94.004 [Formerly 91.500; 1983 c.530 §48; 1987 c.459 §1; 1989 c.595 §1; renumbered 100.005 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 94 — Real Property Development
342 sections94.005 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.010 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.011 [Formerly 91.503; renumbered 100.010 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.013 [1987 c.459 §6; 1989 c.595 §2; renumbered 100.020 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.015 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.016 [1987 c.459 §39; renumbered 100.025 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.017 [Formerly 91.504; 1987 c.459 §37; 1989 c.595 §3; renumbered 100.185 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.020 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.021 [1987 c.459 §3; 1989 c.595 §4; renumbered 100.150 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.022 [1987 c.459 §4; 1989 c.595 §5; renumbered 100.155 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.023 [Formerly 91.506; 1987 c.459 §7; 1989 c.595 §6; renumbered 100.100 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.025 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.029 [Formerly 91.509; 1983 c.530 §49; 1983 c.615 §1; 1987 c.459 §8; 1989 c.595 §7; renumbered 100.105 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.030 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.035 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.036 [Formerly 91.512; 1983 c.615 §2; 1983 c.740 §7a; 1987 c.459 §9; renumbered 100.110 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.040 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.042 [Formerly 91.515; 1983 c.309 §8; 1985 c.582 §2; 1987 c.459 §10; 1989 c.595 §8; renumbered 100.115 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.045 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.047 [Formerly 91.518; 1983 c.309 §8a; 1987 c.459 §11; 1989 c.595 §9; renumbered 100.120 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.048 [1987 c.459 §3a; renumbered 100.125 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.050 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.053 [Formerly 91.519; 1983 c.309 §8b; renumbered 100.130 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.055 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.059 [Formerly 91.521; 1983 c.615 §3; 1987 c.459 §12; renumbered 100.135 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.060 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.065 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.066 [1981 c.647 §30; renumbered 100.170 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.070 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.072 [1981 c.647 §33; renumbered 100.175 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.075 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.078 [1981 c.647 §25; 1983 c.206 §1; 1983 c.530 §50; 1987 c.459 §13; 1989 c.595 §10; renumbered 100.200 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.080 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.084 [1981 c.647 §26; 1987 c.459 §14; renumbered 100.205 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.085 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.090 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.091 [1981 c.647 §27; 1983 c.206 §2; 1987 c.459 §15; renumbered 100.210 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.095 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.097 [1981 c.647 §29; 1989 c.595 §11; renumbered 100.220 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.100 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.103 [1981 c.647 §28; 1989 c.595 §12; renumbered 100.225 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.105 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.109 [Formerly 91.523; renumbered 100.300 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.110 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.115 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.116 [Formerly 91.524; renumbered 100.305 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.120 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.122 [Formerly 91.526; 1989 c.595 §13; renumbered 100.310 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.125 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.128 [1981 c.886 §5; 1989 c.595 §14; renumbered 100.315 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.130 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.134 [1981 c.886 §6; 1989 c.595 §15; renumbered 100.320 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.135 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.140 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.145 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.146 [Formerly 91.527; 1989 c.595 §16; renumbered 100.405 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.150 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.152 [Formerly 91.531; 1983 c.615 §4; 1987 c.459 §16; 1989 c.595 §48; renumbered 100.410 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.155 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.158 [Formerly 91.533; 1987 c.459 §17; 1989 c.595 §17; renumbered 100.415 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.160 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.164 [Formerly 91.534; renumbered 100.420 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.165 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.170 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.171 [Formerly 91.536; 1987 c.459 §18; renumbered 100.430 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.175 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.177 [1981 c.647 §32; renumbered 100.435 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.180 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.185 [Formerly 91.539; 1989 c.595 §18; renumbered 100.440 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.190 [Formerly 91.542; renumbered 100.445 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.195 [Formerly 91.546; 1983 c.530 §51; 1989 c.595 §19; renumbered 100.450 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.202 [Formerly 91.548; 1989 c.595 §20; renumbered 100.460 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.205 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.208 [Formerly 91.551; 1989 c.595 §21; renumbered 100.475 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.210 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.214 [Formerly 91.554; renumbered 100.480 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.215 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.220 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.221 [Formerly 91.557; renumbered 100.485 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.225 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.230 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.231 [Formerly 91.561; renumbered 100.505 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.235 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.237 [Formerly 91.562; renumbered 100.510 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.240 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.243 [Formerly 91.563; 1983 c.309 §8c; 1983 c.615 §5; renumbered 100.515 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.245 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.250 [1981 c.647 §31; 1983 c.309 §8d; renumbered 100.520 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.255 [Formerly 91.564; renumbered 100.525 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.260 [Formerly 91.566; 1987 c.459 §19; 1989 c.595 §22; renumbered 100.530 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.265 [Formerly 91.569; renumbered 100.535 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.270 [Formerly 91.572; renumbered 100.540 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.275 [Formerly 91.576; renumbered 100.545 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.280 [Formerly 91.578; 1983 c.615 §6; 1989 c.595 §23; renumbered 100.550 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.285 [Formerly 91.581; renumbered 100.555 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.295 [Formerly 91.584; 1989 c.595 §24; renumbered 100.600 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.300 [Formerly 91.587; 1989 c.595 §25; renumbered 100.605 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.305 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.306 [Formerly 91.591; 1989 c.595 §26; renumbered 100.610 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.310 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.312 [Formerly 91.593; 1989 c.595 §27; renumbered 100.615 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.315 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.318 [Formerly 91.596; 1989 c.595 §28; renumbered 100.620 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.320 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.322 [1983 c.615 §8; renumbered 100.625 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.324 [Formerly 91.599; 1985 c.760 §1; repealed by 1987 c.459 §41]repealed
No operative statutory text appears at this designation in the selected edition.
