Oregon Subdivision & Condominium Regulation

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Subdivisions and Partitions Law

Back 1

Authority given to local jurisdictions, cities, & counties to regulate the legal separation of land into smaller lots or parcels

Front 2

Subdivision and Series Partition Control Law

Back 2

Authority given to the Real Estate Commisioner to oversee the marketing & sale of undeveloped, legally separated land.

Front 3

Partitioning

Back 3

When land is divided into two or three units in a single calendar year.

The units are called Parcels

Front 4

Subdividing

Back 4

When a tract of land under single ownership is divided into four or more units within a single calendar year.

The units are called Lots

Front 5

Regulations

Back 5

Cities & counties have the right to adopt standards and procedures for subdivisions and partitions.

Before a regulation is adopted, the planning commission must hold public hearings. The commission has 60 days after a hearing to make recommendations

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Subdivision or Partition Process

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1) Application in writing - with a map called a tentative plan

2) Approval - of the final plat

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Dedication

Back 7

a donation of land which sets aside for public use such property as streets, utility easements, school sites, parks, recreational facilities, etc

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Oregon Condominium Act

Back 8

regulates the creation, marketing, and operation of condominiums

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Condominium

Back 9

this includes:

1) land

2) buildings, improvements, and structures

3) easements, rights and appurtenances

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Condomimium Unit

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this is property intended for independent ownership with described boundaries

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Condominium Declaration

Back 11

creates the condominium and the covenants, conditions, and restrictions

when recorded, it converts the property to a number of single deed estates

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Condominium - Unit Description

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description of each unit and included within its boundaries - all spaces, partitions, windows, fixtures, service line outlets, other items including walls & floors that do not contribute to the structural or shear capacity of the condo.

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Condominium Common Elements

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General or Limited

allocated to each unit as a fractional or percentage of undivided interest

This is appurtenant to and cannot be separated from the unit.

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General Common Elements

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portions of the condo that are not part of a unit - land, foundations, basements, yards, lobbies, stairs, elevators, etc

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Limited Common Elements

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elements reserved for the use of certain units - balconies, assigned parking spaces, patios, party walls, etc.

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Declarent

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The person who records a condominium delcaration

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Declaration Amendments

Back 17

not effective unless it is approved by at least 75% of owners, the Real Estate Commissioner, and county assessor and is certified by chairperson of of owners association

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Condominium Recording

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any declaration, supplemental declaration or amendment must be approved in writing before it can be recorded

must be recorded within 2 years from date of approval

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Reserve Account

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declarent must establish a reserve account for replacement of common elements

must be funded by assessments against all units and NOT refundable to sellers of units

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Condominium Reports

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Two reports must be delivered to the Real Estate Agency for filing:

1) Condominium Information Report - filed within 90 days of declaration

- name of association

- name of the condominium & location

2) Annual Report

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Conversion Condominiums

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a building, improvement or structure (such as an apartment) that was occupied prior to any negotiation.

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Right of first refusal

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if a tenant occupies a unit before conversion to condo, the tenant will be given right of first refusal