Oregon Statutes

Chapter 94 - Real Property Development

94.004 [Formerly 91.500; 1983 c.530 §48; 1987 c.459 §1; 1989 c.595 §1; renumbered

100.005 in 1989]
94.005 [Repealed by 1971 c.478 §1]
94.010 [Repealed by 1971 c.478 §1]
94.011 [Formerly 91.503; renumbered 100.010 in 1989]
94.013 [1987 c.459 §6; 1989 c.595 §2; renumbered 100.020 in 1989]
94.015 [Repealed by 1971 c.478 §1]
94.016 [1987 c.459 §39; renumbered 100.025 in 1989]
94.017 [Formerly 91.504; 1987 c.459 §37; 1989 c.595 §3; renumbered 100.185 in 1989]
94.020 [Repealed by 1971 c.478 §1]
94.021 [1987 c.459 §3; 1989 c.595 §4; renumbered 100.150 in 1989]
94.022 [1987 c.459 §4; 1989 c.595 §5; renumbered 100.155 in 1989]
94.023 [Formerly 91.506; 1987 c.459 §7; 1989 c.595 §6; renumbered 100.100 in 1989]
94.025 [Repealed by 1971 c.478 §1]
94.029 [Formerly 91.509; 1983 c.530 §49; 1983 c.615 §1; 1987 c.459 §8; 1989 c.595 §7; renumbered 100.105 in 1989]
94.030 [Repealed by 1971 c.478 §1]
94.035 [Repealed by 1971 c.478 §1]
94.036 [Formerly 91.512; 1983 c.615 §2; 1983 c.740 §7a; 1987 c.459 §9; renumbered 100.110 in 1989]
94.040 [Repealed by 1971 c.478 §1]
94.042 [Formerly 91.515; 1983 c.309 §8; 1985 c.582 §2; 1987 c.459 §10; 1989 c.595 §8; renumbered 100.115 in 1989]
94.045 [Repealed by 1971 c.478 §1]
94.047 [Formerly 91.518; 1983 c.309 §8a; 1987 c.459 §11; 1989 c.595 §9; renumbered 100.120 in 1989]
94.048 [1987 c.459 §3a; renumbered 100.125 in 1989]
94.050 [Repealed by 1971 c.478 §1]
94.053 [Formerly 91.519; 1983 c.309 §8b; renumbered 100.130 in 1989]
94.055 [Repealed by 1971 c.478 §1]
94.059 [Formerly 91.521; 1983 c.615 §3; 1987 c.459 §12; renumbered 100.135 in 1989]
94.060 [Repealed by 1971 c.478 §1]
94.065 [Repealed by 1971 c.478 §1]
94.066 [1981 c.647 §30; renumbered 100.170 in 1989]
94.070 [Repealed by 1971 c.478 §1]
94.072 [1981 c.647 §33; renumbered 100.175 in 1989]
94.075 [Repealed by 1971 c.478 §1]
94.078 [1981 c.647 §25; 1983 c.206 §1; 1983 c.530 §50; 1987 c.459 §13; 1989 c.595 §10; renumbered 100.200 in 1989]
94.080 [Repealed by 1971 c.478 §1]
94.084 [1981 c.647 §26; 1987 c.459 §14; renumbered 100.205 in 1989]
94.085 [Repealed by 1971 c.478 §1]
94.090 [Repealed by 1971 c.478 §1]
94.091 [1981 c.647 §27; 1983 c.206 §2; 1987 c.459 §15; renumbered 100.210 in 1989]
94.095 [Repealed by 1971 c.478 §1]
94.097 [1981 c.647 §29; 1989 c.595 §11; renumbered 100.220 in 1989]
94.100 [Repealed by 1971 c.478 §1]
94.103 [1981 c.647 §28; 1989 c.595 §12; renumbered 100.225 in 1989]
94.105 [Repealed by 1971 c.478 §1]
94.109 [Formerly 91.523; renumbered 100.300 in 1989]
94.110 [Repealed by 1971 c.478 §1]
94.115 [Repealed by 1971 c.478 §1]
94.116 [Formerly 91.524; renumbered 100.305 in 1989]
94.120 [Repealed by 1971 c.478 §1]
94.122 [Formerly 91.526; 1989 c.595 §13; renumbered 100.310 in 1989]
94.125 [Repealed by 1971 c.478 §1]
94.128 [1981 c.886 §5; 1989 c.595 §14; renumbered 100.315 in 1989]
94.130 [Repealed by 1971 c.478 §1]