94.325 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.330 [Amended by 1969 c.591 §278; repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.331 [Formerly 91.602; 1987 c.459 §20; 1989 c.595 §29; renumbered 100.635 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.333 [1987 c.459 §22; renumbered 100.015 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.335 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.336 [Formerly 91.606; repealed by 1987 c.459 §41]repealed
No operative statutory text appears at this designation in the selected edition.
94.340 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.342 [Formerly 91.608; 1987 c.459 §29; renumbered 100.645 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.345 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.348 [Formerly 91.611; 1987 c.459 §30; renumbered 100.650 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.350 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.351 [1987 c.459 §24; 1989 c.595 §30; renumbered 100.655 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.353 [1987 c.459 §25; renumbered 100.640 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.354 [1987 c.459 §23; renumbered 100.670 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.355 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.356 [1987 c.459 §26; renumbered 100.660 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.357 [1987 c.459 §27; renumbered 100.675 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.358 [1987 c.459 §28; renumbered 100.680 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.359 [Formerly 91.614; 1987 c.459 §31; renumbered 100.700 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.360 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.365 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.366 [Formerly 91.617; repealed by 1987 c.459 §41]repealed
No operative statutory text appears at this designation in the selected edition.
94.370 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.372 [Formerly 91.621; repealed by 1987 c.459 §41]repealed
No operative statutory text appears at this designation in the selected edition.
94.375 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.378 [Formerly 91.623; repealed by 1987 c.459 §41]repealed
No operative statutory text appears at this designation in the selected edition.
94.380 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.384 [Formerly 91.626; 1987 c.459 §32; 1989 c.171 §12; 1989 c.595 §31; renumbered 100.705 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.385 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.390 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.391 [Formerly 91.629; 1987 c.459 §35; renumbered 100.710 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.395 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.400 [Formerly 91.631; renumbered 100.720 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.405 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.406 [Formerly 91.634; renumbered 100.725 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.410 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.412 [Formerly 91.637; 1989 c.595 §47; renumbered 100.730 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.415 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.418 [1981 c.647 §24; renumbered 100.735 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.420 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.424 [Formerly 91.641; 1989 c.595 §32; renumbered 100.740 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.425 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.430 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.431 [Formerly 91.646; 1987 c.459 §36; renumbered 100.745 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.435 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.437 [Formerly 91.649; renumbered 100.750 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.440 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.445 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.448 [Formerly 91.652; renumbered 100.770 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.454 [Formerly 91.656; renumbered 100.775 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.460 [Formerly 91.658; renumbered 100.780 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.465 [Formerly 91.661; 1989 c.595 §33; renumbered 100.785 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.470 [Formerly 91.664; 1983 c.696 §7b; 1989 c.706 §7; renumbered 100.900 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.475 [Formerly 91.667; renumbered 100.905 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.480 [Formerly 91.671; renumbered 100.910 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
94.504 Development agreements; contents; duration; effect on affordable housing covenants
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. A development agreement shall specify: The duration of the agreement; The permitted uses of the property; The density or intensity of use; The maximum heig…
94.505 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.508 Approval by governing body; findings; adoption
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. The governing body of a city or county shall approve a development agreement or amend a development agreement by adoption of an ordinance declari…
94.510 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.513 Procedures on consideration and approval
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 property. Approval of a development agreement requires compliance with local regula…
94.515 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.518 Application of local government law and policies to agreement
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 shall be the comprehensive plan and those ordinances, rules and policies of the…
94.520 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.522 Amendment or cancellation of agreement; enforceability
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 agreement or setting forth the amendments to the agreement. Until a development ag…
94.525 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.528 Recording
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 subject to the agreement is situated. In addition to other provisions required by O…
