Oregon Statutes 100.305 – Conversion condominium; notice
(1) A declarant of a conversion condominium shall give each of the existing tenants of any building which the declarant intends to submit to the provisions of this chapter notice of the conversion at least 120 days before the conversion condominium is submitted to the provisions of this chapter. Thereafter, until the property is submitted to the provisions of this chapter, the declarant shall provide a copy of such notice to any new tenant before the commencement of the tenancy. The notice of conversion shall:
Terms Used In Oregon Statutes 100.305
- Building: means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. See Oregon Statutes 100.005
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Conversion condominium: means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:
(a) Residential in nature, at least in part; and
(b) Not wholly commercial or industrial, or commercial and industrial, in nature. See Oregon Statutes 100.005
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
- Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
- Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
- Sale: means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. See Oregon Statutes 100.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) State that the declarant intends to create a conversion condominium and include general information relating to the nature of condominium ownership.
(b) State that the notice does not constitute a notice to terminate the tenancy.
(c) State whether there will be a substantial alteration of the physical layout of the unit.
(d) State whether the declarant intends to offer the unit for sale and, if so:
(A) Set forth the rights of the tenant under ORS § 100.310 (1) to (3), including the time available for the declarant to make an offer to sell and for the tenant to respond;
(B) Set forth a good faith estimate of the approximate price range for which the unit will be offered for sale to the tenant under ORS § 100.310 (1) and (2);
(C) Set forth a good faith estimate of the monthly operational, maintenance and any other common expenses or assessments appertaining to the unit;
(D) State that financial assistance for purchasing the unit may be available from a local governing body, the Housing and Community Services Department or a regional housing center;
(E) Give contact information for the local regional housing center or, if no regional housing center exists, for the Housing and Community Services Department; and
(F) State that the landlord may not terminate the tenancy without cause if the termination would take effect before the end of the 120-day period described in this subsection or the 60-day period described in ORS § 100.310.
(e) Include information in substantially the following form:
______________________________________________________________________________
NOTICE OF RENT INCREASE RESTRICTIONS
During the 120 days following the receipt of this notice, your landlord may increase your rent only as follows:
If your rental agreement says that your rent will increase on a particular date and by a definite amount, the landlord may increase the rent as provided in your rental agreement.
If your rental agreement allows rent increases but does not say that your rent will increase on a particular date and by a definite amount, the landlord may not increase your rent by a percentage that is more than the percentage increase in the general cost of living. An increase in the general cost of living is measured by the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.
______________________________________________________________________________
(f) Be hand delivered to the dwelling unit of the tenant or sent to the tenant at the address of the dwelling unit by certified mail, return receipt requested.
(2) A notice of conversion given under subsection (1) of this section:
(a) Shall be for the sole purpose of providing the tenant with general information regarding the anticipated cost of acquisition of the unit and estimated monthly expenses.
(b) Does not obligate the declarant to submit the property to the provisions of this chapter.
(c) Does not constitute an offer to sell the unit to the tenant or an offer to sell at a particular price.
(d) Is not a limitation on monthly common expenses or assessments.
(3) The notice of conversion given under subsection (1) of this section must be delivered to the tenant at least 30 days prior to the presentation of an offer to sell under ORS § 100.310 (1) and (2).
(4) The declarant shall send a copy of the notice of conversion to the mayor of the city in which the conversion condominium is located or, if the conversion condominium is not located in a city, to the county commission or county court.
(5) A notice of conversion that does not contain the information required by subsection (1)(a) to (e) of this section, or that is not sent to the mayor, county commission or county court as required by subsection (4) of this section, does not begin the 120-day period required by subsection (1) of this section. Notwithstanding any prior delivery of a deficient notice of conversion, the 120-day period required by subsection (1) of this section does not begin until the date a valid notice is delivered. A tenant, mayor, county commission or county court entitled to notice may bring an action for injunctive relief to prevent the conversion until the declarant has complied with the notice requirement.
(6) The declaration may be recorded prior to the end of the 120-day period required under subsection (1) of this section with the written consent of all tenants who received the notice of conversion less than 120 days before the date of such consent.
(7) The requirement under subsection (1) of this section to provide a copy of the notice of conversion to new tenants shall not extend the 120-day period nor shall such tenant’s consent be required to record the declaration prior to the end of the 120-day period as provided for under subsection (6) of this section.
(8) A notice of conversion does not constitute a notice to terminate the tenancy. [Formerly 94.116; 2007 c.705 § 1; 2019 c.57 § 8]