Question:
We as the homeowners are wanting the transition of our HOA to us homeowners and we are being told that 100% of the neighborhood has to be sold before that happens, but Oregon states that 75% has to be sold before this can be transitioned over to the homeowners. Is there anything we can do before legal action should be taken?
– Chris
Answer:
As per Section 94.604(1) of the Oregon Planned Community Act, “The declarant shall call a meeting of owners for the purpose of selecting a transitional advisory committee not later than the 60th day after the date the declarant conveys 50 percent or more of the lots then existing in the planned community to owners other than a successor declarant.”
Subsection (3) goes on to say that owners may call on the special meeting if the declarant fails to do so. “An owner may call a meeting of owners to select the transitional advisory committee if the declarant fails to do so under subsection (1) of this section.” However, if the owners do not select members for the committee, the declarant shall have no further obligation to form one.
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