Oregon Revised Statutes Chapter 100 § 100.200 — Declarant control of association
Oregon Revised Statutes Chapter 100 ·
Oregon Code § 100.200·Enacted ·Last updated March 01, 2026
Statute Text
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
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 100.200
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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