Oregon Law
Law as of Jan 1, 2024
Chapter contents
94.004[Formerly 91.500; 1983 c.530 §48; 1987 c.459 §1; 1989 c.595 §1; renumbered 100.005 in 1989] 94.005[Repealed by 1971 c.478 §1] 94.010[Repealed by 1971 c.478 §1] 94.011[Formerly 91.503; renumbered 100.010 in 1989] 94.013[1987 c.459 §6; 1989 c.595 §2; renumbered 100.020 in 1989] 94.015[Repealed by 1971 c.478 §1] 94.016[1987 c.459 §39; renumbered 100.025 in 1989] 94.017[Formerly 91.504; 1987 c.459 §37; 1989 c.595 §3; renumbered 100.185 in 1989] 94.020[Repealed by 1971 c.478 §1] 94.021[1987 c.459 §3; 1989 c.595 §4; renumbered 100.150 in 1989] 94.022[1987 c.459 §4; 1989 c.595 §5; renumbered 100.155 in 1989] 94.023[Formerly 91.506; 1987 c.459 §7; 1989 c.595 §6; renumbered 100.100 in 1989] 94.025[Repealed by 1971 c.478 §1] 94.029[Formerly 91.509; 1983 c.530 §49; 1983 c.615 §1; 1987 c.459 §8; 1989 c.595 §7; renumbered 100.105 in 1989] 94.030[Repealed by 1971 c.478 §1] 94.035[Repealed by 1971 c.478 §1] 94.036[Formerly 91.512; 1983 c.615 §2; 1983 c.740 §7a; 1987 c.459 §9; renumbered 100.110 in 1989] 94.040[Repealed by 1971 c.478 §1] 94.042[Formerly 91.515; 1983 c.309 §8; 1985 c.582 §2; 1987 c.459 §10; 1989 c.595 §8; renumbered 100.115 in 1989] 94.045[Repealed by 1971 c.478 §1] 94.047[Formerly 91.518; 1983 c.309 §8a; 1987 c.459 §11; 1989 c.595 §9; renumbered 100.120 in 1989] 94.048[1987 c.459 §3a; renumbered 100.125 in 1989] 94.050[Repealed by 1971 c.478 §1] 94.053[Formerly 91.519; 1983 c.309 §8b; renumbered 100.130 in 1989] 94.055[Repealed by 1971 c.478 §1] 94.059[Formerly 91.521; 1983 c.615 §3; 1987 c.459 §12; renumbered 100.135 in 1989] 94.060[Repealed by 1971 c.478 §1] 94.065[Repealed by 1971 c.478 §1] 94.066[1981 c.647 §30; renumbered 100.170 in 1989] 94.070[Repealed by 1971 c.478 §1] 94.072[1981 c.647 §33; renumbered 100.175 in 1989] 94.075[Repealed by 1971 c.478 §1] 94.078[1981 c.647 §25; 1983 c.206 §1; 1983 c.530 §50; 1987 c.459 §13; 1989 c.595 §10; renumbered 100.200 in 1989] 94.080[Repealed by 1971 c.478 §1] 94.084[1981 c.647 §26; 1987 c.459 §14; renumbered 100.205 in 1989] 94.085[Repealed by 1971 c.478 §1] 94.090[Repealed by 1971 c.478 §1] 94.091[1981 c.647 §27; 1983 c.206 §2; 1987 c.459 §15; renumbered 100.210 in 1989] 94.095[Repealed by 1971 c.478 §1] 94.097[1981 c.647 §29; 1989 c.595 §11; renumbered 100.220 in 1989] 94.100[Repealed by 1971 c.478 §1] 94.103[1981 c.647 §28; 1989 c.595 §12; renumbered 100.225 in 1989] 94.105[Repealed by 1971 c.478 §1] 94.109[Formerly 91.523; renumbered 100.300 in 1989] 94.110[Repealed by 1971 c.478 §1] 94.115[Repealed by 1971 c.478 §1] 94.116[Formerly 91.524; renumbered 100.305 in 1989] 94.120[Repealed by 1971 c.478 §1] 94.122[Formerly 91.526; 1989 c.595 §13; renumbered 100.310 in 1989] 94.125[Repealed by 1971 c.478 §1] 94.128[1981 c.886 §5; 1989 c.595 §14; renumbered 100.315 in 1989] 94.130[Repealed by 1971 c.478 §1] 94.134[1981 c.886 §6; 1989 c.595 §15; renumbered 100.320 in 1989] 94.135[Repealed by 1971 c.478 §1] 94.140[Repealed by 1971 c.478 §1] 94.145[Repealed by 1971 c.478 §1] 94.146[Formerly 91.527; 1989 c.595 §16; renumbered 100.405 in 1989] 94.150[Repealed by 1971 c.478 §1] 94.152[Formerly 91.531; 1983 c.615 §4; 1987 c.459 §16; 1989 c.595 §48; renumbered 100.410 in 1989] 94.155[Repealed by 1971 c.478 §1] 94.158[Formerly 91.533; 1987 c.459 §17; 1989 c.595 §17; renumbered 100.415 in 1989] 94.160[Repealed by 1971 c.478 §1] 94.164[Formerly 91.534; renumbered 100.420 in 1989] 94.165[Repealed by 1971 c.478 §1] 94.170[Repealed by 1971 c.478 §1] 94.171[Formerly 91.536; 1987 c.459 §18; renumbered 100.430 in 1989] 