94.116; 2007 c.705 �1; 2019 c.57 �8] ����� 100.310 Rights of tenants in conversion. (1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium witho

94.116; 2007 c.705 �1; 2019 c.57 �8]

����� 100.310 Rights of tenants in conversion. (1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in its physical layout, the declarant shall first offer to sell the respective unit to the tenant who occupies the unit. The offer shall:

����� (a) Terminate 60 days after its receipt or upon written rejection of the offer by the tenant, whichever occurs earlier.

����� (b) Be accompanied by a copy of all applicable disclosure statements issued by the Real Estate Commissioner pursuant to ORS 100.700.

����� (c) Not constitute a notice to terminate the tenancy.

����� (2) The tenant�s dwelling unit may not be shown to any prospective purchasers of a conversion condominium unit without the tenant�s permission before the termination of the tenancy.

����� (3) The declarant shall not sell the unit to a person other than the tenant during the 60 days following the termination of an offer to the tenant under subsections (1) and (2) of this section at a price or on terms more favorable to the purchaser than the price or terms offered to the tenant.

����� (4) After the property has been submitted to the provisions of the Oregon Condominium Act, the declarant, until a unit is offered for sale in accordance with subsections (1) and (2) of this section, shall notify in writing any prospective tenant, prior to the commencement of the tenancy, that the property has been submitted to the provisions of the Oregon Condominium Act and the rights of a tenant under subsections (1) to (3) of this section. [Formerly 94.122; 1997 c.816 �8]

����� 100.315 Improvements in conversion condominium during notice period. (1) The declarant may not begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in a conversion condominium unit without the tenant�s permission during the 120-day notice period prescribed by ORS 100.305 (1).

����� (2) The declarant may begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in the general common elements during the 120-day notice period. Improvements to or rehabilitation of general common elements may be conducted only between the hours of 8 a.m. and 7 p.m. Unless the declarant and tenant agree otherwise, the declarant must allow each tenant safe and ready ingress to and egress from the tenant�s dwelling unit during the improvement or rehabilitation work.

����� (3) A tenant may bring an action against a declarant that violates subsection (2) of this section to recover the greater of actual damages or the equivalent of one month�s dwelling unit rent. [Formerly 94.128; 2007 c.705 �2]

����� 100.320 Authority of city or county to require developer to pay tenant moving expenses. A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit. [Formerly 94.134]

ASSOCIATION OF UNIT OWNERS; MANAGEMENT OF PROPERTY; ENCUMBRANCES; CONVEYANCES

����� 100.405 Association of unit owners; powers; granting of interest in common elements; dispute resolution. (1)(a) An association of unit owners must be organized to serve as a means through which the unit owners may take action with regard to the administration, management and operation of the condominium.

����� (b) The association of a condominium created on or after September 27, 2007, must be organized:

����� (A) As a corporation for profit or a nonprofit corporation; or

����� (B) If the condominium consists of four or fewer units, excluding units used for parking, storage or other use ancillary to a unit, as an unincorporated association, corporation for profit or a nonprofit corporation.

����� (c) If the association is incorporated:

����� (A) The name of the association must include the complete name of the condominium.

����� (B) The articles of incorporation must be consistent with the declaration and bylaws.

����� (d) For an association described in paragraph (b)(A) of this subsection, the association must be incorporated before conveyance of the first individual unit unless all units in the condominium are conveyed or transferred to one person in one transaction.

����� (e) Notwithstanding a provision in the declaration or bylaws of a condominium created before September 27, 2007, that states that the association must be unincorporated or that requires approval of owners to incorporate as a nonprofit corporation under ORS chapter 65, an unincorporated association may be incorporated as a nonprofit corporation under ORS chapter 65 if the board of directors adopts a resolution that states the association will be incorporated.

����� (f) A separate association is not created when an unincorporated association formed under this section is incorporated, reinstated after administrative dissolution under ORS