Chapter 94 — Chapter 94

ORS 94.620 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 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 94.609, the declarant may continue to hold the special declarant rights, other than a right of declarant control, reserved under the declaration. [1981 c.782 §68; 1999 c.677 §12]

0.0K chars

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 or is under common control with a transferor or successor declarant

2.6K chars

ORS 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 or beneficiary of a trust deed affecting the declarant’s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of such transferor’s interest in a planned community, unless

3.0K chars

ORS 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 conveyed, the declarant shall

5.5K chars

ORS 94.626 Corporate dissolution of association. (1) If a homeowners association is at any time dissolved, whether inadvertently or deliberately

1.5K chars

ORS 94.630 Powers of association. (1) Subject to subsection (2) of this section and ORS 94.762, 94.763, 94.776, 94.778 and 94.779, and except as otherwise provided in its declaration or bylaws, a homeowners association may

9.0K chars

ORS 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

3.1K chars

ORS 94.639 Criteria for board of directors membership. (1) Each member of the board of directors must be an individual and, except as provided in subsections (2) and (3) of this section, an owner or co-owner of a lot in the planned community

1.6K chars

ORS 94.640 Association board of directors; powers and duties; removal of director. (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 the performance of their duties, officers and members of the board of directors are governed by this section and the applicable provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377, whether or not the association is incorporated under ORS chapter 65

2.4K chars

ORS 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 association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action because the director claims a conflict of interest

0.4K chars

ORS 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 quorum in accordance with the bylaws, an owner or a first mortgagee may request the circuit court of the county in which the planned community is located to appoint a receiver to manage the affairs of the association

2.1K chars

ORS 94.644 Meetings of board of directors; notice; executive sessions. (1) Except as provided in subsection (2) of this section, all meetings of the board of directors of an association are open to owners’ attendance. An owner does not have any right to participate in a meeting except as may be provided by the governing documents or by the board

3.0K chars

ORS 94.645 Adoption of annual budget. (1) The board of directors at least annually shall adopt a budget for the planned community

0.4K chars

ORS 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 homeowners association may be taken without a meeting if the association delivers a written ballot to every association member that is entitled to vote on the matter. Action by written ballot may not substitute for the following meetings

5.6K chars

ORS 94.650 Meetings of lot owners; notice. (1) The homeowners association shall conduct at least one meeting of the owners each calendar year

2.6K chars

ORS 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 of the board of directors of the homeowners association, any notice, information or other written material required to be given to an owner or director under the declaration or bylaws or ORS 94.550 to 94.783, that otherwise complies with the requirements of ORS 94.550 to 94.783, may be given by electronic mail, facsimile or other form of electronic communication

1.0K chars

ORS 94.655 Quorum for association meetings. (1) Unless the declaration or bylaws of a homeowners association specify a greater percentage, a quorum for any meeting of the association consists of the number of persons who are entitled to cast 20 percent of the votes in a planned community

1.2K chars

ORS 94.657 Rules of order. (1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order published by the Robert’s Rules Association

0.6K chars

ORS 94.658 Voting or granting consent. (1) Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote

1.0K chars

ORS 94.660 Method of voting or consenting. (1) The vote or consent of a lot may be cast or given

2.2K chars

ORS 94.661 Electronic ballot. (1) As used in this section, “electronic ballot” means a ballot given by

1.6K chars

ORS 94.662 Notice to owners of intent to commence legal proceedings; owner right to opt out; meeting required prior to construction defect claim; meeting notices. (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 written notice to each affected owner of the association’s intent to seek damages on behalf of the owner. The notice shall, at a minimum

3.8K chars

ORS 94.665 Authority of association to sell, transfer, convey or encumber common property. (1) Except as otherwise provided in the declaration, a homeowners association may sell, transfer, convey or subject to a security interest any portion of the common property if 80 percent or more of the votes in the homeowners association, including 80 percent of the votes of lots not owned by a declarant at the time of the vote, are cast in favor of the action

3.5K chars

ORS 94.667 [1999 c.447 §1; 2001 c.756 §19; 2015 c.27 §7; renumbered 205.225 in 2025]

0.0K chars

ORS 94.670 Association duty to keep documents and records; deposit of assessments; 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 of the association for not less than the period specified for the record in ORS 65.771 or any other applicable law except that

6.8K chars

ORS 94.671 Application of ORS 94.670 (5). The requirements of ORS 94.670 (5) first apply

0.4K chars

ORS 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), (3), (4) and (8), 94.644 and 94.670 if

0.5K chars

ORS 94.675 Insurance for common property; fidelity bond coverage. (1) The board of directors of a homeowners association shall obtain and maintain

3.5K chars

ORS 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 to ORS 94.572 do not assign the responsibility for payment of the amount of the deductible in an association insurance policy, the board of directors of the homeowners association may adopt a resolution that assigns the responsibility for payment of the amount of the deductible. The resolution must include, but need not be limited to

2.6K chars

ORS 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 with documents governing the association, the homeowners association board of directors of a subdivision described in ORS 94.673 (1) may elect to be governed by ORS 94.645, 94.655 and 94.675, without further action by the association. [1983 c.206 §7]

0.0K chars

ORS 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 has suffered damage or whether a unit must be repaired or reconstructed, the board of directors shall obtain blanket all-risk insurance for the full replacement cost of all structures in the planned community. Cost of the coverage shall be a common expense to the association

0.6K chars

ORS 94.685 Specification of insurance for individual lots. (1) Unless provided in the declaration, the bylaws shall specify

0.6K chars

ORS 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 subrogation by the insurer as to any claims against the board of directors of the association, any owner or any guest of an owner. [1981 c.782 §56; 1999 c.677 §24]

0.0K chars

ORS 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 that the master association may exercise any such power. [1981 c.782 §62]

0.0K chars

ORS 94.700 Duration and termination of initial management agreements and service and employment contracts; exceptions. (1) Except as provided in subsection (2) of this section, 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 or on behalf of the association, the board of directors or the owners as a group shall be in excess of three years

1.3K chars

ORS 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 individual lots subject to assessment are assessed for common expenses as specified in the declaration pursuant to ORS 94.580 (2)

3.1K chars

ORS 94.705 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 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. The lien includes interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws or other recorded governing document. The lien is prior to a homestead exemption and all other liens or encumbrances upon the lot except

3.0K chars

ORS 94.710 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations. (1) Except as provided in subsection (4) of this section, an owner is personally liable for all assessments imposed on the owner or assessed against the owner’s lot by the homeowners association

1.8K chars

ORS 94.715 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 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 planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner’s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner’s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 §45]

0.0K chars

ORS 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 brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 to 94.783 or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1999 c.677 §33; 2001 c.756 §23; 2007 c.409 §17]

0.0K chars

ORS 94.720 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 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 not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 §46; 1999 c.677 §27]

0.0K chars

ORS 94.725 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 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

0.8K chars

ORS 94.730 [Repealed by 1971 c.478 §1]

0.0K chars

ORS 94.733 Easements held by owner of lot and by declarant; homeowners association access to lots. (1) Subject to ORS 94.665, each owner of a lot has an easement through the common property

1.7K chars