94.175[Repealed by 1971 c.478 §1] 94.177[1981 c.647 §32; renumbered 100.435 in 1989] 94.180[Repealed by 1971 c.478 §1] 94.185[Formerly 91.539; 1989 c.595 §18; renumbered 100.440 in 1989] 94.190[Formerly 91.542; renumbered 100.445 in 1989] 94.195[Formerly 91.546; 1983 c.530 §51; 1989 c.595 §19; renumbered 100.450 in 1989] 94.202[Formerly 91.548; 1989 c.595 §20; renumbered 100.460 in 1989] 94.205[Repealed by 1971 c.478 §1] 94.208[Formerly 91.551; 1989 c.595 §21; renumbered 100.475 in 1989] 94.210[Repealed by 1971 c.478 §1] 94.214[Formerly 91.554; renumbered 100.480 in 1989] 94.215[Repealed by 1971 c.478 §1] 94.220[Repealed by 1971 c.478 §1] 94.221[Formerly 91.557; renumbered 100.485 in 1989] 94.225[Repealed by 1971 c.478 §1] 94.230[Repealed by 1971 c.478 §1] 94.231[Formerly 91.561; renumbered 100.505 in 1989] 94.235[Repealed by 1971 c.478 §1] 94.237[Formerly 91.562; renumbered 100.510 in 1989] 94.240[Repealed by 1971 c.478 §1] 94.243[Formerly 91.563; 1983 c.309 §8c; 1983 c.615 §5; renumbered 100.515 in 1989] 94.245[Repealed by 1971 c.478 §1] 94.250[1981 c.647 §31; 1983 c.309 §8d; renumbered 100.520 in 1989] 94.255[Formerly 91.564; renumbered 100.525 in 1989] 94.260[Formerly 91.566; 1987 c.459 §19; 1989 c.595 §22; renumbered 100.530 in 1989] 94.265[Formerly 91.569; renumbered 100.535 in 1989] 94.270[Formerly 91.572; renumbered 100.540 in 1989] 94.275[Formerly 91.576; renumbered 100.545 in 1989] 94.280[Formerly 91.578; 1983 c.615 §6; 1989 c.595 §23; renumbered 100.550 in 1989] 94.285[Formerly 91.581; renumbered 100.555 in 1989] 94.295[Formerly 91.584; 1989 c.595 §24; renumbered 100.600 in 1989] 94.300[Formerly 91.587; 1989 c.595 §25; renumbered 100.605 in 1989] 94.305[Repealed by 1971 c.478 §1] 94.306[Formerly 91.591; 1989 c.595 §26; renumbered 100.610 in 1989] 94.310[Repealed by 1971 c.478 §1] 94.312[Formerly 91.593; 1989 c.595 §27; renumbered 100.615 in 1989] 94.315[Repealed by 1971 c.478 §1] 94.318[Formerly 91.596; 1989 c.595 §28; renumbered 100.620 in 1989] 94.320[Repealed by 1971 c.478 §1] 94.322[1983 c.615 §8; renumbered 100.625 in 1989] 94.324[Formerly 91.599; 1985 c.760 §1; repealed by 1987 c.459 §41] 94.325[Repealed by 1971 c.478 §1] 94.330[Amended by 1969 c.591 §278; repealed by 1971 c.478 §1] 94.331[Formerly 91.602; 1987 c.459 §20; 1989 c.595 §29; renumbered 100.635 in 1989] 94.333[1987 c.459 §22; renumbered 100.015 in 1989] 94.335[Repealed by 1971 c.478 §1] 94.336[Formerly 91.606; repealed by 1987 c.459 §41] 94.340[Repealed by 1971 c.478 §1] 94.342[Formerly 91.608; 1987 c.459 §29; renumbered 100.645 in 1989] 94.345[Repealed by 1971 c.478 §1] 94.348[Formerly 91.611; 1987 c.459 §30; renumbered 100.650 in 1989] 94.350[Repealed by 1971 c.478 §1] 94.351[1987 c.459 §24; 1989 c.595 §30; renumbered 100.655 in 1989] 94.353[1987 c.459 §25; renumbered 100.640 in 1989] 94.354[1987 c.459 §23; renumbered 100.670 in 1989] 94.355[Repealed by 1971 c.478 §1] 94.356[1987 c.459 §26; renumbered 100.660 in 1989] 94.357[1987 c.459 §27; renumbered 100.675 in 1989] 94.358[1987 c.459 §28; renumbered 100.680 in 1989] 94.359[Formerly 91.614; 1987 c.459 §31; renumbered 100.700 in 1989] 94.360[Repealed by 1971 c.478 §1] 94.365[Repealed by 1971 c.478 §1] 94.366[Formerly 91.617; repealed by 1987 c.459 §41] 94.370[Repealed by 1971 c.478 §1] 94.372[Formerly 91.621; repealed by 1987 c.459 §41] 94.375[Repealed by 1971 c.478 §1] 94.378[Formerly 91.623; repealed by 1987 c.459 §41] 94.380[Repealed by 1971 c.478 §1] 94.384[Formerly 91.626; 1987 c.459 §32; 1989 c.171 §12; 1989 c.595 §31; renumbered 100.705 in 1989] 94.385[Repealed