Bill Text: OR HB3301 | 2013 | Regular Session | Enrolled
Bill Title: Relating to electric vehicle charging stations.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Passed) 2013-06-18 - Chapter 438, (2013 Laws): Effective date January 1, 2014. [HB3301 Detail]
Download: Oregon-2013-HB3301-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3301
Sponsored by Representative BARNHART; Representatives DOHERTY,
KENY-GUYER, LIVELY, READ
CHAPTER ................
AN ACT
Relating to electric vehicle charging stations; creating new
provisions; and amending ORS 94.550, 94.572 and 100.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 94.550 is amended to read:
94.550. As used in ORS 94.550 to 94.783:
(1) 'Assessment' means any charge imposed or levied by a
homeowners association on or against an owner or lot pursuant to
the provisions of the declaration or the bylaws of the planned
community or provisions of ORS 94.550 to 94.783.
(2) 'Blanket encumbrance' means a trust deed or mortgage or any
other lien or encumbrance, mechanic's lien or otherwise, securing
or evidencing the payment of money and affecting more than one
lot in a planned community, or an agreement affecting more than
one lot by which the developer holds such planned community under
an option, contract to sell or trust agreement.
(3) 'Class I planned community' means a planned community that:
(a) Contains at least 13 lots or in which the declarant has
reserved the right to increase the total number of lots beyond
12; and
(b) Has an estimated annual assessment, including an amount
required for reserves under ORS 94.595, exceeding $10,000 for all
lots or $100 per lot, whichever is greater, based on:
(A) For a planned community created on or after January 1,
2002, the initial estimated annual assessment, including a
constructive assessment based on a subsidy of the association
through a contribution of funds, goods or services by the
declarant; or
(B) For a planned community created before January 1, 2002, a
reasonable estimate of the cost of fulfilling existing
obligations imposed by the declaration, bylaws or other governing
document as of January 1, 2002.
(4) 'Class II planned community' means a planned community
that:
(a) Is not a Class I planned community;
(b) Contains at least five lots; and
(c) Has an estimated annual assessment exceeding $1,000 for all
lots based on:
(A) For a planned community created on or after January 1,
2002, the initial estimated annual assessment, including a
constructive assessment based on a subsidy of the association
Enrolled House Bill 3301 (HB 3301-C) Page 1
through a contribution of funds, goods or services by the
declarant; or
(B) For a planned community created before January 1, 2002, a
reasonable estimate of the cost of fulfilling existing
obligations imposed by the declaration, bylaws or other governing
document as of January 1, 2002.
(5) 'Class III planned community' means a planned community
that is not a Class I or II planned community.
(6) 'Common expenses' means expenditures made by or financial
liabilities incurred by the homeowners association and includes
any allocations to the reserve account under ORS 94.595.
(7) 'Common property' means any real property or interest in
real property within a planned community which is owned, held or
leased by the homeowners association or owned as tenants in
common by the lot owners, or designated in the declaration or the
plat for transfer to the association.
(8) 'Condominium' means property submitted to the provisions of
ORS chapter 100.
(9) 'Declarant' means any person who creates a planned
community under ORS 94.550 to 94.785.
(10) 'Declarant control' means any special declarant right
relating to administrative control of a homeowners association,
including but not limited to:
(a) The right of the declarant or person designated by the
declarant to appoint or remove an officer or a member of the
board of directors;
(b) Any weighted vote or special voting right granted to a
declarant or to units owned by the declarant so that the
declarant will hold a majority of the voting rights in the
association by virtue of such weighted vote or special voting
right; and
(c) The right of the declarant to exercise powers and
responsibilities otherwise assigned by the declaration or bylaws
or by the provisions of ORS 94.550 to 94.783 to the association,
officers of the association or board of directors of the
association.
(11) 'Declaration' means the instrument described in ORS 94.580
which establishes a planned community, and any amendments to the
instrument.