94.134 [1981 c.886 §6; 1989 c.595 §15; renumbered 100.320 in 1989]
94.135 [Repealed by 1971 c.478 §1]
94.140 [Repealed by 1971 c.478 §1]
94.145 [Repealed by 1971 c.478 §1]
94.146 [Formerly 91.527; 1989 c.595 §16; renumbered 100.405 in 1989]
94.150 [Repealed by 1971 c.478 §1]
94.152 [Formerly 91.531; 1983 c.615 §4; 1987 c.459 §16; 1989 c.595 §48; renumbered 100.410 in 1989]
94.155 [Repealed by 1971 c.478 §1]
94.158 [Formerly 91.533; 1987 c.459 §17; 1989 c.595 §17; renumbered 100.415 in 1989]
94.160 [Repealed by 1971 c.478 §1]
94.164 [Formerly 91.534; renumbered 100.420 in 1989]
94.165 [Repealed by 1971 c.478 §1]
94.170 [Repealed by 1971 c.478 §1]
94.171 [Formerly 91.536; 1987 c.459 §18; renumbered 100.430 in 1989]
94.175 [Repealed by 1971 c.478 §1]
94.177 [1981 c.647 §32; renumbered 100.435 in 1989]
94.180 [Repealed by 1971 c.478 §1]
94.185 [Formerly 91.539; 1989 c.595 §18; renumbered 100.440 in 1989]
94.190 [Formerly 91.542; renumbered 100.445 in 1989]
94.195 [Formerly 91.546; 1983 c.530 §51; 1989 c.595 §19; renumbered 100.450 in 1989]
94.202 [Formerly 91.548; 1989 c.595 §20; renumbered 100.460 in 1989]
94.205 [Repealed by 1971 c.478 §1]
94.208 [Formerly 91.551; 1989 c.595 §21; renumbered 100.475 in 1989]
94.210 [Repealed by 1971 c.478 §1]
94.214 [Formerly 91.554; renumbered 100.480 in 1989]
94.215 [Repealed by 1971 c.478 §1]
94.220 [Repealed by 1971 c.478 §1]
94.221 [Formerly 91.557; renumbered 100.485 in 1989]
94.225 [Repealed by 1971 c.478 §1]
94.230 [Repealed by 1971 c.478 §1]
94.231 [Formerly 91.561; renumbered 100.505 in 1989]
94.235 [Repealed by 1971 c.478 §1]
94.237 [Formerly 91.562; renumbered 100.510 in 1989]
94.240 [Repealed by 1971 c.478 §1]
94.243 [Formerly 91.563; 1983 c.309 §8c; 1983 c.615 §5; renumbered 100.515 in 1989]
94.245 [Repealed by 1971 c.478 §1]
94.250 [1981 c.647 §31; 1983 c.309 §8d; renumbered 100.520 in 1989]
94.255 [Formerly 91.564; renumbered 100.525 in 1989]
94.260 [Formerly 91.566; 1987 c.459 §19; 1989 c.595 §22; renumbered 100.530 in 1989]
94.265 [Formerly 91.569; renumbered 100.535 in 1989]
94.270 [Formerly 91.572; renumbered 100.540 in 1989]
94.275 [Formerly 91.576; renumbered 100.545 in 1989]
94.280 [Formerly 91.578; 1983 c.615 §6; 1989 c.595 §23; renumbered 100.550 in 1989]
94.285 [Formerly 91.581; renumbered 100.555 in 1989]
94.295 [Formerly 91.584; 1989 c.595 §24; renumbered 100.600 in 1989]
94.300 [Formerly 91.587; 1989 c.595 §25; renumbered 100.605 in 1989]
94.305 [Repealed by 1971 c.478 §1]
94.306 [Formerly 91.591; 1989 c.595 §26; renumbered 100.610 in 1989]
94.310 [Repealed by 1971 c.478 §1]
94.312 [Formerly 91.593; 1989 c.595 §27; renumbered 100.615 in 1989]
94.315 [Repealed by 1971 c.478 §1]
94.318 [Formerly 91.596; 1989 c.595 §28; renumbered 100.620 in 1989]
94.320 [Repealed by 1971 c.478 §1]
94.322 [1983 c.615 §8; renumbered 100.625 in 1989]
94.324 [Formerly 91.599; 1985 c.760 §1; repealed by 1987 c.459 §41]
94.325 [Repealed by 1971 c.478 §1]
