Title 10, Property Rights and Transactions

(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 lot…

(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 la…

The requirements of ORS 94.670 (5) first apply: (1) Commencing with the fiscal year following the turnover meeting required by ORS 94.616 for the association of a planned community created under ORS 94.550 to 94.783. (2) Commencing with the fiscal year following the year in which…

(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: (a) An owner submits a written request to the homeowners association to comply …

(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 or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief. The insurance shal…

(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 …

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 desc…

(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 insur…

(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 individual owner is precluded from obtaining; (c) The responsibility for payment of the amount of the deductible in an association insur…

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 o…

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]

(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…

(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). …

(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…

(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. (2)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a l…

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 paym…

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 94.55…

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 ti…

(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) No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additi…

(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 (b) For use of the common property consistent with the declaration and the bylaws. (2) Except as provided in the declaration, a declarant has an ease…

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 pur…

(1) The Legislative Assembly finds and declares that: (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 followi…

(1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community: (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,…

(1) As used in this section, “pesticide” has the meaning given that term in ORS 634.006. (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; an…

(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 m…

(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. (2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articl…

(1) Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless: (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 an…

(1) A provision in a governing document that is adopted or amended on or after January 1, 2020, is void and unenforceable 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 f…

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 fo…

(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…

(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: (a) A declaration by the Governor that a s…

(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 …

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 th…

ORS 94.550 to 94.783 may be cited as the Oregon Planned Community Act. [1981 c.782 §1] TIMESHARE ESTATES (General Provisions)

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, house, lodge, hotel or motel room or other private or commercial structure situated on real property and designed for resi…

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 facts about the timeshare plan; and (2) Provide reasonable regulation of the timeshare industry while encouraging the g…

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 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 comp…

(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. (2) All of the timeshare property within each timeshare plan shall be listed on the as…

(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 hot…

(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 a…

(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…

(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. (2) If any timeshare is owned by two or more persons as tenants in common, as tenants by the e…

(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 o…

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 timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the ti…

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: (1) The name and b…

(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. (2) The exchange program information to be provided to the purchaser shall be established by rule by the…

(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 ch…

(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). (2) A copy of the public report, when issued, shall be given to the …

(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 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, $…

(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: (a) Comply with ORS 94.803 and 94.807 to 94.945; and (b) Record, in th…