94.530 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.531 Severable development interest in real property; transferable development credit
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 a transferable development credit. A transferable development credit shall include t…
94.534 Policy on transferable development credit systems
The Legislative Assembly finds that: Working farms and forests make vital contributions to Oregon by: Providing jobs, timber, agricultural products, tax base and other social and economic benefits; Helping to maintain soil, air and water resources; Reducing levels of carbon dioxide in the atmosphere; and Providing habitat for wildlife and aquatic life. …
94.536 Definitions for ORS 94.536 and 94.538
As used in this section and ORS 94.538: “Conservation easement” has the meaning given that term in ORS 271.715. “Governmental unit” means a city, county, metropolitan service district or state agency as defined in ORS 171.133. “Holder” has the meaning given that term in ORS 271.715. “Lot” has the meaning given that term in ORS 92.010. “Parcel” has the m…
94.538 Transferable development credit systems
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 another governmental unit. If the transferable development credit system allows transfer …
94.540 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.550 Definitions for ORS 94.550 to 94.783
As used in ORS 94.550 to 94.783: “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. “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic…
94.560 Legislative findings
The Legislative Assembly finds that: In the State of Oregon there are hundreds of homeowners associations to which the Oregon Condominium Law (ORS chapter 100) does not apply. These homeowners associations have established a pattern of ownership in which ownership of a single unit makes the owner automatically a member of a homeowners association with resp…
94.565 Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded
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. A person may not convey any lot or unit in a planned community until the planned community is created by the recording of the declaration for the planned community with the county recording officer of each county in which t…
94.570 Applicability of ORS 94.550 to 94.783
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. ORS 94.550 to 94.783, except for ORS 94.595 and 94.604, apply to a Class II planned community created on or after January 1, 2002. Notwithstanding any other provision of ORS 94.…
94.572 Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities
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, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 9…
94.573 Class I or Class II planned community option to amend governing documents to conform to statute
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, 94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94…
94.574 Procedure for formation of homeowners association by Class I or Class II planned community
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 any governing entity of the planned community may initiate the formation of an associa…
94.575 Applicability of subdivision law
ORS 92.010 to 92.192 apply to a planned community established under ORS 94.550 to 94.783.
94.576 Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783
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, 94.573 or 94.574. If the owners in a Class I or Class II planned community elect to be subj…
94.577 Recording amended governing documents; marketability of title unaffected by noncompliance
An amended governing document must include a reference to the recording index numbers and the date of recording of prior governing documents. The county clerk may charge a fee for recording a governing document or an amendment to a governing document under ORS 94.572, 94.573, 94.574 or 94.576 according to the provisions of ORS 205.320 (1)(d). Title to a un…
94.580 Declaration; recordation; contents
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. The declaration shall include: The name and classification of the planned community; The name of the association and the type of entity formed in accordance with O…
94.585 Authority to amend declaration and initial bylaws to comply with federal or state laws
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 Federal National Mortgage Association, the Government National Mortgage Associati…
94.590 Amendment of declaration by owners
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. An amendment under this section may not: Limit or diminish any right of a declarant reserved under ORS 94.580 (3) or (4) or any other special declarant right with…
94.595 Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan
The declarant, on behalf of a homeowners association, shall: Conduct an initial reserve study as described in subsection (3) of this section; Prepare an initial maintenance plan as described in subsection (4) of this section; and Establish a reserve account as provided in subsection (2) of this section. A homeowners association shall establish a reserve …
94.600 Declarant control of association
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 owner to vest the declarant with such authority. A declarant may voluntarily relinqu…
94.604 Transitional advisory committee
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 administrative responsibility by the declarant of the planned community under ORS 94.600 …
94.605 [Amended by 1965 c.619 §31; repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.609 Notice of meeting to turn over administrative responsibility
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 call a meeting for the purpose of turning over administrative responsibility for the …
94.610 [Amended by 1965 c.619 §32; repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.615 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.616 Turnover meeting; transfer of administration; receivership
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. If a quorum of the owners is present, the owners shall elect not fewer than the number of directors suff…
94.620 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.621 Rights of declarant following turnover meeting
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 declaration.
