Title 10, Property Rights and Transactions

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. …

(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). …