{ + (12) 'Electric vehicle charging station' or 'charging
station' means a facility designed to deliver electrical current
for the purpose of charging one or more electric motor
vehicles. + }
{ - (12) - } { + (13) + } 'Governing document' means an
instrument or plat relating to common ownership or common
maintenance of a portion of a planned community and that is
binding upon lots within the planned community.
{ - (13) - } { + (14) + } 'Homeowners association' or
'association ' means the organization of owners of lots in a
planned community, created under ORS 94.625, required by a
governing document or formed under ORS 94.572.
{ - (14) - } { + (15) + } 'Majority' or 'majority of votes'
or ' majority of owners' means more than 50 percent of the votes
in the planned community.
{ - (15) - } { + (16) + } 'Mortgagee' means any person who
is:
(a) A mortgagee under a mortgage;
(b) A beneficiary under a trust deed; or
(c) The vendor under a land sale contract.
Enrolled House Bill 3301 (HB 3301-C) Page 2
{ - (16) - } { + (17) + } 'Owner' means the owner of any
lot in a planned community, unless otherwise specified, but does
not include a person holding only a security interest in a lot.
{ - (17) - } { + (18) + } 'Percent of owners' or
'percentage of owners ' means the owners representing the
specified voting rights as determined under ORS 94.658.
{ - (18)(a) - } { + (19)(a) + } 'Planned community' means
any subdivision under ORS 92.010 to 92.192 that results in a
pattern of ownership of real property and all the buildings,
improvements and rights located on or belonging to the real
property, in which the owners collectively are responsible for
the maintenance, operation, insurance or other expenses relating
to any property within the planned community, including common
property, if any, or for the exterior maintenance of any property
that is individually owned.
(b) 'Planned community' does not mean:
(A) A condominium under ORS chapter 100;
(B) A planned community that is exclusively commercial or
industrial; or
(C) A timeshare plan under ORS 94.803 to 94.945.
{ - (19) - } { + (20) + } 'Purchaser' means any person
other than a declarant who, by means of a voluntary transfer,
acquires a legal or equitable interest in a lot, other than as
security for an obligation.
{ - (20) - } { + (21) + } 'Purchaser for resale' means any
person who purchases from the declarant more than two lots for
the purpose of resale whether or not the purchaser for resale
makes improvements to the lots before reselling them.
{ - (21) - } { + (22) + } 'Special declarant rights' means
any rights, in addition to the rights of the declarant as a lot
owner, reserved for the benefit of the declarant under the
declaration or ORS 94.550 to 94.783, including but not limited
to:
(a) Constructing or completing construction of improvements in
the planned community which are described in the declaration;
(b) Expanding the planned community or withdrawing property
from the planned community under ORS 94.580 (3) and (4);
(c) Converting lots into common property;
(d) Making the planned community subject to a master
association under ORS 94.695; or
(e) Exercising any right of declarant control reserved under
ORS 94.600.
{ - (22) - } { + (23) + } 'Successor declarant' means the
transferee of any special declarant right.
{ - (23) - } { + (24) + } 'Turn over' means the act of
turning over administrative responsibility pursuant to ORS 94.609
and 94.616.
{ - (24) - } { + (25) + } 'Unit' means a building or
portion of a building located upon a lot in a planned community
and designated for separate occupancy or ownership, but does not
include any building or portion of a building located on common
property.
{ - (25) - } { + (26) + } 'Votes' means the votes allocated
to lots in the declaration under ORS 94.580 (2).
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS 94.550 to 94.783. + }
SECTION 3. { + (1) Notwithstanding contrary provisions of a
declaration or bylaws of a planned community:
(a) An owner may submit an application to install an electric
vehicle charging station for the personal, noncommercial use of
Enrolled House Bill 3301 (HB 3301-C) Page 3
the owner, in compliance with the requirements of this section,
in a parking space, on a lot or in any other area subject to the
exclusive use of the owner.
(b) A homeowners association may not prohibit installation or
use of a charging station installed and used in compliance with
the requirements of this section.