94.622 Obligations and liabilities arising from transfer of special declarant rights
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. A person controls or is controlled by a transferor or successor declarant if the person: Is a general partner, officer, director or …
94.623 Acquisition of special declarant rights by successor declarant; exceptions
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 transferor upon transfer by the declarant or prior successor declarant of all of su…
94.625 Formation of homeowners association; adoption of initial bylaws; amendment of bylaws
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: Organize the homeowners association as a nonprofit corporation under ORS chapter 65; Adopt, on behalf of the association, the initial bylaws required under ORS 94.635 to govern the administration of…
94.626 Corporate dissolution of association
If a homeowners association is at any time dissolved, whether inadvertently or deliberately: The association automatically continues as an unincorporated association under the same name. The unincorporated association: Has all the property, powers and obligations of the incorporated association existing immediately prior to dissolution; Shall be governed…
94.630 Powers of association
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: Adopt and amend bylaws, rules and regulations for the planned community; Adopt and amend budgets for revenues, expenditures and reserves, and collect assessments from owner…
94.635 Association bylaws
The bylaws of an association adopted under ORS 94.625, or amended or adopted under ORS 94.630, shall provide for the following: 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 method of calling that meeting. If a Class I planned community, the formation of a tr…
94.639 Criteria for board of directors membership
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. A director appointed by a declarant under ORS 94.600 need not be an owner or co-owner of a lot in the planned community. Except as otherwise provided in the bylaws, prior to …
94.640 Association board of directors; powers and duties; removal of director
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 ORS 65.357, 65.361, 65.367, 65.369 and 65.377, whether or not the association is inc…
94.641 Assent of director to board action
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 because the director claims a conflict of interest. When action is taken on any matter at…
94.642 Receivership for failure of homeowners association to fill vacancies on board of directors
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 planned community is located to appoint a receiver to manage the affairs of the associa…
94.644 Meetings of board of directors; notice; executive sessions
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. The board may close the meeting to owners and meet in an executive session to: Consu…
94.645 Adoption of annual budget
The board of directors at least annually shall adopt a budget for the planned community. The budget shall include moneys to be allocated to the reserve account under ORS 94.595. Within 30 days after adopting the annual budget for the planned community, the board of directors shall provide a summary of the budget to all owners. If the board fails to adopt …
94.647 Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions
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 entitled to vote on the matter. Action by written ballot may not substitute for the foll…
94.650 Meetings of lot owners; notice
The homeowners association shall conduct at least one meeting of the owners each calendar year. 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 receipt of a written request of a percentage of owners specified in the bylaws of the assoc…
94.652 Electronic notice to owner or director
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 given to an owner or director under the declaration or bylaws or ORS 94.550 to 94.783…
94.655 Quorum for association meetings
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. If any meeting of the association cannot be organized because of a lack of a quorum, the owners who are present, eith…
94.657 Rules of order
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 published by the Robert’s Rules Association. A decision of the association or the board of …
94.658 Voting or granting consent
Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote. Unless the declaration or bylaws provide otherwise: An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a lot owned or held in a fiduciary capacity if the fiduciary satisfies the secr…
94.660 Method of voting or consenting
The vote or consent of a lot may be cast or given: In person at a meeting of the homeowners association. In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section. Unless the declaration or bylaws or ORS 94.550 to 94.783 provide otherwise, pursuant to a proxy in accordance with subsection (2) of this…
94.661 Electronic ballot
As used in this section, “electronic ballot” means a ballot given by: Electronic mail; Facsimile transmission; Posting on a website; or Other means of electronic communication acceptable to the board of directors. Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board of directors of a homeowners associat…
94.662 Notice to owners of intent to commence legal proceedings; owner right to opt out; meeting required prior to construction defect claim; meeting notices
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. The notice shall, at a minimum: Be mailed to the mailing address of each lot or to …
94.665 Authority of association to sell, transfer, convey or encumber common property
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 lots not owned by a declarant at the time of the vote, are cast in favor of the action.…
94.667 [1999 c.447 §1; 2001 c.756 §19; 2015 c.27 §7; renumbered 205.225 in 2025]renumbered
No operative statutory text appears at this designation in the selected edition.
