94.195; 1995 c.31 �13; 1997 c.816 �10; 1999 c.59 �18; 1999 c.677 �71; 2001 c.104 �31; 2003 c.569 �36; 2017 c.110 �2] ����� 100.460 Foreclosure against unit; receiver for unit; power of board of di

94.195; 1995 c.31 �13; 1997 c.816 �10; 1999 c.59 �18; 1999 c.677 �71; 2001 c.104 �31; 2003 c.569 �36; 2017 c.110 �2]

����� 100.460 Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale. In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent. The board of directors, acting on behalf of the unit owners, shall have power, unless prohibited by the declaration, to bid in the unit at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. [Formerly 94.202]

����� 100.465 Circumstances in which deed in lieu of foreclosure extinguishes lien. Unless the declarations or bylaws otherwise provide, a deed in lieu of foreclosure accepted by the holder of a first mortgage or the beneficiary of a first deed of trust in respect to a condominium unit shall have the effect of extinguishing a lien of the association securing unpaid assessments through the date of recording of the deed in lieu of foreclosure in the following circumstances:

����� (1) Written notice has been given to the association, addressed to the individual authorized to accept service of process sent by first class mail, return receipt requested, notifying the association of the mortgagee or beneficiary�s intent to accept a deed in lieu of foreclosure and stating that the lien of the association may be extinguished in the circumstances specified in this section; and

����� (2) The deed in lieu of foreclosure is recorded not later than 30 days after the date the notice is mailed to the association. [1989 c.595 �36; 2003 c.569 �36a]

����� Note: 100.465 and 100.470 were added to and made a part of ORS 100.005 to 100.910 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 100.470 Lien foreclosure; other legal action by declarant, association or owner; attorney fees. In any suit or action brought by an association of unit owners to foreclose its lien or to collect delinquent assessments or in any suit or action brought by declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of the Oregon Condominium Act, the condominium declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1989 c.595 �37; 2001 c.756 �46; 2007 c.409 �29]

����� Note: See note under 100.465.

����� 100.475 Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation. (1) Except as provided in subsection (5) of this section, a unit owner is personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners.

����� (2) If the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, the purchaser, and the successors and assigns of the purchaser, are not liable for any of the assessments against the unit or its owner that became due prior to the acquisition of title to the unit by the purchaser except as specifically provided otherwise in ORS 100.450. The unpaid assessments are a common expense of all the unit owners, including the purchaser and the successors and assigns of the purchaser.

����� (3)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the unit to the time of the grant or conveyance, without prejudice to the grantee�s right to recover from the grantor the amounts paid by the grantee therefor.

����� (b) Upon request of an owner or owner�s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the unit effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement.

����� (4) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:

����� (a) May rely upon a written statement of unpaid assessments delivered pursuant to this section; and

����� (b) Is not liable for a failure to pay to the association at closing any amount in excess of the amount set forth in the written statement.

����� (5) During the redemption period that follows an execution sale conducted under ORS 18.860 to