(2) When the owner complies or agrees to comply with the
requirements of this section, a homeowners association, or a
declarant in lieu of the association, shall approve a completed
application within 60 days after the owner submits the
application unless the delay in approving the application is
based on a reasonable request for additional information.
(3) A homeowners association:
(a) May require an owner to submit an application before
installing a charging station.
(b) May require the charging station to meet the architectural
standards of the planned community.
(c) May impose reasonable charges to recover costs of the
review and permitting of a charging station.
(d) May impose reasonable restrictions on the installation and
use of the charging station that do not significantly increase
the cost of the charging station or significantly decrease the
efficiency or performance of the charging station.
(4) Notwithstanding ORS 479.540, the charging station must be
installed by a person that holds a license, as defined in ORS
479.530, to act as a journeyman electrician.
(5) The owner is responsible for:
(a) All costs associated with installation and use of the
charging station, including:
(A) The cost of electricity associated with the charging
station; and
(B) The cost of damage to common property and to areas subject
to the exclusive use of other owners that results from the
installation, use, maintenance, repair, removal or replacement of
the charging station.
(b) Disclosure to a prospective buyer of the lot of the
existence of the charging station and the related
responsibilities of the owner under this section.
(6) If the homeowners association reasonably determines that
the cumulative use of electricity in the planned community
attributable to the installation and use of charging stations
requires the installation of additional infrastructure
improvements to provide the planned community with a sufficient
supply of electricity, the association may assess the cost of the
additional improvements against the lot of each owner that has,
or will, install a charging station.
(7)(a) A pedestal, or similar, charging station that is
hard-wired into the electrical system must be a certified
electrical product, as defined in ORS 479.530.
(b) If a charging station, other than one described in
paragraph (a) of this subsection, is not a certified electrical
product, the owner shall:
(A) Maintain a homeowner liability insurance policy in an
amount not less than $1 million that includes coverage of the
charging station; and
(B) Name the homeowners association as a named additional
insured under the policy with a right to notice of cancellation
of the policy.
Enrolled House Bill 3301 (HB 3301-C) Page 4
(8) In any action between an owner and a homeowners association
to enforce compliance with this section, the prevailing party is
entitled to an award of attorney fees and costs. + }
SECTION 4. ORS 94.572 is amended to read:
94.572. (1)(a) A Class I or Class II planned community created
before January 1, 2002, that was not created under ORS 94.550 to
94.783 is subject to this section and ORS 94.550, 94.590, 94.595
(5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639,
94.640, 94.641, 94.642, 94.645, 94.647, 94.650, 94.652, 94.655,
94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675,
94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716,
94.719, 94.723, 94.728, 94.733, 94.770, 94.775, 94.777 and 94.780
{ + and section 3 of this 2013 Act + } to the extent that those
statutes are consistent with any governing documents. If the
governing documents do not provide for the formation of an
association, the requirements of this subsection are not
effective until the formation of an association in accordance
with paragraph (b) of this subsection. If a provision of the
governing documents is inconsistent with this subsection, the
owners may amend the governing documents using the procedures in
this subsection:
(A) In accordance with the procedures for the adoption of
amendments in the governing documents and subject to any
limitations in the governing documents, the owners may amend the
inconsistent provisions of the governing documents to conform to
the extent feasible with this section and ORS 94.550, 94.590,
94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4),
94.639, 94.640, 94.641, 94.642, 94.645, 94.647, 94.650, 94.652,
94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670,
94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712,
94.716, 94.719, 94.723, 94.728, 94.733, 94.770, 94.775, 94.777
and 94.780 { + and section 3 of this 2013 Act + }. Nothing in
this paragraph requires the owners to amend a declaration or
bylaws to include the information required by ORS 94.580 or
94.635.