94.670 Association duty to keep documents and records; deposit of assessments; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner
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 law except that: The documents specified in ORS 94.616 (3)(o), if received, must be r…
94.671 Application of ORS 94.670 (5)
The requirements of ORS 94.670 (5) first apply: 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. Commencing with the fiscal year following the year in which owners assume responsibility for administration of a planned community described in O…
94.673 When compliance with specified provisions of ORS 94.640 and 94.670 required
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: An owner submits a written request to the homeowners association to comply with the provisions; The subdivision otherwise conforms to the description of a planne…
94.675 Insurance for common property; fidelity bond coverage
The board of directors of a homeowners association shall obtain and maintain: 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 shall cover the full replacement costs of any repair or reconstruction in the event of dama…
94.676 Insurance deductible for certain planned communities
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 board of directors of the homeowners association may adopt a resolution that assigns…
94.677 Election to have ORS 94.645, 94.655 and 94.675 apply
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 described in ORS 94.673 (1) may elect to be governed by ORS 94.645, 94.655 and 94.67…
94.680 Blanket all-risk insurance
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 insurance for the full replacement cost of all structures in the planned community. Cost …
94.685 Specification of insurance for individual lots
Unless provided in the declaration, the bylaws shall specify: The insurance an owner must obtain, if any; The insurance, if any, an individual owner is precluded from obtaining; The responsibility for payment of the amount of the deductible in an association insurance policy; and Whether or not the insurance coverage obtained and maintained by the board …
94.690 Terms of insurance under ORS 94.680
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 of an owner.
94.695 Authority to delegate association powers to master association
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.
94.700 Duration and termination of initial management agreements and service and employment contracts; exceptions
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 as a group shall be in excess of three years. Subject to paragraph (b) of this sub…
94.704 Assessment and payment of common expenses
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). If the declaration expressly authorizes deferment, the declarant may defer payment …
94.705 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.709 Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure
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 or other recorded governing document. The lien is prior to a homestead exemption an…
94.710 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations
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. Subject to paragraph (b) of this subsection, in a voluntary conveyance of a lot, the grantee shall be jointly and severally liable with the grantor for all unpaid asse…
94.715 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.716 Lien against two or more lots; release
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 payment, the lienholder promptly shall deliver to the owner a release of the lien as…
94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees
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 94.550 to 94.783 or the declaration or bylaws, including all amendments and supplemen…
94.720 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.723 Common expenses; liability of first mortgagee
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 title to the lot. The unpaid expenses shall become a common expense of all lot own…
94.725 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.728 Taxation of lots and common property
Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed. No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additional lots. The declarant alone is liable for payment of taxes or assessments on any po…
94.730 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.733 Easements held by owner of lot and by declarant; homeowners association access to lots
Subject to ORS 94.665, each owner of a lot has an easement through the common property: For access to the owner’s lot; and For use of the common property consistent with the declaration and the bylaws. Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant’s obligati…
94.740 [1981 c.782 §74; repealed by 1999 c.677 §72]repealed
No operative statutory text appears at this designation in the selected edition.
94.745 [1981 c.782 §78; repealed by 1999 c.677 §72]repealed
No operative statutory text appears at this designation in the selected edition.
94.750 [1981 c.782 §76; 1983 c.740 §8; repealed by 1999 c.677 §72]repealed
No operative statutory text appears at this designation in the selected edition.
94.755 [1981 c.782 §82; repealed by 1999 c.677 §72]repealed
No operative statutory text appears at this designation in the selected edition.
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 po…
94.761 Legislative findings regarding electric vehicle charging stations
The Legislative Assembly finds and declares that: 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. Oregon courts have identified the following factors in determining whether personal property is a fixture: Whether the personal pr…
94.762 Electric vehicle charging stations
Notwithstanding contrary provisions of a declaration or bylaws of a planned community: 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 …
94.763 Association use of pesticides on lots; notice to owners; owner opt out
As used in this section, “pesticide” has the meaning given that term in ORS 634.006. A homeowners association must provide, upon an owner’s request, notice to the owner of: The dates and times that the association plans to apply a pesticide to the owner’s property; and The means by which the owner may exclude the owner’s property from the application of t…
94.764 Changes or actions that require approval or consent of mortgagee
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…
94.765 [1981 c.782 §81; repealed by 1999 c.677 §72]repealed
No operative statutory text appears at this designation in the selected edition.
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
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. 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…
94.775 Judicial partition of lots
Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless: The declaration expressly allows the division of lots in a planned community; or The lot may be divided under ORS 94.776. The lot may be partitioned by sale and division of the proceeds under ORS 105.245. The restriction specified in subsection (1) of…
94.776 Development and division of lots; allocations for newly created lots
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 for, housing that is otherwise allowable under the maximum density of the zoning for …
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.