by 1971 c.478 §1] 94.390[Repealed by 1971 c.478 §1] 94.391[Formerly 91.629; 1987 c.459 §35; renumbered 100.710 in 1989] 94.395[Repealed by 1971 c.478 §1] 94.400[Formerly 91.631; renumbered 100.720 in 1989] 94.405[Repealed by 1971 c.478 §1] 94.406[Formerly 91.634; renumbered 100.725 in 1989] 94.410[Repealed by 1971 c.478 §1] 94.412[Formerly 91.637; 1989 c.595 §47; renumbered 100.730 in 1989] 94.415[Repealed by 1971 c.478 §1] 94.418[1981 c.647 §24; renumbered 100.735 in 1989] 94.420[Repealed by 1971 c.478 §1] 94.424[Formerly 91.641; 1989 c.595 §32; renumbered 100.740 in 1989] 94.425[Repealed by 1971 c.478 §1] 94.430[Repealed by 1971 c.478 §1] 94.431[Formerly 91.646; 1987 c.459 §36; renumbered 100.745 in 1989] 94.435[Repealed by 1971 c.478 §1] 94.437[Formerly 91.649; renumbered 100.750 in 1989] 94.440[Repealed by 1971 c.478 §1] 94.445[Repealed by 1971 c.478 §1] 94.448[Formerly 91.652; renumbered 100.770 in 1989] 94.454[Formerly 91.656; renumbered 100.775 in 1989] 94.460[Formerly 91.658; renumbered 100.780 in 1989] 94.465[Formerly 91.661; 1989 c.595 §33; renumbered 100.785 in 1989] 94.470[Formerly 91.664; 1983 c.696 §7b; 1989 c.706 §7; renumbered 100.900 in 1989] 94.475[Formerly 91.667; renumbered 100.905 in 1989] 94.480[Formerly 91.671; renumbered 100.910 in 1989] 94.504Development agreements; contents; duration; effect on affordable housing covenants 94.505[Repealed by 1971 c.478 §1] 94.508Approval by governing body; findings; adoption 94.510[Repealed by 1971 c.478 §1] 94.513Procedures on consideration and approval 94.515[Repealed by 1971 c.478 §1] 94.518Application of local government law and policies to agreement 94.520[Repealed by 1971 c.478 §1] 94.522Amendment or cancellation of agreement; enforceability 94.525[Repealed by 1971 c.478 §1] 94.528Recording 94.530[Repealed by 1971 c.478 §1] 94.531Severable development interest in real property; transferable development credit 94.534Policy on transferable development credit systems 94.536Definitions for ORS 94.536 and 94.538 94.538Transferable development credit systems 94.540[Repealed by 1971 c.478 §1] 94.550Definitions for ORS 94.550 to 94.783 94.560Legislative findings 94.565Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded 94.570Applicability of ORS 94.550 to 94.783 94.572Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities 94.573Class I or Class II planned community option to amend governing documents to conform to statute 94.574Procedure for formation of homeowners association by Class I or Class II planned community 94.575Applicability of subdivision law 94.576Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783 94.577Recording amended governing documents; marketability of title unaffected by noncompliance 94.580Declaration; recordation; contents 94.585Authority to amend declaration and initial bylaws to comply with federal or state laws 94.590Amendment of declaration by owners 94.595Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan 94.600Declarant control of association 94.604Transitional advisory committee 94.605[Amended by 1965 c.619 §31; repealed by 1971 c.478 §1] 94.609Notice of meeting to turn over administrative responsibility 94.610[Amended by 1965 c.619 §32; repealed by 1971 c.478 §1] 94.615[Repealed by 1971 c.478 §1] 94.616Turnover meeting; transfer of administration; receivership 94.620[Repealed by 1971 c.478 §1] 94.621Rights of declarant following turnover meeting 94.622Obligations and liabilities arising from transfer of special declarant rights 94.623Acquisition of special declarant rights by successor