(1) Failure of the declarant, association, any association member or any other person subject to ORS § 94.550 to 94.783 to comply with applicable sections of ORS § 94.550 to 94.783 is cause for suit or action to remedy the violation or to recover actual damages. The prevailing party is entitled to reasonable attorney fees and court costs.

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Terms Used In Oregon Statutes 94.780

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) Failure of an association to accept administrative responsibility under ORS § 94.616 is a defense for the declarant against an action brought under this section.

(3) A suit or action arising under this section must be commenced within one year after the discovery or identification of the alleged violation. [1981 c.782 § 83; 1999 c.677 § 67; 2021 c.40 § 15]