94.778 Prohibition against installation of solar panels void and unenforceable
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…
94.779 Unenforceability of certain requirements and restrictions
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 declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision withi…
94.780 Remedies; attorney fees; statute of limitations
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. Failure of an association …
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.
94.785 Short title
ORS 94.550 to 94.783 may be cited as the Oregon Planned Community Act. TIMESHARE ESTATES (General Provisions)
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: “Agency” means the Real Estate Agency. “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. “Assessment” means the pro rata share assessed from time to time a…
94.805 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.806 Legislative finding
The Legislative Assembly finds and declares that there is a need to: Protect timeshare purchasers by requiring full and adequate disclosure of all pertinent facts about the timeshare plan; and Provide reasonable regulation of the timeshare industry while encouraging the growth and development of the industry in Oregon.
94.807 Application
ORS 94.803, 94.806, 94.811 to 94.863 and 94.869 to 94.945 do not apply to: 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. Any timeshare plan for which the developer has complied with all applicable local regulations and has submitted a completed filing under …
94.808 Managing entity as taxpayer
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. 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 th…
94.809 Valuation of timeshare property; exclusions from value
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 portio…
94.810 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.811 When owners of planned community, condominium or subdivision may prohibit timeshare plan
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…
94.813 Character of timeshare estates
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 inci…
94.815 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.816 Partition prohibited; exception
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. 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 prohib…
94.818 Recording of timeshare instrument; payments required
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 develope…
94.820 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.821 Content of timeshare instrument
A timeshare instrument shall include: A legal description of the timeshare property; The name or other identification of the project; Identification of timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the timeshare; Identification of the accommodations; The method for determining the owner’s l…
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: The name and business and residence addresses of: The developer; The developer’s agent; The de…
94.825 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.826 Information on exchange program; content; rules
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. 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: The name and address of the exch…
94.828 Public report on plan
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. Whether or not the commissioner issues …
94.829 Sale not allowed before issuance of public report; distribution and uses of report
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). 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 t…
94.830 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.831 Filing fees; inspection advance payment; disposition of moneys
The notice required under ORS 94.823 shall be accompanied by a filing fee as follows: 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. 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…
94.833 Sale of timeshare plan located out-of-state
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: Comply with ORS 94.803 and 94.807 to 94.945; and Record, in the real property records of each county or other appropriate jurisdiction of each state in …
94.835 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.836 Cancellation of purchase within five days
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. Cancellation, under subsection (1) of this section, occurs when the purchaser gives written n…
94.839 Notice of cancellation right
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: ______________________________________________________________________________ NOTICE TO PURCHASER BY SIG…
94.840 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
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.
94.843 Limits on developer right to transfer
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: Honor the right of each owner to occupy and use the accommodations and facilities; Honor the right of a purchaser to cancel a contract and receive an appropr…
94.845 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.846 Designation of managing entity; duties and powers of entity
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. The managing entity shall act as a fiduciary to each timeshare owner. The managing entity shall be responsible for: Managing and maintaining all accommodations and…
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: Termination of developer management or developer selected management by the association, trust or owners; Terminati…
94.850 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.853 Payment of common expenses
Until the closing of the first timeshare sale the developer shall pay all common expenses. 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 assessment shall be against: Each owner in the proportion specified in the timeshare inst…
94.855 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.856 Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception
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 assessment and interest as provided in subsection (2)(b) of this section and for any late …
94.858 Owners’ association; powers and duties
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 association shall be organized as a corporation for profit or nonprofit corporation. …
94.863 Developer’s duty to managing entity
The developer shall deliver to the designated managing entity before the closing of the first timeshare sale, the following: The original or a photocopy of the recorded timeshare instrument for the timeshare plan and any supplements and amendments thereto. A copy of any other document creating the managing entity. Any rules and regulations that have been …