94.330 [Amended by 1969 c.591 §278; repealed by 1971 c.478 §1]
94.331 [Formerly 91.602; 1987 c.459 §20; 1989 c.595 §29; renumbered 100.635 in 1989]
94.333 [1987 c.459 §22; renumbered 100.015 in 1989]
94.335 [Repealed by 1971 c.478 §1]
94.336 [Formerly 91.606; repealed by 1987 c.459 §41]
94.340 [Repealed by 1971 c.478 §1]
94.342 [Formerly 91.608; 1987 c.459 §29; renumbered 100.645 in 1989]
94.345 [Repealed by 1971 c.478 §1]
94.348 [Formerly 91.611; 1987 c.459 §30; renumbered 100.650 in 1989]
94.350 [Repealed by 1971 c.478 §1]
94.351 [1987 c.459 §24; 1989 c.595 §30; renumbered 100.655 in 1989]
94.353 [1987 c.459 §25; renumbered 100.640 in 1989]
94.354 [1987 c.459 §23; renumbered 100.670 in 1989]
94.355 [Repealed by 1971 c.478 §1]
94.356 [1987 c.459 §26; renumbered 100.660 in 1989]
94.357 [1987 c.459 §27; renumbered 100.675 in 1989]
94.358 [1987 c.459 §28; renumbered 100.680 in 1989]
94.359 [Formerly 91.614; 1987 c.459 §31; renumbered 100.700 in 1989]
94.360 [Repealed by 1971 c.478 §1]
94.365 [Repealed by 1971 c.478 §1]
94.366 [Formerly 91.617; repealed by 1987 c.459 §41]
94.370 [Repealed by 1971 c.478 §1]
94.372 [Formerly 91.621; repealed by 1987 c.459 §41]
94.375 [Repealed by 1971 c.478 §1]
94.378 [Formerly 91.623; repealed by 1987 c.459 §41]
94.380 [Repealed by 1971 c.478 §1]
94.384 [Formerly 91.626; 1987 c.459 §32; 1989 c.171 §12; 1989 c.595 §31; renumbered 100.705 in 1989]
94.385 [Repealed by 1971 c.478 §1]
94.390 [Repealed by 1971 c.478 §1]
94.391 [Formerly 91.629; 1987 c.459 §35; renumbered 100.710 in 1989]
94.395 [Repealed by 1971 c.478 §1]
94.400 [Formerly 91.631; renumbered 100.720 in 1989]
94.405 [Repealed by 1971 c.478 §1]
94.406 [Formerly 91.634; renumbered 100.725 in 1989]
94.410 [Repealed by 1971 c.478 §1]
94.412 [Formerly 91.637; 1989 c.595 §47; renumbered 100.730 in 1989]
94.415 [Repealed by 1971 c.478 §1]
94.418 [1981 c.647 §24; renumbered 100.735 in 1989]
94.420 [Repealed by 1971 c.478 §1]
94.424 [Formerly 91.641; 1989 c.595 §32; renumbered 100.740 in 1989]
94.425 [Repealed by 1971 c.478 §1]
94.430 [Repealed by 1971 c.478 §1]
94.431 [Formerly 91.646; 1987 c.459 §36; renumbered 100.745 in 1989]
94.435 [Repealed by 1971 c.478 §1]
94.437 [Formerly 91.649; renumbered 100.750 in 1989]
94.440 [Repealed by 1971 c.478 §1]
94.445 [Repealed by 1971 c.478 §1]
94.448 [Formerly 91.652; renumbered 100.770 in 1989]
94.454 [Formerly 91.656; renumbered 100.775 in 1989]
94.460 [Formerly 91.658; renumbered 100.780 in 1989]
94.465 [Formerly 91.661; 1989 c.595 §33; renumbered 100.785 in 1989]
94.470 [Formerly 91.664; 1983 c.696 §7b; 1989 c.706 §7; renumbered 100.900 in 1989]
94.475 [Formerly 91.667; renumbered 100.905 in 1989]
94.480 [Formerly 91.671; renumbered 100.910 in 1989]
94.504 Development agreements; contents; duration; effect on affordable housing covenants.
(1) A city or county may enter into a development agreement as provided in ORS 94.504 to 94.528 with any person having a legal or...
