Chapter 100

 

      Chapter 100

 

NOTES OF DECISIONS

 

      This chapter does not authorize regulation by the Real Estate Division of sales of “right to use” time share interests in condominiums. Royal Aloha Partners v. Real Estate Division, 59 Or App 564, 651 P2d 1350 (1982)

 

LAW REVIEW CITATIONS: 18 WLR 95 (1982)

 

      100.005 to 100.910

(formerly 94.004 to 94.480)

 

      See also annotations under ORS 91.505 to 91.675 in permanent edition.

 

NOTES OF DECISIONS

 

      Even if declarations filed for purpose of bringing development within condominium law were defective for failure to conform to statutory requirements, development was not vitiated but deficiencies would constitute mistake in transaction thus making instrument eligible for reformation in equity. Dickey v. Barnes, Mossberg, 268 Or 226, 519 P2d 1252 (1974)

 

      Developers of planned unit developments which are not organized as condominiums cannot claim the tax advantages of the Unit Ownership Law. Brooks Resources v. Dept. of Rev., 276 Or 1177, 558 P2d 312 (1976)

 

      Purchasers of condominium units are automatically members of the unit owners association and subject to its declaration and bylaws; where those declarations and bylaws provide discretion to the Board of Directors to assess for fees necessary to create a “unified plan for the development and operation” of the condominium, and the purchaser has alleged no abuse of discretion, the judgment of the Board of Directors is upheld. Assn. of Unit Owners of the Inn of the Seventh Mountain v. Gruenfeld, 277 Or 259, 560 P2d 641 (1977)

 

      Acquisition of property by condominium association is not limited to property subject to annexation requirements. Gier’s Liquor v. Association of Unit Owners, 124 Or App 365, 862 P2d 560 (1993)

 

LAW REVIEW CITATIONS: 16 WLR 253 (1979)

 

      100.185

(formerly 94.017)

 

NOTES OF DECISIONS

 

      Condominium is not “product” for purposes of strict liability under ORS 30.920. Association of Unit Owners of Bridgeview Condominiums v. Dunning, 187 Or App 595, 69 P3d 788 (2003)

 

LAW REVIEW CITATIONS: 16 WLR 259 (1979)

 

      100.310

(formerly 94.122)

 

LAW REVIEW CITATIONS: 16 WLR 260 (1979)

 

      100.405

(formerly 94.146)

 

NOTES OF DECISIONS

 

      Association of unit owners organized under this section was real party in interest in action against builder although 28 sales contracts were executed before plaintiff’s creation. Towerhill Condo. Association v. Amercian Condo. Homes, Inc., 66 Or App 342, 675 P2d 1051 (1984)

 

      Association of unit owners is real party in interest for purpose of asserting claim that is personal to individual unit owner. Association of Unit Owners of Bridgeview Condominiums v. Dunning, 187 Or App 595, 69 P3d 788 (2003)

 

      100.555

(formerly 94.285)

 

NOTES OF DECISIONS

 

      Where units are operated as part of single business enterprise, units remain subject to individual valuation and assessment. Lewis v. Dept. of Rev., 10 OTR 128 (1985), aff’d 302 Or 289, 728 P2d 1378 (1986)

 

      Where units are operated as part of single business enterprise, value of individual unit includes proportional share of business enterprise value. Lewis v. Dept. of Rev., 10 OTR 128 (1985), aff’d 302 Or 289, 728 P2d 1378 (1986)

 

      Method of valuing each condominium unit and then adding lessee’s remainder interest in land does not result in double taxation. Association of Unit Owners v. Dept. of Rev., 12 OTR 36 (1991)