94.867 Judicial declaration of failure in management
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 assume the duties of a managing entity for the timeshare plan, if the court finds that:…
94.869 Insurance coverage
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 and shall pay for out of the funds for payment of common expenses, insurance covering …
94.871 When purchase money agreement prohibited; escrow requirements
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 receive escrows under the laws of this state and all of the following are deposited in the…
94.873 Escrow account; closing; release
All funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds thereof received in this state by a developer from or on behalf of a purchaser or prospective purchaser in connection with the purchase or reservation of a timeshare must be placed in an escrow account with an escrow agent authorized under ORS 94.881 or t…
94.876 Requirements for closing escrow
Subject to the requirements of ORS 94.871 and 94.873, an escrow for the sale of a timeshare estate may close only if one of the following alternatives for protecting the purchaser is satisfied: The timeshare estate is conveyed to the purchaser free and clear of any blanket encumbrance; The timeshare property in which the timeshare estate is granted is conv…
94.878 Duties of escrow agent
An escrow agent holding funds under ORS 94.873: May invest the escrowed funds in securities of the federal government or any agency thereof or in savings or time deposits in institutions insured by an agency of the federal government according to the terms of the agreement between the escrow agent and the developer. Shall maintain separate books and record…
94.881 Who may serve as escrow agent
Funds placed into escrow under ORS 94.873 shall be placed into an escrow account established solely for that purpose with one of the following acting as an escrow agent: An attorney who is a licensee of the Oregon State Bar; An insured institution, as defined in ORS 706.008, that is authorized to accept deposits in this state; A trust company, as defined …
94.885 Rights of lienholder
When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors and anyone who acquires the property through foreclosure, by deed, assignment or transfer in lieu of foreclosure, shall take the property subject to the rights of the owners under the timeshare plan. When a notice of timeshare plan is recorded, a…
94.890 Lien payment trust; payments; delinquencies
A lien payment trust may be established with a trust company as defined in ORS 706.008 that is authorized to transact trust business in this state, for the conveyance of timeshare property to the trustee under ORS 94.876 if the trust instrument provides for at least the following: Title to the timeshare property must be transferred to the trustee before the…
94.895 Trust irrevocable without alternative arrangement
Except as provided in subsection (2) of this section: If a trust is established for timeshare property subject to timeshare licenses, the trust for the timeshare property shall be irrevocable during the time that any purchaser of a timeshare license has a right to the use of the timeshare property. If a trust is established for timeshare property subject t…
94.900 Alternative to lien payment trust
If it is impossible or impractical for a developer to satisfy any of the requirements of ORS 94.890 because of factors over which the developer has little or no control, the Real Estate Commissioner may accept arrangements other than those prescribed by ORS 94.890 which in the commissioner’s judgment will give rights and remedies affording equivalent benefit…
94.905 Surety bond
Any surety bond furnished to the Real Estate Commissioner under ORS 94.890 must be in an amount which is not less than 110 percent of the remaining principal balance of every indebtedness secured by a blanket encumbrance affecting the timeshare property. The surety bond must be issued by a surety authorized to do business in Oregon and having sufficient net …
94.915 Inspection of records; rules; uniform standards
Records of the sale of timeshares in a timeshare plan shall be subject to inspection by the Real Estate Commissioner. The Real Estate Agency shall adopt rules necessary to carry out ORS 94.803 and 94.807 to 94.945. The agency may cooperate with agencies performing similar functions in other jurisdictions to develop uniform filing procedures, forms, disclos…
94.920 Consent to service by out-of-state developer
Every nonresident developer, at the time of filing the notice required by ORS 94.823, also shall file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation of ORS 94.803 and 94.807 to 94.945, personal service of summons or process cannot be …
94.925 Civil penalty
In addition to any other penalty provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 94.803 and 94.807 to 94.945. No civil penalty shall exceed $1,000 per violation. Civil penalties under this section shall be imposed as provided in ORS 183.745.
94.930 Commissioner order; injunctive relief
If the Real Estate Commissioner finds that an owner, developer or other person is violating any of the provisions of ORS 94.803 and 94.807 to 94.945, the commissioner may order the person to desist and refrain from violating the provisions or requirements, or from the further sale of interests in the timeshare plan. If the commissioner finds that a develope…
94.940 False practices prohibited
No person shall, in connection with an offering, sale or lease of an interest in a timeshare plan: Employ any device, scheme or artifice to defraud; Make any untrue statement of a material fact; Fail to state a material fact necessary to make a statement clear; Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document,…
94.945 Advertising regulation
It shall be unlawful for any developer or the agent or employee of a developer with intent to sell or lease a timeshare in a timeshare plan, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning a timeshare plan, that contains any false or misleading statement, pictor…
94.953 Definitions for ORS 94.953 to 94.989
As used in ORS 94.953 to 94.989: “Blanket encumbrance” means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance which secures or evidences the obligation to pay money or to sell or convey on any campgrounds offered for sale, made available to purch…
94.956 Registration required to sell membership camping contract
Except as provided in ORS 94.959, and except for transactions pursuant to ORS 94.962, no person shall offer to sell or sell a membership camping contract in this state unless the membership camping contract is registered under ORS 94.953 to 94.989.
