Condominiums, Planned Communities and Homeowner Associations
What are Condominiums and Planned Communities?
Condominiums and Planned Communities are governed by the Oregon Revised Statutes. The Oregon Condominium Act is found are in ORS Ch. 100 and The Oregon Planned Community Act is found in are ORS 94.550-94.783. Attorneys experienced in condominiums and planned communities are familiar with the creation of condominiums, the preparation of declarations, bylaws and disclosure statements, as well as the formation of homeowners associations, preparation of reserve studies and structural condition reports for conversion condominiums.
Planned communities deal with conditions, covenants and restrictions (CC&R’s), subdivision plats as well as homeowner association formations, reserve studies, bylaws and homeowner association governance.
These are specialized areas of the law and you should consult with an attorney who is experienced in these areas. We are a law firm with experience in all areas of condominium and planned community law and can assist you if you are a developer or a unit owner in a condominium, a homeowner in a planned community or a board member or officer of a homeowners association. We are experienced in the creation of condominiums and Planned Communities including obtaining the necessary approvals from government agencies including the Oregon Real Estate Agency and the various county surveyors. After formation, we are also experienced in conducting turnover meetings, dealing with rules and regulations, assisting homeowners associations in dues and assessments, and general governance issues, lien enforcement, insurance issues, maintenance issues and inspections and all other facets of the law governing Condominiums and Planned Communities.
“What’s the difference between a Condominium and a Planned Community?”
The principal difference is that if you are a unit owner in a condominium, you do not own the land or the other common elements (as defined by the declaration and the plat) upon which your unit sits; although you do own an undivided percentage of the land and other common elements along with the other unit owners. Your percentage of ownership is set out in the declaration and may also be spelled out in your deed. With a Planned Community, the land has been subdivided and you as a homeowner are the owner of the land upon which your home sits.
With recent changes in the Oregon Revised Statutes for both Condominiums and Planned Communities, the provisions for the creation and management of these two forms of property development have many similar characteristics and requirements.
Authored by Warner E. Allen, Partner
Warren Allen LLP
DISCLAIMER: The information contained in this article is based on Oregon law and is subject to change. It should be used for general purposes only and should not be construed as specific legal advice by Warren Allen LLP, or its attorneys. Neither this website nor use of its information creates an attorney-client relationship. If you have specific legal questions, consult with your own attorney or call us for an appointment.