to conform any other provisions of the declaration or bylaws.

����� (3) The board of directors shall approve the proposed amendment unless the board determines within 45 days that the amendment is inconsistent with the declaration or bylaws, or the division or conversion will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

����� (4) The board of directors may require the owner of the unit to be divided or converted to submit an opinion of a registered professional engineer as to whether or not the proposed division or conversion will impair the structural integrity or mechanical systems of the condominium or weaken the support of any portion of the condominium. The board of directors or any agent appointed by the board of directors may supervise the work necessary to effect the division or conversion. Any expenses incurred under this section must be charged to the owner of the unit requesting the division or conversion.

����� (5) The amendment must be executed by the owner and mortgagees or trust deed beneficiaries of the affected unit, certified by the association and approved and recorded in accordance with ORS 100.135 (2)(b).

����� (6) A plat showing each unit created or the conversion of a unit to common elements or combination thereof must be recorded in accordance with ORS 100.115.

����� (7) This section applies only if the declaration expressly permits and contains:

����� (a) A statement of the maximum number of units into which a unit may be divided under subsection (1) of this section;

����� (b) A general description of the nature and proposed use of any unit or portion of any unit which the declarant may convert to common elements; and

����� (c) A statement of the method to be used to reallocate interest in the common elements, the use of any limited common elements, voting rights, common expense liability and right to common profits. [Formerly 94.322; 2003 c.569 �39; 2019 c.69 �45]

ELECTRIC VEHICLE CHARGING STATIONS

����� 100.626 Legislative findings. (1) The Legislative Assembly finds and declares that:

����� (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]

����� Note: 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.

����� 100.627 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a condominium:

����� (a) A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section:

����� (A) In a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers or other vehicles or equipment; or

����� (B) In a limited common element with the written approval of the unit owner of each unit to which use of the limited common element is reserved.

����� (b) An association of unit owners may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

����� (2) When the unit owner complies or agrees to comply with the requirements of this section, an association of unit owners, or a declarant in lieu of the association, shall approve a completed application within 60 days after the unit owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

����� (3) An association of unit owners:

����� (a) May require a unit owner to submit an application before installing a charging station.

����� (b) May require the charging station to meet the architectural standards of the condominium.

����� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

����� (d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

����� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

����� (5) The unit owner is responsible for:

����� (a) All costs associated with installation and use of the charging station, including:

����� (A) The cost of electricity associated with the charging station; and

����� (B) The cost of damage to general common elements, limited common elements and areas subject to the exclusive use of other unit owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

����� (b) Disclosure to a prospective buyer of the unit of the existence of the charging station and the related responsibilities of the unit owner under this section.

����� (6) If the association of unit owners reasonably determines that the cumulative use of electricity in the condominium attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the condominium with a sufficient supply of electricity, the association may assess the cost of the additional improvements against the unit of each unit owner that has, or will, install a charging station.

����� (7) Unless the unit owner and the association of unit owners, or the declarant in lieu of the association, negotiate a different outcome:

����� (a) A charging station installed under this section is deemed to be the personal property of the unit owner of the unit with which the charging station is associated; and

����� (b) The unit owner must remove the charging station and restore the premises to the condition before installation of the charging station before the unit owner may transfer ownership of the unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section.

����� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

����� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the unit owner owns the charging station, the unit owner shall:

����� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

����� (B) Name the association of unit owners as a named additional insured under the policy with a right to notice of cancellation of the policy.

����� (9) In any action between a unit owner and an association of unit owners to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �7; 2015 c.249 �6]

REGULATION OF SALES; FILING REQUIREMENTS

����� 100.635 Filing with commissioner; fee. (1) Except as provided by ORS 100.660 and 100.665, prior to negotiating within this state for the sale of a condominium unit located in another state, or prior to the sale of any condominium unit located within this state, the developer shall file with the Real Estate Commissioner, in any form prescribed by the commissioner:

����� (a) General information on the condominium, including:

����� (A) The name and address of the condominium and the county in which the condominium is located; and

����� (B) The name, address and telephone number of the developer.

����� (b) Two copies of the disclosure statement for the condominium prepared in accordance with ORS