Chapter 94 — Chapter 94
342 sections in this chapter.
ORS 94.740 [1981 c.782 §74; repealed by 1999 c.677 §72]
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[Repealed or reserved.]
ORS 94.745 [1981 c.782 §78; repealed by 1999 c.677 §72]
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[Repealed or reserved.]
ORS 94.750 [1981 c.782 §76; 1983 c.740 §8; repealed by 1999 c.677 §72]
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[Repealed or reserved.]
ORS 94.755 [1981 c.782 §82; repealed by 1999 c.677 §72]
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(Miscellaneous)
ORS 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 either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled “POSSIBLE Improvement.” [1981 c.782 §79]
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[Repealed or reserved.]
ORS 94.761 Legislative findings regarding electric vehicle charging stations. (1) The Legislative Assembly finds and declares that
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(a) The purpose of ORS 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner’s personal residential use. (b) Oregon courts have identified the following factors in determining whether personal property is…
ORS 94.762 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community
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(a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owne…
ORS 94.763 Association use of pesticides on lots; notice to owners; owner opt out. (1) As used in this section, “pesticide” has the meaning given that term in ORS 634.006
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(2) A homeowners association must provide, upon an owner’s request, notice to the owner of: (a) The dates and times that the association plans to apply a pesticide to the owner’s property; and (b) The means by which the owner may exclude the owner’s property from the application …
ORS 94.764 Changes or actions that require approval or consent of mortgagee. (1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request
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(2) The request must: (a) Be in writing. (b) Name the mortgagor. (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address. (d) Identify the mortgage by loan number or reference to the county recording office and …
ORS 94.765 [1981 c.782 §81; repealed by 1999 c.677 §72]
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[Repealed or reserved.]
ORS 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
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(2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 94.550 to 94.783. (3) Title to a …
ORS 94.775 Judicial partition of lots. (1) Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless
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(a) The declaration expressly allows the division of lots in a planned community; or (b) The lot may be divided under ORS 94.776. (2) The lot may be partitioned by sale and division of the proceeds under ORS 105.245. (3) The restriction specified in subsection (1) of this section…
ORS 94.776 (1) A provision in a governing document is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing, including accessory dwelling units or middle housing, that is otherwise allowable under the maximum density of the zoning for the land
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(2) Lots or parcels, as those terms are defined in ORS 92.010, that result from the division of land in a planned community are subject to the governing documents of the planned community. Any resulting dwelling units are allocated assessments and voting rights on the same basis …
ORS 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 and restrictions in the declaration or in the deed to the lot. Failure to comply therewith shall be grounds for an action maintainable by the homeowners association or by an aggrieved owner. [1999 c.677 §36]
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[Repealed or reserved.]
ORS 94.778 Prohibition against installation of solar panels void and unenforceable. (1) Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 and 227.190, is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon
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(2) An owner of record of real property subject to an instrument that contains a provision described in subsection (1) of this section may file a petition to remove the provision in the manner provided in ORS 93.272 for removal of a provision from an instrument conveying or contr…
ORS 94.779 Unenforceability of certain requirements and restrictions. (1) A provision of a planned community’s governing document or landscaping or architectural guidelines that imposes irrigation requirements on an owner or the association is void and unenforceable while any of the following is in effect
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(a) A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located; (b) A finding by the Water Resources Commission that a severe, continuing drought exists or is likely to occu…
ORS 94.780 Remedies; attorney fees; statute of limitations. (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
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(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 identificat…
ORS 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 under ORS 92.120 before January 1, 1984, the provisions of ORS 94.595, 94.604, 94.609, 94.616, 94.700, 94.760 and 94.780 shall apply to the planned community. [1983 c.206 §8; 1999 c.677 §68]
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[Repealed or reserved.]