94.505 [Repealed by 1971 c.478 §1]
94.508 Approval by governing body; findings; adoption.
(1) A development agreement shall not be approved by the governing body of a city or county unless the governing body finds that the agreement...
94.510 [Repealed by 1971 c.478 §1]
94.513 Procedures on consideration and approval.
(1) A city or county may, by ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of,...
94.515 [Repealed by 1971 c.478 §1]
94.518 Application of local government law and policies to agreement.
Unless otherwise provided by the development agreement, the comprehensive plan, zoning ordinances and other rules and policies of the jurisdiction governing permitted uses of land,...
94.520 [Repealed by 1971 c.478 §1]
94.522 Amendment or cancellation of agreement; enforceability.
(1) A development agreement may be amended or canceled by mutual consent of the parties to the agreement or their successors in interest. The governing...
94.525 [Repealed by 1971 c.478 §1]
94.528 Recording.
Not later than 10 days after the execution of a development agreement under ORS 94.504 to 94.528, the governing body of the city or county...
94.530 [Repealed by 1971 c.478 §1]
94.531 Severable development interest in real property; transferable development credit.
(1) The governing body of a city or county is authorized to recognize a severable development interest in real property. The governing body of the...
94.540 [Repealed by 1971 c.478 §1]
94.550 Definitions for ORS 94.550 to 94.783.
As used in ORS 94.550 to 94.783: (1) “Assessment” means any charge imposed or levied by a homeowners association on or against an owner or...
94.560 Legislative findings.
The Legislative Assembly finds that: (1) In the State of Oregon there are hundreds of homeowners associations to which the Oregon Condominium Law (ORS chapter...
94.565 Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded.
(1) Except as provided in ORS 94.570, a person may not create a planned community in this state except as provided in ORS 94.550 to...
94.570 Applicability of ORS 94.550 to 94.783.
(1) ORS 94.550 to 94.783 apply to a planned community created before January 1, 2002, under ORS 94.550 to 94.783 and to a Class I...
94.572 Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities.
(1)(a) A Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 to 94.783 is subject...
94.575 Applicability of subdivision law.
ORS 92.010 to 92.170 apply to a planned community established under ORS 94.550 to 94.783. [1981 c.782 §4]
94.580 Declaration; recordation; contents.
(1) A declarant shall record, in accordance with ORS 94.565, the declaration for a planned community in the office of the recording officer of each...
94.585 Authority to amend declaration and initial bylaws to comply with federal or state laws.
A declarant may amend the declaration or initial bylaws in order to comply with requirements of the Federal Housing Administration, the United States Department of...
94.590 Amendment of declaration by owners.
(1)(a) The declaration may be amended only with the approval of owners representing at least 75 percent of the total votes in the planned community...
94.595 Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan.
(1) The declarant, on behalf of a homeowners association, shall: (a) Conduct an initial reserve study as described in subsection (3) of this section; (b)...
94.600 Declarant control of association.
(1) Subject to ORS 94.604 to 94.621, a declaration may reserve special declarant rights including, without limitation, the right to a period of declarant control...
94.604 Transitional advisory committee.
(1) As provided in this section, the declarant or the owners of a planned community that contains at least 20 lots in either the initial...
94.605 [Amended by 1965 c.619 §31; repealed by 1971 c.478 §1]
94.609 Notice of meeting to turn over administrative responsibility.
(1) At the time specified in the declaration, but not later than 90 days after expiration of any period of declarant control reserved under ORS...
94.610 [Amended by 1965 c.619 §32; repealed by 1971 c.478 §1]
94.615 [Repealed by 1971 c.478 §1]
94.616 Turnover meeting; transfer of administration; receivership.
(1) At the meeting called under ORS 94.609, the declarant shall turn over to the homeowners association the responsibility for the administration of the planned...
94.620 [Repealed by 1971 c.478 §1]
94.621 Rights of declarant following turnover meeting.
If a declarant has not completed development of lots or common property in a planned community at the time of the meeting called under ORS...
94.622 Obligations and liabilities arising from transfer of special declarant rights.
(1) As used in this section, “affiliate” means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant...
94.623 Acquisition of special declarant rights by successor declarant; exceptions.
(1) Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage...
94.625 Formation of homeowners association; adoption of initial bylaws; amendment of bylaws.
(1) Except as provided in subsection (2) of this section, not later than the date on which the first lot in the planned community is...
