(1) Failure of the declarant, association, any association member or any other person subject to ORS 94.550 to 94.783 to comply with applicable sections of ORS 94.550 to 94.783 is cause for suit or action to remedy the violation or to recover actual damages. The prevailing party is entitled to reasonable attorney fees and court costs.
(2) Failure of an association to accept administrative responsibility under ORS 94.616 is a defense for the declarant against an action brought under this section.
(3) A suit or action arising under this section must be commenced within one year after the discovery or identification of the alleged violation.