ORS 94.785 Short title. ORS 94.550 to 94.783 may be cited as the Oregon Planned Community Act. [1981 c.782 §1]
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TIMESHARE ESTATES (General Provisions)
ORS 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
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(1) “Agency” means the Real Estate Agency. (2) “Accommodation” means an apartment, condominium unit, cabin, house, lodge, hotel or motel room or other private or commercial structure situated on real property and designed for residential occupancy. (3) “Assessment” means the pro …
ORS 94.805 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 94.806 Legislative finding. The Legislative Assembly finds and declares that there is a need to
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(1) Protect timeshare purchasers by requiring full and adequate disclosure of all pertinent facts about the timeshare plan; and (2) Provide reasonable regulation of the timeshare industry while encouraging the growth and development of the industry in Oregon. [1983 c.530 §1]
ORS 94.807 Application. ORS 94.803, 94.806, 94.811 to 94.863 and 94.869 to 94.945 do not apply to
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(1) Any timeshare plan for which the developer has complied with the requirements of ORS 92.305 to 92.495 or 100.005 to 100.910 before July 28, 1983. (2) Any timeshare plan for which the developer has complied with all applicable local regulations and has submitted a completed fi…
ORS 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 the owners of the timeshare property
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(2) All of the timeshare property within each timeshare plan shall be listed on the assessment roll by code area and account number as a single entry stating as one value the real market value and assessed value of the land and improvements, except that recreational facilities sh…
ORS 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 personal property, exchange rights, club memberships, vacation convenience services such as hotel-type services and the management structure of the timeshare plan, and that portion of the legal, accounting, promotion and marketing costs in developing and selling the timeshares allocable to the nonreal property components. The real market value of timeshare property shall not be based upon the aggregate sales prices of timeshares, if such sales prices include nonreal property components
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(2) The real market value of timeshare property, other than the recreational facilities, shall be determined by taking the value of each individual living unit as if such living unit were owned by a single taxpayer, without having been timeshared, and adjusting such value by an a…
ORS 94.810 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 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 Community Act may amend the declaration for the condominium or planned community to prohibit the creation of a timeshare plan involving any portion of the property of the condominium or planned community. Any amendment to a condominium declaration must comply with ORS 100.135 and any amendment to a planned community declaration must comply with ORS 94.590
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(2) The owners of land in a subdivision may amend the recorded declaration, bylaws or other governing document for the subdivision to prohibit the creation of a timeshare plan involving any portion of the property within the subdivision. The amendment must be approved by not less…
ORS 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 in real property and has the character and incidents of an estate in fee simple at common law or estate for years if a leasehold. A timeshare license is an estate for years having the character and incidents of such an estate at common law
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(2) A document transferring or encumbering a timeshare may not be rejected for recordation because of the nature or duration of the interest. (3) Neither a timeshare plan nor a timeshare, subject to regulation under ORS 94.803 and 94.807 to 94.945 is a “security,” as defined in O…
ORS 94.815 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 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 remains subject to a timeshare plan
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(2) If any timeshare is owned by two or more persons as tenants in common, as tenants by the entirety or as tenants with rights of survivorship, nothing in this section shall prohibit the judicial sale of the timeshare in lieu of partition as between the cotenants. (3) A court of…
ORS 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 in the office of the recording officer of every county in which the timeshare property is located. To submit property located outside this state to the provisions of ORS 94.803 and 94.807 to 94.945, the developer shall satisfy the requirements of ORS 94.885 for the recording of a notice of timeshare plan. The timeshare instrument shall comply with ORS 94.821 and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of a deed
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(2) If the developer is not the fee owner of the property, the fee owner and the vendor under any contract of sale and the lessor under any lease shall also execute the timeshare instrument for the purpose of consenting to the property being submitted to the provisions of ORS 94.…
ORS 94.820 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 94.821 Content of timeshare instrument. A timeshare instrument shall include
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(1) A legal description of the timeshare property; (2) The name or other identification of the project; (3) Identification of timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the timeshare; (4) Identification of the acc…
