(a) The purpose of ORS 100.627 is to facilitate the installation of an electric vehicle charging station by a unit owner in a condominium for the unit owner’s personal residential use.
(b) Oregon courts have identified the following factors in determining whether personal property is a fixture:
(A) Whether the personal property is physically annexed to the real property;
(B) Whether the personal property is specifically adapted to the property; and
(C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.
(c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.
(2) Unless a unit owner and the association of unit owners, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 100.627 on or before June 4, 2015, is deemed to be the personal property of the unit owner of the unit with which the charging station is associated. [2015 c.249 §5]
Note: 100.626 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.