Process of Claiming Adjacent Abandoned Property
Full Question:
A new board for our HOA was elected and has the agenda to dissolve the HOA. Does the common areas such as a small park and a jogging path around the neighborhood then become abandoned? The city does not have the resources or any interest to acquire the property. Can I claim any of the "abandoned" property adjacent to mine?
11/16/2007 |
Category: Abandoned Property |
State: Oregon |
#12380
Answer:
The following are OR statutes:
100.515 Interest of units in common elements.
(1) Each unit shall be entitled to an undivided interest in the common
elements in the allocation expressed in the declaration. Such allocation
shall be expressed as a fraction or percentage of undivided interest in
the common elements. Except as otherwise provided in this chapter, the
allocation of undivided interest of each unit in the common elements as
expressed in a declaration shall not be altered unless all unit owners
having an interest in the particular common element agree thereto and
record an amendment to the declaration setting forth the altered
allocation of each unit having an interest.
(2) The sums of the undivided interest in the common elements shall
equal one if stated as fractions or 100 percent if stated as
percentages.
(3) The undivided interest in the common elements shall not be
separated from the unit to which it appertains and shall be conveyed or
encumbered with the unit even though such interest is not expressly
mentioned or described in the conveyance or other instrument.
(4) The common elements shall remain undivided and no unit owner shall
bring any action for partition or division of any part thereof, except as
provided in this chapter. Any covenant to the contrary is void.
(5) Notwithstanding subsections (1) and (3) of this section, except
where expressly prohibited by the declaration or bylaws, the right of use
of any unit in a limited common element may be transferred to any other
unit. Such transfer shall occur only if the existing unit owner and all
mortgagees of the unit for which the right of use of the limited common
element is presently reserved and the unit owner to whom the right of use
is being transferred agree to and record an amendment to the declaration
setting forth the transfer.
(6) Notwithstanding subsections (1) and (3) of this section, in the
case where a single unit is originally designed and constructed to be two
or more separate hotel, motel or other similar living accommodations with
separate bathrooms and separate entrances from a hallway, balcony,
staircase or other common element, the owner, or owners, with the consent
of the holder, or holders, of any recorded mortgage or lien on the unit,
may separate such unit into two or more units each having such separate
bathrooms and entrances from such common elements. Such persons may
divide between such separate units the allocation of the common elements
assigned to the original unit on substantially the basis that the square
footage of such separated units bears to the total square footage of the
original unit by recording an amendment to the declaration signed by such
owner, or owners, of original unit together with an amendment to any plat
and floor plan of such original unit recorded pursuant to ORS 100.115
showing the division thereof into such two or more units. The amendment
shall comply with ORS 100.115. Such separated parts of the original unit
shall not be used for any purpose other than the purpose for which such
separable parts were originally designed and constructed and thereafter
have generally been used.
94.665 Authority of association to sell or transfer common property.
(1) Except as otherwise provided in the declaration, a homeowners
association may sell, convey or subject to a security interest any
portion of the common property if 80 percent or more of the votes in the
homeowners association, including 80 percent of the votes of lots not
owned by a declarant at the time of the vote, are cast in favor of that
action. The association shall treat proceeds of any sale under this
section as an asset of the association.
(2) A sale, transfer or encumbrance of the common property or any
portion of the common property made pursuant to a right reserved in the
declaration under this section may provide that the common property be
released from any restriction imposed on the common property by the
declaration. However, a sale, transfer or encumbrance may not deprive any
lot of its right of access to or support for the lot without the consent
of the owner of the lot.