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(12)
<br />meansrealpropertythatadeclarantintendstosubmittothe
<br />condominium form of ownership under this chapter on which there is a building, improvement or
<br />
<br />structure that was occupied prior to any negotiation and that is:
<br />
<br />(a)
<br /> Residential in nature, at least in part; and
<br />(b)
<br /> Not wholly commercial or industrial, or commercial and industrial, in nature.
<br />(13)
<br /> means a person who records a declaration under ORS 100.100 or a supplemental
<br />declaration under ORS 100.110.
<br />(14)
<br /> means the instrument described in ORS 100.105 by which the condominium is
<br />created and as modified by any amendment recorded in accordance with ORS 100.135 or
<br />supplemental declaration recorded in accordance with ORS 100.120.
<br />(15)
<br /> means a declarant or any person that acquires an interest in a condominium from
<br />declarant, successor declarant or subsequent developer for the primary purpose of resale.
<br />(16)
<br /> vehicle charging or means a facility designed to deliver
<br />electrical current for the purpose of charging one or more electric motor vehicles.
<br />(17)
<br /> means a meeting that is conducted through telephone, teleconference,
<br />video conference, web conference or any other live electronic means where at least one participant
<br />is not physically present.
<br />(18)
<br /> means a condominium containing variable property that may be
<br />redesignated, reclassified or withdrawn from the condominium pursuant to ORS 100.150 (1).
<br />(19)
<br /> common unless otherwise provided in a declaration, means all portions of
<br />the condominium that are not part of a unit or a limited common element, including but not limited to
<br />
<br />the following:
<br />(a)
<br /> The land, whether fee simple, leasehold, easement, other interest or combination thereof,
<br />
<br />together with any rights and appurtenances;
<br />(b)
<br /> The foundations, columns, girders, beams, supports, bearing and shear walls, windows, except
<br />glazing and screening, unit access doors, except glazing and screening, roofs, halls, corridors,
<br />lobbies, stairs, fire escapes, entrances and exits of a building;
<br />(c)
<br /> The basements, yards, gardens, parking areas and outside storage spaces;
<br />(d)
<br /> Installations of central services such as power, light, gas, hot and cold water, heating,
<br />refrigeration, air conditioning, waste disposal and incinerating;
<br />(e)
<br /> The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and
<br />installations existing for common use;
<br />(f)
<br /> The premises for the lodging of janitors or caretakers of the property; and
<br />(g)
<br /> All other elements of a building and the condominium necessary or convenient to their existence,
<br />maintenance and safety, or normally in common use.
<br />(20)
<br /> means articles of incorporation, bylaws, a declaration or a rule,
<br />regulation or resolution that was properly adopted by the association of unit owners or any other
<br />instrument or plat relating to common ownership or common maintenance of a portion of a
<br />condominium that is binding upon units within the condominium.
<br />(21)
<br /> means the interest of a person, firm or corporation that is the lessee under a lease
<br />from the owner in fee and that files a declaration creating a condominium under ORS 100.100.
<br />(22)
<br /> common means those common elements designated in the declaration, as
<br />reserved for the use of a certain unit or number of units, to the exclusion of the other units.
<br />(23)
<br /> or of unit means more than 50 percent of the voting rights allocated
<br />to the units by the declaration.
<br />
<br />(24)
<br /> means any person who is:
<br />
<br />(a)
<br /> A mortgagee under a mortgage;
<br />(b)
<br /> A beneficiary under a trust deed; or
<br />(c)
<br /> The vendor under a land sale contract.
<br />(25)
<br /> means any activity preliminary to the execution by either developer or purchaser
<br />of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the
<br />sale of a unit.
<br />
<br />(26)
<br /> variable means property which pursuant to ORS 100.150 (1)(b):
<br />
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