94.623 Acquisition of special declarant rights by successor declarant; exceptions
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94.623 Acquisition of special declarant rights by successor declarant; exceptions.
(1)Except as otherwise provided in subsections
(2)and
(3)of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage or beneficiary of a trust deed affecting the declarant’s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of such transferor’s interest in a planned community, unless:
(a)The conveyance evidences an intent not to transfer any special declarant rights;
(b)An instrument executed by the transferor and the transferee evidences an intent not to transfer any special declarant rights and is recorded in the office of the recording officer of every county in which the property is located; or
(c)The transferee executes an instrument disclaiming any right to exercise any special declarant rights and such instrument is recorded in the office of the recording officer of every county in which the property is located.
(2)A transferee under subsection
(1)of this section shall acquire less than all special declarant rights if:
(a)The conveyance from the transferor or an instrument executed by the transferor and the transferee evidences an intent to transfer less than all special declarant rights and states the specific rights being transferred, and such instrument is recorded in the office of the recording officer of every county in which the property is located; or
(b)The transferee executes an instrument disclaiming specific special declarant rights and the instrument is recorded in the office of the recording officer of every county in which the property is located.
(3)When a transferee acquires all of the declarant’s interest in the planned community in which the declarant has reserved the right to expand the planned community under ORS 94.580, the transferee shall not acquire the right to annex property unless the transferee simultaneously acquires from the declarant property adjacent to the planned community, or unless the conveyance evidences an intent to transfer such right to the transferee.
(4)A declarant or a successor declarant may transfer all or less than all of the transferor’s special declarant rights to a transferee, whether or not any interest in real property is conveyed, by an instrument executed by the declarant or successor declarant and the transferee evidencing an intent to transfer all or specific special declarant rights, which instrument shall be recorded in the office of the recording officer of every county in which the property is located. If the transfer is not subject to subsection
(1)of this section, it shall also bear the written consent of any holder of a blanket encumbrance on the planned community.
(5)An instrument disclaiming or transferring special declarant rights shall be properly acknowledged as provided by law.
(6)(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.
(b)A transferor may only recover a transferred special declarant right through execution by both the transferor and the successor declarant of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [1999 c.677 §35; 2011 c.532 §2; 2017 c.112 §2]
(Homeowners Association; Management of Planned Community)