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Code · Oregon · ORS Chapter 100 · Condominiums · Declarant Control; Turnover

100.200 Declarant control of association

462 words·~2 min read·/or/ors-chapter-100/condominiums/declarant-control-turnover/100-200·

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100.200 Declarant control of association.
(1)Subject to subsection
(2)of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of unit owners, during which period a declarant or person designated by the declarant may appoint and remove officers and members of the board of directors and exercise powers and responsibilities otherwise assigned by the declaration, bylaws or the provisions of this chapter to the association, the officers or the board of directors. No formal or written proxy or power of attorney need be required of the unit owners to vest the declarant with such authority. Declarant control may be achieved by allocating in the declaration greater voting rights to a unit owned by the declarant.
(2)The declaration or bylaws may not provide for a period of administrative control of the association of unit owners by the declarant for a period exceeding:
(a)In a single stage condominium the earlier of:
(A)Three years from the date the first unit is conveyed; or
(B)The date of conveyance to persons other than the declarant of 75 percent of the units.
(b)In a staged or flexible condominium the earlier of:
(A)Seven years from the date the first unit is conveyed; or
(B)The date of conveyance to persons other than the declarant of 75 percent of the units which may be created or annexed under ORS 100.125 or 100.150, whichever is applicable.
(3)A declarant may voluntarily relinquish any rights reserved in the declaration or bylaws under subsection
(1)of this section.
(4)Upon the expiration of any period of declarant control reserved in the declaration or bylaws under subsection
(1)of this section, such right shall automatically pass to the unit owners, including the declarant if the declarant then owns one or more units in the condominium.
(5)A declaration or bylaws may not be amended to increase the scope of any rights reserved in the declaration or bylaws under subsection
(1)of this section without the consent of all unit owners.
(6)The limitations specified in subsection
(2)of this section shall not limit any right reserved by the declarant under ORS 100.105
(2)or (7), 100.125 or 100.150 or any other special declarant right which does not relate to administrative control of the association by the declarant including, but not limited to, the right to require that the declaration or bylaws may not be amended without the declarant’s consent until a stated date, the expiration of a stated number of years or the occurrence of a stipulated event.
(7)The limitations of subsection
(2)of this section do not apply to a condominium or condominium units committed to a timeshare plan as defined in ORS 94.803. [Formerly 94.078]
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