94.630 Powers of association.
(1) Subject to subsection (2) of this section and except as otherwise provided in its declaration or bylaws, a homeowners association may: (a) Adopt and...
94.635 Association bylaws.
The bylaws of an association adopted under ORS 94.625, or amended or adopted under ORS 94.630, shall provide for the following: (1) The organization of...
94.640 Association board of directors; powers and duties; removal of member; meetings; executive sessions.
(1) The board of directors of an association may act on behalf of the association except as limited by the declaration and the bylaws. In...
94.641 Assent of director to board action.
(1) A director of a homeowners association who is present at a meeting of the board of directors at which action is taken on any...
94.642 Receivership for failure of homeowners association to fill vacancies on board of directors.
(1) Subject to subsection (2) of this section, if a homeowners association fails to fill vacancies on the board of directors sufficient to constitute a...
94.645 Adoption of annual budget.
(1) The board of directors at least annually shall adopt a budget for the planned community. (2) The budget shall include moneys to be allocated...
94.647 Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions.
(1) Unless prohibited or limited by the declaration or bylaws, any action that may be taken at any annual, regular or special meeting of the...
94.650 Meetings of lot owners; notice.
(1) The homeowners association shall hold at least one meeting of the owners each calendar year. (2)(a) Special meetings of the association may be called...
94.652 Electronic notice to owner or director.
(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or ORS 94.550 to 94.783, in the discretion...
94.655 Quorum for association meetings.
(1) Unless the declaration or bylaws of a homeowners association provide otherwise, a quorum for any meeting of the association consists of the number of...
94.657 Rules of order.
Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors: (1)...
94.658 Voting or granting consent.
(1) Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote. (2) Unless the declaration or bylaws provide...
94.660 Method of voting or consenting.
(1) The vote or consent of a lot may be cast or given: (a) In person at a meeting of the homeowners association. (b) In...
94.661 Electronic ballot.
(1) As used in this section, “electronic ballot” means a ballot given by: (a) Electronic mail; (b) Facsimile transmission; (c) Posting on a website; or...
94.662 Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.
(1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 94.630 (1)(e)(E), the homeowners association shall provide...
94.665 Authority of association to sell or transfer common property.
(1) Except as otherwise provided in the declaration, a homeowners association may sell, convey or subject to a security interest any portion of the common...
94.667 Recording association information with county clerk.
(1) As used in this section, “association” means an association formed under ORS 94.625, 94.846 or 100.405, or any other association in which a person...
94.670 Association duty to keep documents and records; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner.
(1) A homeowners association shall retain within this state the documents, information and records delivered to the association under ORS 94.616 and all other records...
94.673 When compliance with specified provisions of ORS 94.640 and 94.670 required.
(1) The homeowners association of a subdivision that received preliminary plat approval before July 1, 1982, shall comply with the provisions of ORS 94.640 (1),...
94.675 Insurance for common property.
(1) The board of directors of a homeowners association shall obtain and maintain: (a) Insurance for all insurable improvements in the common property against loss...
94.676 Insurance deductible for certain planned communities.
(1) If the declaration or bylaws of a planned community created under ORS 94.550 to 94.783 before September 27, 2007, or a planned community subject...
94.677 Election to have ORS 94.645, 94.655 and 94.675 apply.
Unless contrary to the covenants, conditions or restrictions of a recorded declaration or other similar instrument, or the bylaws of the association adopted in accordance...
94.680 Blanket all-risk insurance.
(1) If a declaration or bylaws provide that the homeowners association has the sole authority to decide whether to repair or reconstruct a unit that...
94.685 Specification of insurance for individual lots.
(1) Unless provided in the declaration, the bylaws shall specify: (a) The insurance an owner must obtain, if any; (b) The insurance, if any, an...
94.690 Terms of insurance under ORS 94.680.
The board of directors of a homeowners association shall obtain, if reasonably available, terms in insurance policies under ORS 94.680 which provide a waiver of...
94.695 Authority to delegate association powers to master association.
A declaration for a planned community may delegate any of the powers of the homeowners association under ORS 94.630 to a master association or provide...
94.700 Duration and termination of initial management agreements and service and employment contracts.
(1) If entered into prior to the meeting called under ORS 94.609, no management agreement, service contract or employment contract which is directly made by...
94.704 Assessment and payment of common expenses.
(1) Subject to subsection (2) of this section, the declarant of a planned community shall pay all common expenses of the planned community until the...
