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RESIDENT, GUEST, INVITEE DEFINED

A "resident" is someone who lives in the association. When a person has more than one residence, how does an association determine which is their primary residence? Although a person may have multiple residences, they have only one domicile. (De la Rosa v. Dep’t of Rev., 313 Or. 284, 832 (1992).) A domicile means a person’s permanent place of abode in which the person intends to remain indefinitely or to which the person intends to return. (Dep’t of Rev. v. Glass, 15 Or. Tax 117 (2000).) Factors for an association to consider when determining if a person is a resident in the development: (i) amount of time the person spends living in the association; (ii) location of their spouse and children; (iii) the address on their driver’s license, (iv) where they are registered to vote.

A "guest" is someone you invite to your house.

An "invitee" is someone you invite to attend a gathering, entertainment, or to do something.

A "member" is someone who owns property in the development which gives them voting rights and common area privileges. A member can be a resident or nonresident. (See Member Defined.)

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