declarant; exceptions 94.625Formation of homeowners association; adoption of initial bylaws; amendment of bylaws 94.626Corporate dissolution of association 94.630Powers of association 94.635Association bylaws 94.639Criteria for board of directors membership 94.640Association board of directors; powers and duties; removal of director 94.641Assent of director to board action 94.642Receivership for failure of homeowners association to fill vacancies on board of directors 94.644Meetings of board of directors; notice; executive sessions 94.645Adoption of annual budget 94.647Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions 94.650Meetings of lot owners; notice 94.652Electronic notice to owner or director 94.655Quorum for association meetings 94.657Rules of order 94.658Voting or granting consent 94.660Method of voting or consenting 94.661Electronic ballot 94.662Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out 94.665Authority of association to sell, transfer, convey or encumber common property 94.667Recording association information with county clerk 94.670Association 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 94.671Application of ORS 94.670 (5) 94.673When compliance with specified provisions of ORS 94.640 and 94.670 required 94.675Insurance for common property; fidelity bond coverage 94.676Insurance deductible for certain planned communities 94.677Election to have ORS 94.645, 94.655 and 94.675 apply 94.680Blanket all-risk insurance 94.685Specification of insurance for individual lots 94.690Terms of insurance under ORS 94.680 94.695Authority to delegate association powers to master association 94.700Duration and termination of initial management agreements and service and employment contracts; exceptions 94.704Assessment and payment of common expenses 94.705[Repealed by 1971 c.478 §1] 94.709Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure 94.710[Repealed by 1971 c.478 §1] 94.712Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations 94.715[Repealed by 1971 c.478 §1] 94.716Lien against two or more lots; release 94.719Lien foreclosure; other legal action by declarant, association or owner; attorney fees 94.720[Repealed by 1971 c.478 §1] 94.723Common expenses; liability of first mortgagee 94.725[Repealed by 1971 c.478 §1] 94.728Taxation of lots and common property 94.730[Repealed by 1971 c.478 §1] 94.733Easements held by owner of lot and by declarant; homeowners association access to lots 94.740[1981 c.782 §74; repealed by 1999 c.677 §72] 94.745[1981 c.782 §78; repealed by 1999 c.677 §72] 94.750[1981 c.782 §76; 1983 c.740 §8; repealed by 1999 c.677 §72] 94.755[1981 c.782 §82; repealed by 1999 c.677 §72] 94.760Promotional material showing possible improvements 94.761Legislative findings regarding electric vehicle charging stations 94.762Electric vehicle charging stations 94.763Association use of pesticides on lots; notice to owners; owner opt out 94.764Changes or actions that require approval or consent of mortgagee 94.765[1981 c.782 §81; repealed by 1999 c.677 §72] 94.770Application 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 94.775Judicial partition of lots 94.776Development and division of lots; allocations for newly created lots 94.777Compliance with bylaws and other restrictions required; effect of noncompliance 94.778Prohibition against installation of solar panels void and unenforceable 94.779Unenforceability of certain requirements and restrictions 94.780Remedies; attorney fees; statute of limitations 94.783When certain administrative provisions apply 94.785Short