Title 10, Property Rights and Transactions

(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 equitable interest in real property for the development of that property. (2) A development agreement shall specify: (a) The duration of the agreement…

(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 is consistent with local regulations then in place for the city or county. (2) The governing body of a city or county shall approve a dev…

(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, the owner of property on which development is sought or another person having a legal or equitable interest in that …

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, density and design applicable to the development of the property subject to a development agreement…

(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 body of a city or county shall amend or cancel a development agreement by adoption of an ordinance declaring cancellation of the…

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 shall cause the development agreement to be presented for recording in the office of the county clerk of the county in which the property sub…

(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 city or county may establish a system for the purchase and sale of development interests. The interest transferred shall be known as …

(1) The Legislative Assembly finds that: (a) Working farms and forests make vital contributions to Oregon by: (A) Providing jobs, timber, agricultural products, tax base and other social and economic benefits; (B) Helping to maintain soil, air and water resources; (C) Reducing le…

As used in this section and ORS 94.538: (1) “Conservation easement” has the meaning given that term in ORS 271.715. (2) “Governmental unit” means a city, county, metropolitan service district or state agency as defined in ORS 171.133. (3) “Holder” has the meaning given that term …

(1) One or more governmental units may establish a transferable development credit system, including a process for allowing transfer of development interests from a sending area within the jurisdiction of one governmental unit to a receiving area within the jurisdiction of anothe…

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 lot pursuant to the provisions of the declaration or the bylaws of the planned community or provisions of ORS 94.550 to 94.783. (2) “Blanket …

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 100) does not apply. (2) These homeowners associations have established a pattern of ownership in which ownership of a si…

(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 94.783. (2) A person may not convey any lot or unit in a planned community until the planned community is created by the recording of the declaratio…

(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 planned community created on or after January 1, 2002. (2) ORS 94.550 to 94.783, except for ORS 94.595 and 94.604, apply to a Class II planned communi…

(1) 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 to this section and ORS 94.550, 94.573, 94.574, 94.576, 94.577, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.64…

(1)(a)(A) The owners in a Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 to 94.783 may amend any provision of the planned community’s governing documents to conform with this section and ORS 94.550, 94.572, 94.574, 94.5…

(1)(a) If the governing documents of a Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 to 94.783 do not provide for the formation of a homeowners association, at least 10 percent of the owners in the planned community or…

ORS 92.010 to 92.192 apply to a planned community established under ORS 94.550 to 94.783. [1981 c.782 §4; 2021 c.97 §9]

(1)(a) The owners in a Class I or Class II planned community that is subject to the statutory provisions listed in ORS 94.572 (1) may elect to be subject to any other provisions of ORS 94.550 to 94.783 upon compliance with the applicable procedures prescribed in ORS 94.572, 94.57…

(1) An amended governing document must include a reference to the recording index numbers and the date of recording of prior governing documents. (2) The county clerk may charge a fee for recording a governing document or an amendment to a governing document under ORS 94.572, 94.…

(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 county in which the planned community is located. (2) The declaration shall include: (a) The name and classification of the planned …

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 Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Agriculture, the F…

(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 or any larger percentage specified in the declaration. (b) An amendment under this section may not: (A) Limit or diminish any right …

(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) Prepare an initial maintenance plan as described in subsection (4) of this section; and (c) Establish a reserve account as pro…

(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 that may be of limited or unlimited duration. A formal or written proxy or power of attorney is not required from an o…

(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 development or with the annexation of additional property shall form a transitional advisory committee to provide for the transition from admin…

(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 94.600, or 90 days after conveying 10 lots in the planned community if there is not a period of declarant control, the declarant shall c…

(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 community, and the association shall accept the administrative responsibility from the declarant. (2) If a quorum of th…

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 declarat…

(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) A person controls or is controlled by a transf…

(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…

(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: (a) Organize the homeowners association as a nonprofit corporation under ORS chapter 65; (b) Adopt, on behalf of the…

(1) If a homeowners association is at any time dissolved, whether inadvertently or deliberately: (a) The association automatically continues as an unincorporated association under the same name. (b) The unincorporated association: (A) Has all the property, powers and obligations …

(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: (a) Adopt and amend bylaws, rules and regulations for the planned community; (b) Adopt and…

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 the association of owners in accordance with ORS 94.625 and 94.630, including when the initial meeting shall be held and the met…

(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. (2) A director appointed by a declarant under ORS 94.600 need not be an owner or co-owner of…

(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 …

(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 becaus…

(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 pla…

(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. (2…

(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 to the reserve account under ORS 94.595. (3) Within 30 days after adopting the annual budget for the planned community, the board of di…

(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 enti…

(1) The homeowners association shall conduct at least one meeting of the owners each calendar year. (2)(a) Special meetings of the association may be called by the president of the board of directors, by a majority of the board of directors or by the president or secretary upon r…

(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 g…

(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. (2) If any meeting of the associat…

(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 publishe…

(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 otherwise: (a) An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with …

(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 the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section. (c) Unless the declaration or bylaws or ORS 94.5…

(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 (d) Other means of electronic communication acceptable to the board of directors. (2) Unless the declaration or bylaws prohibit …

(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. …