(B) If there are no procedures for amendment in the governing
documents:
(i) For an amendment to a recorded governing document other
than bylaws, the owners may amend the inconsistent provisions of
the document to conform to this section and ORS 94.550, 94.590,
94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4),
94.639, 94.640, 94.641, 94.642, 94.645, 94.647, 94.650, 94.652,
94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670,
94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712,
94.716, 94.719, 94.723, 94.728, 94.733, 94.770, 94.775, 94.777
and 94.780 { + and section 3 of this 2013 Act + } by a vote of
at least 75 percent of the owners in the planned community.
(ii) For an amendment to the bylaws, the owners may amend the
inconsistent provisions of the bylaws to conform to this section
and ORS 94.550, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630
(1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.645, 94.647,
94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662,
94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704,
94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.770,
94.775, 94.777 and 94.780 { + and section 3 of this 2013 Act + }
by a vote of at least a majority of the owners in the planned
community.
(iii) An amendment may be adopted at a meeting held in
accordance with the governing documents or by another procedure
Enrolled House Bill 3301 (HB 3301-C) Page 5
permitted by the governing documents following the procedures
prescribed in ORS 94.647, 94.650 or 94.660.
(iv) An amendment to a recorded declaration shall be executed,
certified and recorded as provided in ORS 94.590 (2) and (3) and
shall be subject to ORS 94.590 (5). An amendment to the bylaws
and any other governing document shall be executed and certified
as provided in ORS 94.590 (3) and shall be recorded in the office
of the recording officer of every county in which the planned
community is located if the bylaws or other governing document to
which the amendment relates were recorded.
(C) An amendment adopted pursuant to this paragraph shall
include:
(i) A reference to the recording index numbers and date of
recording of the declaration or other governing document, if
recorded, to which the amendment relates; and
(ii) A statement that the amendment is adopted pursuant to the
applicable subparagraph of this paragraph.
(b)(A) If the governing documents do not provide for the
formation of an association of owners, at least 10 percent of the
owners in the planned community or any governing entity may
initiate the formation of an association as provided in this
paragraph. The owners or the governing entity initiating the
association formation shall call an organizational meeting for
the purpose of voting whether to form an association described in
ORS 94.625. The notice of the meeting shall:
(i) Name the initiating owners or governing entity;
(ii) State that the organizational meeting is for the purpose
of voting whether to form an association in accordance with the
proposed articles of incorporation;
(iii) State that if the owners vote to form an association, the
owners may elect the initial board of directors provided for in
the articles of incorporation and may adopt the initial bylaws;
(iv) State that to form an association requires an affirmative
vote of at least a majority of the owners in the planned
community, or, if a larger percentage is specified in the
applicable governing document, the larger percentage;
(v) State that to adopt articles of incorporation, to elect the
initial board of directors pursuant to the articles of
incorporation or to adopt the initial bylaws requires an
affirmative vote of at least a majority of the owners present;
(vi) State that if the initial board of directors is not
elected, an interim board of directors shall be elected pursuant
to bylaws adopted as provided in subparagraph (C) of this
paragraph;
(vii) State that a copy of the proposed articles of
incorporation and bylaws will be available at least five business
days before the meeting and state the method of requesting a
copy; and
(viii) Be delivered in accordance with the declaration and
bylaws. If there is no governing document or the document does
not include applicable provisions, the owners or governing entity
shall follow the procedures prescribed in ORS 94.650 (4).
(B) At least five business days before the organizational
meeting, the initiating owners or governing entity shall cause
articles of incorporation and bylaws to be drafted. The bylaws
shall include, to the extent applicable, the information required
by ORS 94.635.
(C) At the organizational meeting:
(i) Representatives of the initiating owners or governing
entity shall, to the extent not inconsistent with the governing
Enrolled House Bill 3301 (HB 3301-C) Page 6
documents, conduct the meeting according to Robert's Rules of
Order as provided in ORS 94.657.
(ii) The initiating owners or governing entity shall make
available copies of the proposed articles of incorporation and
the proposed bylaws.
(iii) The affirmative vote of at least a majority of the owners
of a planned community, or, if a larger percentage is specified
in the applicable governing document, the larger percentage, is
required to form an association under this paragraph.