title 94.803Definitions for ORS 94.803 and 94.807 to 94.945 94.805[Repealed by 1971 c.478 §1] 94.806Legislative finding 94.807Application 94.808Managing entity as taxpayer 94.809Valuation of timeshare property; exclusions from value 94.810[Repealed by 1971 c.478 §1] 94.811When owners of planned community, condominium or subdivision may prohibit timeshare plan 94.813Character of timeshare estates 94.815[Repealed by 1971 c.478 §1] 94.816Partition prohibited; exception 94.818Recording of timeshare instrument; payments required 94.820[Repealed by 1971 c.478 §1] 94.821Content of timeshare instrument 94.823Notice of intent to sell timeshares; form and content; rules 94.825[Repealed by 1971 c.478 §1] 94.826Information on exchange program; content; rules 94.828Public report on plan 94.829Sale not allowed before issuance of public report; distribution and uses of report 94.830[Repealed by 1971 c.478 §1] 94.831Filing fees; inspection advance payment; disposition of moneys 94.833Sale of timeshare plan located out-of-state 94.835[Repealed by 1971 c.478 §1] 94.836Cancellation of purchase within five days 94.839Notice of cancellation right 94.840[Repealed by 1971 c.478 §1] 94.841Waiver of rights void 94.843Limits on developer right to transfer 94.845[Repealed by 1971 c.478 §1] 94.846Designation of managing entity; duties and powers of entity 94.848How managing entity of developer terminated 94.850[Repealed by 1971 c.478 §1] 94.853Payment of common expenses 94.855[Repealed by 1971 c.478 §1] 94.856Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception 94.858Owners’ association; powers and duties 94.863Developer’s duty to managing entity 94.867Judicial declaration of failure in management 94.869Insurance coverage 94.871When purchase money agreement prohibited; escrow requirements 94.873Escrow account; closing; release 94.876Requirements for closing escrow 94.878Duties of escrow agent 94.881Who may serve as escrow agent 94.885Rights of lienholder 94.890Lien payment trust; payments; delinquencies 94.895Trust irrevocable without alternative arrangement 94.900Alternative to lien payment trust 94.905Surety bond 94.915Inspection of records; rules; uniform standards 94.920Consent to service by out-of-state developer 94.925Civil penalty 94.930Commissioner order; injunctive relief 94.940False practices prohibited 94.945Advertising regulation 94.953Definitions for ORS 94.953 to 94.989 94.956Registration required to sell membership camping contract 94.959Application for registration 94.962Exemptions from registration 94.965Effective date of registration 94.968Denial, suspension and revocation of registration; other sanctions 94.971Fee for registration or amendment of an offer or sale of membership camping contract 94.974Written disclosures required; procedures; inspection of records 94.975False practices prohibited 94.976Advertising regulation 94.977Registration as salesperson or broker 94.980Application for registration; fee 94.983Cancellation of contract by purchaser; notice of right to cancel 94.986Requirements for sale of membership camping contract; nondisturbance agreements 94.987Judicial declaration of failure in management 94.989Interpretation of membership camping contracts; application of Unlawful Trade Practices Act 94.990[Repealed by 1971 c.478 §1] 94.991[Formerly 91.990; 1987 c.320 §15; renumbered 100.990 in 1989]

Chapter 94 — Real Property Development

ORS 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 owners including the mortgagee or purchaser.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.