Title 10, Property Rights and Transactions

(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…

(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. (2) Cancel…

(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: ________________________…

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 v…

(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: (a) Honor the right of each owner to occupy and use the accommodations and …

(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. (2) The managing entity shall act as a fiduciary to each timeshare owner. (3) The …

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: (1) Termination of developer manageme…

(1) Until the closing of the first timeshare sale the developer shall pay all common expenses. (2) After the closing of the first timeshare sale, the managing entity shall charge an annual assessment for the payment of common expenses based on the projected annual budget. The ass…

(1) Whenever a managing entity levies an assessment for common expenses against a timeshare estate, the managing entity, upon complying with subsection (2) of this section, shall have a lien upon the timeshare estate for the reasonable value of the expenses, for any unpaid assess…

(1) The timeshare instrument may provide that an association of timeshare owners be organized to serve as a means through which the timeshare owners may take action with regard to the administration, management and operation of the timeshare plan and the timeshare property. The a…

The developer shall deliver to the designated managing entity before the closing of the first timeshare sale, the following: (1) The original or a photocopy of the recorded timeshare instrument for the timeshare plan and any supplements and amendments thereto. (2) A copy of any o…

(1) A court of competent jurisdiction, upon petition by timeshare owners constituting at least 10 percent of the total number of timeshare owners in a timeshare plan, may declare a failure in the management of the timeshare plan and timeshare property and appoint a trustee to ass…

(1) If the managing entity has the sole authority to decide whether to repair or reconstruct an accommodation or facility that has suffered damage or that an accommodation or facility must be repaired or reconstructed, the managing entity shall obtain and maintain at all times an…

(1) Unless a lien payment trust is established under ORS 94.890, no timeshare estate shall be sold by a developer by means of a purchase money agreement as defined in ORS 94.890 unless a collection escrow is established within this state with a person or firm authorized to receiv…