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?
- Category: Abandoned Property
- Date:
- State: Oregon
Answer:
According to Oregon statutes, each unit owner has an undivided interest in the common elements, such as parks and jogging paths, as defined in the HOA's declaration. This interest cannot be altered without agreement from all unit owners (ORS 100.515).
Regarding the sale or transfer of common property, an HOA can do so if at least eighty percent of the votes from the owners support the action (ORS 94.665). If the HOA dissolves without a plan for the common areas, they may not become abandoned in a legal sense, as ownership and access rights typically remain with the unit owners.
As for claiming any adjacent abandoned property, that is generally not permissible. Common elements remain undivided, and no unit owner can partition or claim parts of them individually (ORS 100.515). Therefore, you cannot claim any abandoned property adjacent to yours.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.