Terms Used In Oregon Statutes > Chapter 190 - Cooperation of Governmental Units; State Census; Arbitration

• Accessory building or structure: means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

  (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

  (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home. See Oregon Statutes 90.100

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
• Articles of incorporation: means the articles described in ORS § 60. See Oregon Statutes 60.001
• Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
• association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bequest: Property gifted by will.
• board of directors: means the governing body of a district. See Oregon Statutes 545.002
• 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
• charging station: means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles. See Oregon Statutes 100.005
• Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
• Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
• condominium unit: means a part of the property which:

  (a) Is described in ORS § 100. See Oregon Statutes 100.005

• Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
• 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: means the county in which the district, or the greatest length of highway to be illuminated, is located. See Oregon Statutes 372.010
• County board: means board of county commissioners or county court of a county. See Oregon Statutes 372.010
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• DBH: means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side. See Oregon Statutes 90.100
• 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
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Developer: means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale. See Oregon Statutes 100.005
• Devise: To gift property by will.
• District: means an irrigation district organized or operating under this chapter. See Oregon Statutes 545.002
• District: means a highway lighting district formed under this chapter. See Oregon Statutes 372.010
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means a corporation, foreign corporation, nonprofit corporation, profit or nonprofit unincorporated association, business trust, partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government and any foreign government. See Oregon Statutes 60.001
• executed by the association: means signed by the secretary and the president or chairperson of the association. See Oregon Statutes 100.005
• Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
• Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100. See Oregon Statutes 100.005
• Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
• Governing document: means articles of incorporation, bylaws, a declaration or a rule, regulation or resolution that was properly adopted by the association of unit owners or any other instrument or plat relating to common ownership or common maintenance of a portion of a condominium that is binding upon units within the condominium. See Oregon Statutes 100.005
• Hazard tree: means a tree that:

  (a) Is located on a rented space in a manufactured dwelling park;

  (b) Measures at least eight inches DBH; and

  (c) Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS § 671. See Oregon Statutes 90.100

• Highway: means any road or way open to public travel. See Oregon Statutes 372.010
• interest or estate: includes a lessee's interest in a unit for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. See Oregon Statutes 100.005
• judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
• Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
• Leasehold: means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS § 100. See Oregon Statutes 100.005
• Legacy: A gift of property made by will.
• Limited common elements: means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units. See Oregon Statutes 100.005
• majority of unit owners: means more than 50 percent of the voting rights allocated to the units by the declaration. See Oregon Statutes 100.005
• Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
• Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
• Marina: means a moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Negotiation: means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit. See Oregon Statutes 100.005
• Nonwithdrawable variable property: means property which pursuant to ORS § 100. See Oregon Statutes 100.005
• Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

  (a) All or part of the legal title to property; or

  (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100

• percentage of owners: means the percent of the voting rights determined under ORS § 100. See Oregon Statutes 100.005
• Person: includes an individual or organization. See Oregon Statutes 90.100
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchaser: means an actual or prospective purchaser of a condominium unit pursuant to a sale. See Oregon Statutes 100.005
• Quorum: The number of legislators that must be present to do business.
• Record date: means the date established under this chapter on which a corporation determines the identity of the corporation's shareholders and their shareholdings for purposes of this chapter. See Oregon Statutes 60.001
• 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
• Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005
• Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
• Rental agreement: includes a lease. See Oregon Statutes 90.100
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Reservation agreement: means an agreement relating to the future sale of a unit which is not binding on the purchaser and which grants purchaser the right to cancel the agreement without penalty and obtain a refund of any funds deposited at any time until purchaser executes a unit sales agreement. 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
• Share: means a unit into which the proprietary interest in a corporation is divided. See Oregon Statutes 60.001
• Shareholder: means a person in whose name a share is registered in the records of a corporation or the beneficial owner of a share to the extent of the rights granted by a nominee certificate on file with a corporation. See Oregon Statutes 60.001
• Special declarant right: means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter. See Oregon Statutes 100.005
• Staged condominium: means a condominium that provides for annexation of additional property pursuant to ORS § 100. See Oregon Statutes 100.005
• Subpoena: A command to a witness to appear and give testimony.
• Successor declarant: means the transferee of any special declarant right. See Oregon Statutes 100.005
• Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Turnover meeting: means the meeting provided for under ORS § 100. See Oregon Statutes 100.005
• Unit designation: means the number, letter or combination thereof designating a unit in the declaration and on the plat. See Oregon Statutes 100.005
• Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
• Voting rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
• Written: means embodied as a document. See Oregon Statutes 60.001