ORS 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 and content of the notice shall be established by rule by the commissioner, but shall include at least
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(1) The name and business and residence addresses of: (a) The developer; (b) The developer’s agent; (c) The designated managing entity; and (d) Any person selling the timeshare plan within Oregon. (2) An explanation of the timeshare form of ownership to be offered under the times…
ORS 94.825 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 94.826 Information on exchange program; content; rules. (1) A developer offering an exchange program to a purchaser in conjunction with a timeshare plan shall provide written information to the purchaser about the exchange program
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(2) The exchange program information to be provided to the purchaser shall be established by rule by the Real Estate Commissioner and shall include at least: (a) The name and address of the exchange company; (b) Whether or not the purchaser’s participation in the exchange program…
ORS 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 lieu of preparing a report, the commissioner may accept a report prepared by the developer and issue the report with any changes the commissioner considers necessary
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(2) Whether or not the commissioner issues a public report on a timeshare plan the developer shall report to the commissioner any material change in the timeshare plan or in the marketing program for the timeshare plan within 10 days after the change occurs. (3) The commissioner …
ORS 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 timeshare plan, unless the public report has been waived under ORS 94.828 (3)
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(2) A copy of the public report, when issued, shall be given to the prospective purchaser of a timeshare by the developer or agent of the developer prior to the execution of a binding contract or agreement for the sale of the timeshare. The developer or the developer’s agent shal…
ORS 94.830 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 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
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(a) For a timeshare plan developed in a single phase, $500 plus $10 for each timeshare but in no case shall the fee exceed $3,000. (b) For a timeshare plan developed in two or more phases, $500 plus $10 for each timeshare in the first phase, and $5 for each additional timeshare d…
ORS 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 this state, the developer of the timeshare plan must
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(a) Comply with ORS 94.803 and 94.807 to 94.945; and (b) Record, in the real property records of each county or other appropriate jurisdiction of each state in which the timeshare property is located for use of a timeshare owner, the notice of timeshare plan, as defined in ORS 94…
ORS 94.835 [Repealed by 1971 c.478 §1]
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(Purchaser’s Rights)
ORS 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 timeshare within five calendar days from the date the purchaser signs the first written offer or contract to purchase
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(2) Cancellation, under subsection (1) of this section, occurs when the purchaser gives written notice to the developer at the developer’s address. The cancellation period in subsection (1) of this section does not begin until the developer provides the purchaser with developer’s…
ORS 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 of the agreement or on a separate sheet attached to the first page, the following notice in at least 8-point type
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______________________________________________________________________________ NOTICE TO PURCHASER BY SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE A TIMESHARE. HOWEVER, YOU HAVE FIVE CALENDAR DAYS AFTER SIGNING THIS AGREEMENT TO CANCEL THE AGREEME…
ORS 94.840 [Repealed by 1971 c.478 §1]
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[Repealed or reserved.]
ORS 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 purchaser under ORS 94.803 and 94.807 to 94.945 against the developer shall be considered to be contrary to public policy and void. [1983 c.530 §28]
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[Repealed or reserved.]
ORS 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 interest is involved in the transfer, agrees to
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(a) Honor the right of each owner to occupy and use the accommodations and facilities; (b) Honor the right of a purchaser to cancel a contract and receive an appropriate refund, as provided in ORS 94.836; (c) Comply with ORS 94.803 and 94.807 to 94.945 as long as the transferee c…
ORS 94.845 [Repealed by 1971 c.478 §1]
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(Association of Owners; Management)
ORS 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 trust, a management firm or an individual
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(2) The managing entity shall act as a fiduciary to each timeshare owner. (3) The managing entity shall be responsible for: (a) Managing and maintaining all accommodations and facilities of the timeshare plan. (b) Collecting any assessment for common expenses. (c) Providing each …
ORS 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 trust or the owners assume the role of managing entity shall include provisions for
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(1) Termination of developer management or developer selected management by the association, trust or owners; (2) Termination of contracts for goods and services for the timeshare property entered into during the period the developer served as the managing entity; (3) A regular a…