(iv) If the owners vote to form an association, the owners
shall adopt articles of incorporation and may elect the initial
board of directors as provided in the articles of incorporation,
adopt bylaws and conduct any other authorized business by an
affirmative vote of at least a majority of the owners present. If
the owners do not elect the initial board of directors, owners
shall elect an interim board of directors by an affirmative vote
of at least a majority of the owners present to serve until the
initial board of directors is elected.
(v) An owner may vote by proxy, or by written ballot, if
approved, in the discretion of a majority of the initiating
owners or governing entity.
(D) Not later than 10 business days after the organizational
meeting, the board of directors shall:
(i) Cause the articles of incorporation to be filed with the
Secretary of State under ORS chapter 65;
(ii) Cause the notice of planned community described in
subsection (4) of this section to be prepared, executed and
recorded in accordance with subsection (4) of this section;
(iii) Provide a copy of the notice of planned community to each
owner, together with a copy of the adopted articles of
incorporation and bylaws, if any, or a statement of the procedure
and method for adoption of bylaws described in subparagraph (C)
of this paragraph. The copies and any statement shall be
delivered to each lot, mailed to the mailing address of each lot
or mailed to the mailing addresses designated by the owners in
writing; and
(iv) Cause a statement of association information to be
prepared, executed and recorded in accordance with ORS 94.667.
(E) If the owners vote to form an association, all costs
incurred under this paragraph, including but not limited to the
preparation and filing of the articles of incorporation, drafting
of bylaws, preparation of notice of meeting and the drafting,
delivery and recording of all notices and statements shall be a
common expense of the owners and shall be allocated as provided
in the appropriate governing document or any amendment thereto.
(2)(a) The owners of lots in a Class I or Class II planned
community that are subject to the provisions of ORS chapter 94
specified in subsection (1) of this section may elect to be
subject to any other provisions of ORS 94.550 to 94.783 upon
compliance with the procedures prescribed in subsection (1) of
this section.
(b) If the owners of lots in a Class I or Class II planned
community elect to be subject to additional provisions of ORS
94.550 to 94.783, unless the notice of planned community
otherwise required or permitted under subsection (4) of this
section includes a statement of the election pursuant to this
paragraph, the board of directors of the association shall cause
the notice of planned community described in subsection (4) of
this section to be prepared, executed and recorded in accordance
with subsection (4) of this section.
Enrolled House Bill 3301 (HB 3301-C) Page 7
(3)(a) The owners of lots in a Class III planned community
created before January 1, 2002, may elect to be subject to
provisions of ORS 94.550 to 94.783 upon compliance with the
applicable procedures in subsection (1) of this section.
(b) If the owners of lots in a Class III planned community
elect to be subject to provisions of ORS 94.550 to 94.783, the
board of directors of the association shall cause the notice of
planned community described in subsection (4) of this section to
be prepared, executed and recorded in accordance with subsection
(4) of this section.
(4) The notice of planned community required or permitted by
this section shall be:
(a) Titled 'Notice of Planned Community under ORS 94.572';
(b) Executed by the president and secretary of the association;
and
(c) Recorded in the office of the recording officer of every
county in which the property is located.
(5) The notice of planned community shall include:
(a) The name of the planned community and association as
identified in the recorded declaration, conditions, covenants and
restrictions or other governing document and, if different, the
current name of the association;
(b) A list of the properties, described as required for
recordation in ORS 93.600, within the jurisdiction of the
association;
(c) Information identifying the recorded declaration,
conditions, covenants and restrictions or other governing
documents and a reference to the recording index numbers and date
of recording of the governing documents;
(d) A statement that the property described in accordance with
paragraph (b) of this subsection is subject to specific
provisions of the Oregon Planned Community Act;
(e) A reference to the specific provisions of the Oregon
Planned Community Act that apply to the subject property and a
reference to the subsection of this section under which the
application is made; and
(f) If an association is formed under subsection (1)(b)(A) of
this section, a statement to that effect.
(6) An amended statement shall include a reference to the
recording index numbers and the date of recording of prior
statements.