94.705 [Repealed by 1971 c.478 §1]
94.709 Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure.
(1) Whenever a homeowners association levies any assessment against a lot, the association shall have a lien upon the individual lot for any unpaid assessments....
94.710 [Repealed by 1971 c.478 §1]
94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitation.
(1) An owner shall be personally liable for all assessments imposed on the owner or assessed against the owner’s lot by the homeowners association. (2)(a)...
94.715 [Repealed by 1971 c.478 §1]
94.716 Lien against two or more lots; release.
If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the...
94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees.
In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action...
94.720 [Repealed by 1971 c.478 §1]
94.723 Common expenses; liability of first mortgagee.
If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall...
94.725 [Repealed by 1971 c.478 §1]
94.728 Taxation of lots and common property.
(1) Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed. (2)...
94.730 [Repealed by 1971 c.478 §1]
94.733 Easements held by owner of lot and by declarant.
(1) Subject to ORS 94.665, each owner of a lot has an easement through the common property: (a) For access to the owner’s lot; and...
94.740 [1981 c.782 §74; repealed by 1999 c.677 §72]
94.745 [1981 c.782 §78; repealed by 1999 c.677 §72]
94.750 [1981 c.782 §76; 1983 c.740 §8; repealed by 1999 c.677 §72]
94.755 [1981 c.782 §82; repealed by 1999 c.677 §72]
94.760 Promotional material showing possible improvements.
If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment...
94.765 [1981 c.782 §81; repealed by 1999 c.677 §72]
94.770 Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration’s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65.
(1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630....
94.775 Judicial partition prohibited.
(1) Unless the declaration expressly allows the division of lots in a planned community, judicial partition by division of a lot in a planned community...
94.777 Compliance with bylaws and other restrictions required; effect of noncompliance.
Each owner and the declarant shall comply with the bylaws, and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions...
94.780 Remedies.
(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...
94.783 When certain administrative provisions apply.
If a subdivision received preliminary plat approval before July 1, 1982, but the subdivision plat or the plat of the first phase is not filed...
94.785 Short title.
ORS 94.550 to 94.783 may be cited as the Oregon Planned Community Act. [1981 c.782 §1] TIMESHARE ESTATES (General Provisions)
94.803 Definitions for ORS 94.803 and 94.807 to 94.945.
As used in this section and ORS 94.807 to 94.945: (1) “Agency” means the Real Estate Agency. (2) “Accommodation” means an apartment, condominium unit, cabin,...
94.805 [Repealed by 1971 c.478 §1]
94.806 Legislative finding.
The Legislative Assembly finds and declares that there is a need to: (1) Protect timeshare purchasers by requiring full and adequate disclosure of all pertinent...
94.807 Application.
ORS 94.803, 94.806, 94.811 to 94.863 and 94.869 to 94.945 do not apply to: (1) Any timeshare plan for which the developer has complied with...
94.808 Managing entity as taxpayer.
(1) For the purposes of ad valorem taxation, the managing entity responsible for managing the timeshare plan shall be considered the taxpayer, as agent for...
94.809 Valuation of timeshare property; exclusions from value.
(1) The real market value of timeshare property shall not include any nonreal property components of timeshares, which nonreal property components include, without limitation, tangible...
94.810 [Repealed by 1971 c.478 §1]
94.811 When owners of planned community, condominium or subdivision may prohibit timeshare plan.
(1) The unit owners in a condominium subject to the Oregon Condominium Act and the owners in a planned community subject to the Oregon Planned...
94.813 Character of timeshare estates.
(1) Except as expressly modified by ORS 92.325, 92.425, 94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and 696.490, a timeshare estate is an estate...
94.815 [Repealed by 1971 c.478 §1]
94.816 Partition prohibited; exception.
(1) Except as otherwise provided in this section, no judicial action for partition of a timeshare property may be undertaken as long as the property...
94.818 Recording of timeshare instrument; payments required.
(1) To submit property located within this state to the provisions of ORS 94.803 and 94.807 to 94.945, the developer shall record a timeshare instrument...
94.820 [Repealed by 1971 c.478 §1]
94.821 Content of timeshare instrument.
A timeshare instrument shall include: (1) A legal description of the timeshare property; (2) The name or other identification of the project; (3) Identification of...
