94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations
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94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations.
(1)Except as provided in subsection
(4)of this section, an owner is personally liable for all assessments imposed on the owner or assessed against the owner’s lot by the homeowners association.
(2)(a) Subject to paragraph
(b)of this subsection, in a voluntary conveyance of a lot, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the lot 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 lot 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.
(3)An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:
(a)May rely on a written statement of unpaid assessments delivered pursuant to subsection
(2)of this section; and
(b)Is not liable for a failure to pay the association at closing any amount in excess of the amount set forth in the written statement.
(4)During the redemption period that follows an execution sale conducted under ORS 18.860 to 18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period.
(5)For purposes of ORS 94.550 to 94.783, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the lot, the certificate holder is deemed the owner of a lot sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [1999 c.677 §32; 2003 c.569 §18; 2015 c.120 §5]