100.540 Use and maintenance of common elements; access for maintenance
275 words·~1 min read·
/or/ors-chapter-100/condominiums/warning/100-540·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
100.540 Use and maintenance of common elements; access for maintenance.
(1)Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach upon the lawful rights of the other unit owners.
(2)Unless otherwise provided in the declaration or bylaws:
(a)The responsibility for maintenance, repair and replacement of the common elements is the responsibility of the association of unit owners; and
(b)The cost of maintenance, repair and replacement is a common expense of the association.
(3)The necessary work of maintenance, repair and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws.
(4)(a) Upon request given to the owner and any occupant, any person authorized by the association may enter a unit and any limited common element appertaining to a unit:
(A)As may be necessary for the maintenance, repair or replacement of the common elements or any unit for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or this chapter; or
(B)To make emergency repairs to the unit or common elements necessary for the public safety or to prevent damage to the common elements or to another unit.
(b)Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create any right of action in the owner of a unit. [Formerly 94.270; 2007 c.410 §16; 2009 c.641 §34]