94.823 Notice of intent to sell timeshares; form and content; rules.
A developer shall submit a notice to the Real Estate Commissioner informing the commissioner of the developer’s intent to sell timeshares in Oregon. The form...
94.825 [Repealed by 1971 c.478 §1]
94.826 Information on exchange program; content; rules.
(1) A seller offering an exchange program to a purchaser in conjunction with a timeshare plan shall provide written information to the purchaser about the...
94.828 Public report on plan.
(1) After the Real Estate Commissioner receives a completed notice under ORS 94.823 the commissioner shall prepare a public report on the timeshare plan. In...
94.829 Sale not allowed before issuance of public report; distribution and uses of report.
(1) No developer or agent of the developer shall sell a timeshare in a timeshare plan before the issuance of a public report for the...
94.830 [Repealed by 1971 c.478 §1]
94.831 Filing fees; inspection advance payment; disposition of moneys.
(1) The notice required under ORS 94.823 shall be accompanied by a filing fee as follows: (a) For a timeshare plan developed in a single...
94.833 Sale of timeshare plan located out-of-state.
(1) Before negotiating within this state for the sale of a timeshare in a timeshare plan composed wholly or partially of timeshare property located outside...
94.835 [Repealed by 1971 c.478 §1]
94.836 Cancellation of purchase within five days.
(1) A purchaser from a developer may cancel, for any reason, any contract, agreement or other evidence of indebtedness associated with the sale of the...
94.839 Notice of cancellation right.
(1) The first written agreement for the sale of a timeshare to a purchaser signed by the purchaser shall contain, either upon the first page...
94.840 [Repealed by 1971 c.478 §1]
94.841 Waiver of rights void.
Any condition, stipulation or provision in a sales agreement, lease or other legal document, that binds a purchaser to waive legal rights granted to the...
94.843 Limits on developer right to transfer.
(1) A developer may not transfer the developer’s interest in accommodations or facilities of a timeshare plan unless the transferee, as to each owner whose...
94.845 [Repealed by 1971 c.478 §1]
94.846 Designation of managing entity; duties and powers of entity.
(1) Before the closing of the first timeshare sale the developer shall designate a managing entity, which may be the developer, the owners’ association, a...
94.848 How managing entity of developer terminated.
A timeshare instrument that provides for the developer or an agent selected by the developer to manage the timeshare property until an owners’ association, a...
94.850 [Repealed by 1971 c.478 §1]
94.853 Payment of common expenses.
(1) Until the closing of the first timeshare sale the developer shall pay all common expenses. (2) After the closing of the first timeshare sale,...
94.855 [Repealed by 1971 c.478 §1]
94.856 Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception.
(1) Whenever a managing entity levies an assessment for common expenses against a timeshare estate, the managing entity, upon complying with subsection (2) of this...
94.858 Owners’ association; powers and duties.
(1) The timeshare instrument may provide that an association of timeshare owners be organized to serve as a means through which the timeshare owners may...
94.863 Developer’s duty to managing entity.
The developer shall deliver to the designated managing entity before the closing of the first timeshare sale, the following: (1) The original or a photocopy...
94.867 Judicial declaration of failure in management.
(1) A court of competent jurisdiction, upon petition by timeshare owners constituting at least 10 percent of the total number of timeshare owners in a...
94.869 Insurance coverage.
(1) If the managing entity has the sole authority to decide whether to repair or reconstruct an accommodation or facility that has suffered damage or...
94.871 When purchase money agreement prohibited; escrow requirements.
(1) Unless a lien payment trust is established under ORS 94.890, no timeshare estate shall be sold by a developer by means of a purchase...
94.873 Escrow account; closing; release.
(1) All funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds thereof received in this state by a developer from or on...
94.876 Requirements for closing escrow.
(1) Subject to the requirements of ORS 94.871 and 94.873, an escrow for the sale of a timeshare estate may close only if one of...
94.878 Duties of escrow agent.
An escrow agent holding funds under ORS 94.873: (1) May invest the escrowed funds in securities of the federal government or any agency thereof or...
94.881 Who may serve as escrow agent.
(1) Funds placed into escrow under ORS 94.873 shall be placed into an escrow account established solely for that purpose with one of the following...
94.885 Rights of lienholder.
(1) When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors and anyone who acquires the property through foreclosure,...
94.890 Lien payment trust; payments; delinquencies.
(1) A lien payment trust may be established with a trust company as defined in ORS 706.008 that is authorized to transact trust business in...