94.959 Application for registration
A membership camping operator wishing to offer to sell or sell a membership camping contract in this state shall register the contract with the Real Estate Commissioner. The application for registration shall include all of the following if it is applicable to the membership camping operator: Written disclosures, in any format the commissioner is satisfied …
94.962 Exemptions from registration
The following transactions are exempt from registration: An offer, sale or transfer by any one person of not more than one membership camping contract for any membership camping operator in any 12-month period, unless the person receives a commission or similar payment for the sale or transfer. An offer or sale by a government, government agency or other s…
94.965 Effective date of registration
The application for registration shall automatically become effective upon the expiration of 45 calendar days following filing of a completed application with the Real Estate Commissioner unless: The application for registration is denied under ORS 94.968; The commissioner grants the registration effective as of an earlier date; or The applicant consents …
94.968 Denial, suspension and revocation of registration; other sanctions
The Real Estate Commissioner may order that a registration of an offer or sale of membership camping contracts be denied, suspended or revoked if the commissioner makes findings pursuant to ORS 183.430 that any of the following is true: The membership camping operator has failed to comply with any provisions of ORS 94.953 to 94.989 which materially affect t…
94.971 Fee for registration or amendment of an offer or sale of membership camping contract
The fee for registration or amendment of an offer or sale of a membership camping contract shall be an amount sufficient to recover any administrative expenses in staff review and action upon the registration or amendment. The fee is subject to the review of the Oregon Department of Administrative Services. The Real Estate Commissioner shall set an estimated…
94.974 Written disclosures required; procedures; inspection of records
Except in a transaction exempt under ORS 94.962, any person who sells a membership camping contract shall provide the prospective purchaser with those written disclosures required under ORS 94.959. Disclosures shall be substantially accurate and complete and made to a prospective purchaser before the prospective purchaser signs a membership camping contract …
94.975 False practices prohibited
No person shall, in connection with an offering or sale of a membership camping contract: Employ any device, scheme or artifice to defraud; Make any untrue statement of a material fact; Fail to state a material fact necessary to make a statement clear; Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet…
94.976 Advertising regulation
It shall be unlawful for any membership camping operator or the agent or employee of any membership camping operator with intent to sell a membership camping contract, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning a membership camping contract, that contains a…
94.977 Registration as salesperson or broker
Unless the transaction is exempt under ORS 94.962, it is unlawful for any person to act as a salesperson or membership camping contract broker in this state without first registering as a salesperson or membership camping contract broker as provided in ORS 94.980. Individuals licensed as real estate brokers or principal real estate brokers under ORS chapter …
94.980 Application for registration; fee
A salesperson or membership camping contract broker may apply for registration by filing with the Real Estate Commissioner an application which includes the following information: A statement whether or not the applicant has been convicted of any misdemeanor or felony involving theft, fraud or dishonesty or whether or not the applicant has been enjoined fro…
94.983 Cancellation of contract by purchaser; notice of right to cancel
Any membership camping contract may be canceled at the option of the purchaser, if: The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the membership camping operator; and The notice is posted not later than midnight of the third business day following the day on which the membership camping contract is signed. …
94.986 Requirements for sale of membership camping contract; nondisturbance agreements
With respect to any campground offered for sale in this state and acquired and put into operation by a membership camping operator after September 1, 1985, the membership camping operator shall not sell membership camping contracts in this state granting the right to use such campground until one of the following requirements has been satisfied: Each person…
94.987 Judicial declaration of failure in management
Upon petition by the Real Estate Commissioner or a majority of active purchasers not then in default under their membership camping contracts, a court of competent jurisdiction may declare a failure of management of the membership camping operator and appoint a trustee to assume the membership camping operator’s duties under the membership camping contracts,…
94.989 Interpretation of membership camping contracts; application of Unlawful Trade Practices Act
Membership camping contracts, campgrounds and facilities are not subdivisions or series partitions under ORS chapter 92, are not condominiums under ORS chapter 100, are not timeshare properties under ORS chapter 94, and are not securities under ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995. Membership camping contracts covered by ORS 94.925 to 9…
94.990 [Repealed by 1971 c.478 §1]repealed
No operative statutory text appears at this designation in the selected edition.
94.991 [Formerly 91.990; 1987 c.320 §15; renumbered 100.990 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.