(7) The county clerk may charge a fee for recording a statement
under this section according to the provisions of ORS 205.320
(4).
(8) The board of directors of an association not otherwise
required to cause a notice of planned community described in
subsection (4) of this section to be prepared and recorded under
this section may cause a notice of planned community to be
prepared, executed and recorded as provided in subsection (4) of
this section.
(9) Title to a unit, lot or common property in a Class I or
Class II planned community created before January 1, 2002, may
not be rendered unmarketable or otherwise affected by a failure
of the planned community to be in compliance with a requirement
of this section.
(10) As used in this section:
(a) 'Governing entity' means an incorporated or unincorporated
association, committee, person or any other entity that has
authority, under a governing document, to maintain commonly
maintained property, impose assessments on lots or to act on
Enrolled House Bill 3301 (HB 3301-C) Page 8
behalf of lot owners within the planned community on matters of
common concern.
(b) 'Recorded declaration' means an instrument recorded with
the county recording officer of the county in which the planned
community is located that contains conditions, covenants and
restrictions binding lots in the planned community or imposes
servitudes upon the real property.
SECTION 5. ORS 100.005 is amended to read:
100.005. As used in this chapter, unless the context requires
otherwise:
(1) '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 ORS 100.005 to 100.910.
(2) 'Association of unit owners' means the association provided
for under ORS 100.405.
(3) 'Association property' means any real property or interest
in real property acquired, held or possessed by the association
under ORS 100.405.
(4) 'Blanket encumbrance' means a trust deed or mortgage or any
other lien or encumbrance, mechanic's lien or otherwise, securing
or evidencing the payment of money and affecting more than one
unit in a condominium, or an agreement affecting more than one
such unit by which the developer holds such condominium under an
option, contract to sell or trust agreement.
(5) 'Building' means a multiple-unit building or single-unit
buildings, or any combination thereof, comprising a part of the
property. 'Building' also includes a floating structure described
in ORS 100.020 (3)(b)(D).
(6) 'Commissioner' means the Real Estate Commissioner.
(7) 'Common elements' means the general common elements and the
limited common elements.
(8) 'Common expenses' means:
(a) Expenses of administration, maintenance, repair or
replacement of the common elements;
(b) Expenses agreed upon as common by all the unit owners; and
(c) Expenses declared common by ORS 100.005 to 100.625 or by
the declaration or the bylaws of the particular condominium.
(9) 'Condominium' means:
(a) With respect to property located within this state:
(A) The land, if any, whether fee simple, leasehold, easement
or other interest or combination thereof, and whether contiguous
or noncontiguous;
(B) Any buildings, improvements and structures on the property;
and
(C) Any easements, rights and appurtenances belonging to the
property submitted to the provisions of ORS 100.005 to 100.625;
and
(b) With respect to property located outside this state, the
property that has been committed to the condominium form of
ownership in accordance with the jurisdiction within which the
property is located.
(10) 'Conversion condominium' means a condominium in 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.
(11) 'Declarant' means a person who records a declaration under
ORS 100.100 or a supplemental declaration under ORS 100.110.
Enrolled House Bill 3301 (HB 3301-C) Page 9
(12) 'Declaration' means the instrument described in ORS
100.100 by which the condominium is created and as modified by
any amendment recorded in accordance with ORS 100.135 or
supplemental declaration recorded in accordance with ORS 100.120.
(13) 'Developer' means a declarant or any person who purchases
an interest in a condominium from declarant, successor declarant
or subsequent developer for the primary purpose of resale.
{ + (14) 'Electric vehicle charging station' or 'charging
station' means a facility designed to deliver electrical current
for the purpose of charging one or more electric motor
vehicles. + }
{ - (14) - } { + (15) + } 'Flexible condominium' means a
condominium containing property that may be reclassified or
withdrawn from the condominium pursuant to ORS 100.150 (1).