94.895 Trust irrevocable without alternative arrangement.
(1) Except as provided in subsection (2) of this section: (a) If a trust is established for timeshare property subject to timeshare licenses, the trust...
94.900 Alternative to lien payment trust.
(1) If it is impossible or impractical for a developer to satisfy any of the requirements of ORS 94.890 because of factors over which the...
94.905 Surety bond.
Any surety bond furnished to the Real Estate Commissioner under ORS 94.890 must be in an amount which is not less than 110 percent of...
94.915 Inspection of records; rules; uniform standards.
(1) Records of the sale of timeshares in a timeshare plan shall be subject to inspection by the Real Estate Commissioner. (2) The Real Estate...
94.920 Consent to service by out-of-state developer.
(1) Every nonresident developer, at the time of filing the notice required by ORS 94.823, also shall file with the Real Estate Commissioner an irrevocable...
94.925 Civil penalty.
(1) In addition to any other penalty provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of...
94.930 Commissioner order; injunctive relief.
(1) If the Real Estate Commissioner finds that an owner, developer or other person is violating any of the provisions of ORS 94.803 and 94.807...
94.940 False practices prohibited.
No person shall, in connection with an offering, sale or lease of an interest in a timeshare plan: (1) Employ any device, scheme or artifice...
94.945 Advertising regulation.
It shall be unlawful for any developer or the agent or employee of a developer with intent to sell or lease a timeshare in a...
94.953 Definitions for ORS 94.953 to 94.989.
As used in ORS 94.953 to 94.989: (1) “Blanket encumbrance” means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a...
94.956 Registration required to sell membership camping contract.
Except as provided in ORS 94.959, and except for transactions pursuant to ORS 94.962, no person shall offer to sell or sell a membership camping...
94.959 Application for registration.
(1) A membership camping operator wishing to offer to sell or sell a membership camping contract in this state shall register the contract with the...
94.962 Exemptions from registration.
The following transactions are exempt from registration: (1) An offer, sale or transfer by any one person of not more than one membership camping contract...
94.965 Effective date of registration.
The application for registration shall automatically become effective upon the expiration of 45 calendar days following filing of a completed application with the Real Estate...
94.968 Denial, suspension and revocation of registration; other sanctions.
(1) The Real Estate Commissioner may order that a registration of an offer or sale of membership camping contracts be denied, suspended or revoked if...
94.971 Fee for registration or amendment of an offer or sale of membership camping contract.
(1) The fee for registration or amendment of an offer or sale of a membership camping contract shall be an amount sufficient to recover any...
94.974 Written disclosures required; procedures; inspection of records.
(1) Except in a transaction exempt under ORS 94.962, any person who sells a membership camping contract shall provide the prospective purchaser with those written...
94.975 False practices prohibited.
No person shall, in connection with an offering or sale of a membership camping contract: (1) Employ any device, scheme or artifice to defraud; (2)...
94.976 Advertising regulation.
It shall be unlawful for any membership camping operator or the agent or employee of any membership camping operator with intent to sell a membership...
94.977 Registration as salesperson or broker.
(1) Unless the transaction is exempt under ORS 94.962, it is unlawful for any person to act as a salesperson or membership camping contract broker...
94.980 Application for registration; fee.
(1) A salesperson or membership camping contract broker may apply for registration by filing with the Real Estate Commissioner an application which includes the following...
94.983 Cancellation of contract by purchaser; notice of right to cancel.
(1) Any membership camping contract may be canceled at the option of the purchaser, if: (a) The purchaser sends notice of the cancellation by certified...
94.986 Requirements for sale of membership camping contract; nondisturbance agreements.
With respect to any campground offered for sale in this state and acquired and put into operation by a membership camping operator after September 1,...
94.987 Judicial declaration of failure in management.
(1)(a) Upon petition by the Real Estate Commissioner or a majority of active purchasers not then in default under their membership camping contracts, a court...
94.989 Interpretation of membership camping contracts; application of Unlawful Trade Practices Act.
(1) Membership camping contracts, campgrounds and facilities are not subdivisions or series partitions under ORS chapter 92, are not condominiums under ORS chapter 100, are...
94.990 [Repealed by 1971 c.478 §1]
94.991 [Formerly 91.990; 1987 c.320 §15; renumbered 100.990 in 1989]

Resources

Oregon Statutes

Chapter 94 - Real Property Development