Oregon Statutes 100.490 – Notice to unit owners of intent of association to commence judicial or administrative proceedings; contents of notice; right of unit owner to opt out
(1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS § 100.405 (4)(e)(E), the association of unit owners shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the owner. The notice shall, at a minimum:
Terms Used In Oregon Statutes 100.490
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(a) Be mailed to the mailing address of each unit or to the mailing addresses designated by the owners in writing to the association;
(b) Inform each owner of the general nature of the litigation or proceeding;
(c) Describe the specific nature of the damages to be sought on the owner’s behalf;
(d) Set forth the terms under which the association is willing to seek damages on the owner’s behalf, including any mechanism proposed for the determination and distribution of any damages recovered;
(e) Inform each owner of the owner’s right not to have the damages sought on the owner’s behalf and specify the procedure for exercising the right; and
(f) Inform the owner that exercising the owner’s right not to have damages sought on the owner’s behalf:
(A) Relieves the association of its duty to reimburse or indemnify the owner for the damages;
(B) Does not relieve the owner from the owner’s obligation to pay dues or assessments relating to the litigation or proceeding;
(C) Does not impair any easement owned or possessed by the association; and
(D) Does not interfere with the association’s right to make repairs to common elements.
(2) Within 10 days of mailing the notice described in this section, any owner may request in writing that the association not seek damages on the owner’s behalf. If an owner makes such a request, the association shall not make or continue any claim or action for damages with regard to the objecting owner’s unit or interest and shall be relieved of any duty to reimburse or indemnify the owner for damages under the litigation or proceeding. [1999 c.677 § 57; 2001 c.756 § 48]
100.490 was added to and made a part of ORS Chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ATTRIBUTES AND DUTIES OF OWNERSHIP