{ - (15) - } { + (16) + } 'General common elements,' unless
otherwise provided in a declaration, means all portions of the
condominium that are not part of a unit or a limited common
element, including but not limited to the following:
(a) The land, whether fee simple, leasehold, easement, other
interest or combination thereof, together with any rights and
appurtenances;
(b) The foundations, columns, girders, beams, supports, bearing
and shear walls, windows, except glazing and screening, unit
access doors, except glazing and screening, roofs, halls,
corridors, lobbies, stairs, fire escapes, entrances and exits of
a building;
(c) The basements, yards, gardens, parking areas and outside
storage spaces;
(d) Installations of central services such as power, light,
gas, hot and cold water, heating, refrigeration, air
conditioning, waste disposal and incinerating;
(e) The elevators, tanks, pumps, motors, fans, compressors,
ducts and in general all apparatus and installations existing for
common use;
(f) The premises for the lodging of janitors or caretakers of
the property; and
(g) All other elements of a building and the condominium
necessary or convenient to their existence, maintenance and
safety, or normally in common use.
{ - (16) - } { + (17) + } 'Leasehold' means the interest of
a person, firm or corporation who is the lessee under a lease
from the owner in fee and who files a declaration creating a
condominium under ORS 100.100.
{ - (17) - } { + (18) + } '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.
{ - (18) - } { + (19) + } 'Majority' or 'majority of unit
owners' means more than 50 percent of the voting rights allocated
to the units by the declaration.
{ - (19) - } { + (20) + } 'Mortgagee' means any person who
is:
(a) A mortgagee under a mortgage;
(b) A beneficiary under a trust deed; or
(c) The vendor under a land sale contract.
{ - (20) - } { + (21) + } '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.
Enrolled House Bill 3301 (HB 3301-C) Page 10
{ - (21) - } { + (22) + } 'Nonwithdrawable property' means
property which pursuant to ORS 100.150 (1)(b):
(a) Is designated nonwithdrawable in the declaration and on the
plat; and
(b) Which may not be withdrawn from the condominium without the
consent of all of the unit owners.
{ - (22) - } { + (23) + } 'Percent of owners' or
'percentage of owners ' means the percent of the voting rights
determined under ORS 100.525.
{ - (23) - } { + (24) + } 'Purchaser' means an actual or
prospective purchaser of a condominium unit pursuant to a sale.
{ - (24) - } { + (25) + } '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.
{ - (25) - } { + (26) + } '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.
{ - (26) - } { + (27) + } 'Sale' includes every 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. '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. 'Interest or estate' does not include any
interest held for security purposes or a timeshare regulated or
otherwise exempt under ORS 94.803 and 94.807 to 94.945.
{ - (27) - } { + (28) + } '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.
{ - (28) - } { + (29) + } 'Staged condominium' means a
condominium which provides for annexation of additional property
pursuant to ORS 100.115 and 100.120.
{ - (29) - } { + (30) + } 'Successor declarant' means the
transferee of any special declarant right.
{ - (30) - } { + (31) + } 'Termination date' means that
date described in ORS 100.105 (2)(b) or (7)(d).
{ - (31) - } { + (32) + } 'Transitional committee' means
the committee provided for under ORS 100.205.
{ - (32) - } { + (33) + } 'Turnover meeting' means the
meeting provided for under ORS 100.210.
{ - (33) - } { + (34) + } 'Unit' or 'condominium unit'
means a part of the property which:
(a) Is described in ORS 100.020 (3);
(b) Is intended for any type of independent ownership; and
(c) The boundaries of which are described pursuant to ORS
100.105 (1)(d).
{ - (34) - } { + (35) + } 'Unit designation' means the
number, letter or combination thereof designating a unit in the
declaration and on the plat.
{ - (35) - } { + (36) + } 'Unit owner' means, except to the
extent the declaration or bylaws provide otherwise, the person
owning fee simple interest in a unit, the holder of a vendee's
Enrolled House Bill 3301 (HB 3301-C) Page 11
interest in a unit under a recorded installment contract of sale
and, in the case of a leasehold condominium, the holder of the
leasehold estate in a unit.
{ - (36) - } { + (37) + } 'Unit sales agreement' means a
written offer or agreement for the sale of a condominium unit
which when fully executed will be binding on all parties. 'Unit
sales agreement ' includes but is not limited to an earnest money
receipt and agreement to purchase and other such agreements which
serve as an agreement of sale for a cash transaction or which are
preliminary to the execution of an installment contract of sale,
but does not include a reservation agreement.
{ - (37) - } { + (38) + } 'Variable property' means
property described in ORS 100.150 (2) and designated as variable
property in the declaration and on the plat.
{ - (38) - } { + (39) + } 'Voting rights' means the portion
of the votes allocated to a unit by the declaration in accordance
with ORS 100.105 (1)(j).
SECTION 6. { + Section 7 of this 2013 Act is added to and made
a part of ORS 100.005 to 100.625. + }
SECTION 7. { + (1) Notwithstanding contrary provisions of a
declaration or bylaws of a condominium:
(a) A unit owner may submit an application to install an
electric vehicle charging station for the personal, noncommercial
use of the unit owner, in compliance with the requirements of
this section:
(A) In a space assigned to the unit and used for the parking or
storage of automobiles, trucks, boats, campers or other vehicles
or equipment; or
(B) In a limited common element with the written approval of
the unit owner of each unit to which use of the limited common
element is reserved.
(b) An association of unit owners may not prohibit installation
or use of a charging station installed and used in compliance
with the requirements of this section.
(2) When the unit owner complies or agrees to comply with the
requirements of this section, an association of unit owners, or a
declarant in lieu of the association, shall approve a completed
application within 60 days after the unit owner submits the
application unless the delay in approving the application is
based on a reasonable request for additional information.
(3) An association of unit owners:
(a) May require a unit owner to submit an application before
installing a charging station.
(b) May require the charging station to meet the architectural
standards of the condominium.
(c) May impose reasonable charges to recover costs of the
review and permitting of a charging station.
(d) May impose reasonable restrictions on the installation and
use of the charging station that do not significantly increase
the cost of the charging station or significantly decrease the
efficiency or performance of the charging station.
(4) Notwithstanding ORS 479.540, the charging station must be
installed by a person that holds a license, as defined in ORS
479.530, to act as a journeyman electrician.
(5) The unit owner is responsible for:
(a) All costs associated with installation and use of the
charging station, including:
(A) The cost of electricity associated with the charging
station; and
Enrolled House Bill 3301 (HB 3301-C) Page 12
(B) The cost of damage to general common elements, limited
common elements and areas subject to the exclusive use of other
unit owners that results from the installation, use, maintenance,
repair, removal or replacement of the charging station.
(b) Disclosure to a prospective buyer of the unit of the
existence of the charging station and the related
responsibilities of the unit owner under this section.
(6) If the association of unit owners reasonably determines
that the cumulative use of electricity in the condominium
attributable to the installation and use of charging stations
requires the installation of additional infrastructure
improvements to provide the condominium with a sufficient supply
of electricity, the association may assess the cost of the
additional improvements against the unit of each unit owner that
has, or will, install a charging station.
(7)(a) A pedestal, or similar, charging station that is
hard-wired into the electrical system must be a certified
electrical product, as defined in ORS 479.530.
(b) If a charging station, other than one described in
paragraph (a) of this subsection, is not a certified electrical
product, the unit owner shall:
(A) Maintain a homeowner liability insurance policy in an
amount not less than $1 million that includes coverage of the
charging station; and
(B) Name the association of unit owners as a named additional
insured under the policy with a right to notice of cancellation
of the policy.
(8) In any action between a unit owner and an association of
unit owners to enforce compliance with this section, the
prevailing party is entitled to an award of attorney fees and
costs. + }
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Passed by House April 16, 2013
Repassed by House June 11, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 5, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3301 (HB 3301-C) Page 13
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3301 (HB 3301-C) Page 14
