(1) In the State of Oregon there are hundreds of homeowners associations to which the Oregon Condominium Law (ORS chapter 100) does not apply.
(2) These homeowners associations have established a pattern of ownership in which ownership of a single unit makes the owner automatically a member of a homeowners association with responsibilities for management and maintenance.
(3) Many of these homeowners associations as associations and their members as individuals have experienced problems from the lack of statutory provisions. These problems which have arisen are usually the result of inexperience with this kind of ownership. This inexperience often leads to difficulties for the association when it assumes responsibility for the administration of the planned development because usually neither the developer who drafted the documents nor the local jurisdiction which may have reviewed them has realized the long term management implications of the restrictions imposed by the documents. The most serious and frequent error is imposing excessive voting requirements for any changes in the documents, a basic error that makes it and other errors unnecessarily difficult, if not impossible, to correct. Of almost equal importance is the lack of disclosure of significant differences this pattern of ownership imposes on the homeowner and the restrictions on choice that must be accepted.
(4) Oregon land conservation policies and the increasing cost of land will result in rapid growth of this kind of homeownership pattern.
(5) It is a matter of statewide concern that the Legislative Assembly address problems associated with homeowners associations in order to make this kind of homeownership pattern an acceptable choice and in order to assure proper maintenance of the projects so that the investment of the owners and the appearance of Oregon communities are protected.
(6) It is essential that the Legislative Assembly establish basic statutory requirements for disclosure to first and subsequent buyers, for the organization of the homeowners association, and for a process by which administrative responsibility for the planned community is transferred from the developer to the association of individual owners.
(7) ORS 94.550 to 94.783 are intended to make developers, their legal counsel and homeowners in Oregon homeowners associations the beneficiaries of experience accumulated under Oregon’s condominium law and gathered from members of existing Oregon homeowners associations and associations in parts of the country where the record of experience is longer than that in Oregon. [1981 c.782 §3a]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 094 - Real Property Development
Section 94.504 - Development agreements; contents; duration; effect on affordable housing covenants.
Section 94.508 - Approval by governing body; findings; adoption.
Section 94.513 - Procedures on consideration and approval.
Section 94.518 - Application of local government law and policies to agreement.
Section 94.522 - Amendment or cancellation of agreement; enforceability.
Section 94.531 - Severable development interest in real property; transferable development credit.
Section 94.534 - Policy on transferable development credit systems.
Section 94.536 - Definitions for ORS 94.536 and 94.538.
Section 94.538 - Transferable development credit systems.
Section 94.550 - Definitions for ORS 94.550 to 94.783.
Section 94.560 - Legislative findings.
Section 94.570 - Applicability of ORS 94.550 to 94.783.
Section 94.580 - Declaration; recordation; contents.
Section 94.590 - Amendment of declaration by owners.
Section 94.600 - Declarant control of association.
Section 94.604 - Transitional advisory committee.
Section 94.609 - Notice of meeting to turn over administrative responsibility.
Section 94.616 - Turnover meeting; transfer of administration; receivership.
Section 94.622 - Obligations and liabilities arising from transfer of special declarant rights.
Section 94.623 - Acquisition of special declarant rights by successor declarant; exceptions.
Section 94.626 - Corporate dissolution of association.
Section 94.630 - Powers of association.
Section 94.635 - Association bylaws.
Section 94.639 - Criteria for board of directors membership.
Section 94.640 - Association board of directors; powers and duties; removal of director.
Section 94.641 - Assent of director to board action.
Section 94.644 - Meetings of board of directors; notice; executive sessions.
Section 94.645 - Adoption of annual budget.
Section 94.650 - Meetings of lot owners; notice.
Section 94.652 - Electronic notice to owner or director.
Section 94.655 - Quorum for association meetings.
Section 94.657 - Rules of order.
Section 94.658 - Voting or granting consent.
Section 94.660 - Method of voting or consenting.
Section 94.661 - Electronic ballot.
Section 94.665 - Authority of association to sell, transfer, convey or encumber common property.
Section 94.667 - Recording association information with county clerk.
Section 94.671 - Application of ORS 94.670 (5).
Section 94.673 - When compliance with specified provisions of ORS 94.640 and 94.670 required.
Section 94.675 - Insurance for common property; fidelity bond coverage.
Section 94.676 - Insurance deductible for certain planned communities.
Section 94.680 - Blanket all-risk insurance.
Section 94.685 - Specification of insurance for individual lots.
Section 94.704 - Assessment and payment of common expenses.
Section 94.728 - Taxation of lots and common property.
Section 94.761 - Legislative findings regarding electric vehicle charging stations.
Section 94.762 - Electric vehicle charging stations.
Section 94.763 - Association use of pesticides on lots; notice to owners; owner opt out.
Section 94.764 - Changes or actions that require approval or consent of mortgagee.
Section 94.775 - Judicial partition of lots.
Section 94.776 - Development and division of lots; allocations for newly created lots.
Section 94.778 - Prohibition against installation of solar panels void and unenforceable.
Section 94.803 - Definitions for ORS 94.803 and 94.807 to 94.945.
Section 94.806 - Legislative finding.
Section 94.808 - Managing entity as taxpayer.
Section 94.809 - Valuation of timeshare property; exclusions from value.
Section 94.813 - Character of timeshare estates.
Section 94.816 - Partition prohibited; exception.
Section 94.818 - Recording of timeshare instrument; payments required.
Section 94.821 - Content of timeshare instrument.
Section 94.823 - Notice of intent to sell timeshares; form and content; rules.
Section 94.826 - Information on exchange program; content; rules.
Section 94.828 - Public report on plan.
Section 94.829 - Sale not allowed before issuance of public report; distribution and uses of report.
Section 94.831 - Filing fees; inspection advance payment; disposition of moneys.
Section 94.833 - Sale of timeshare plan located out-of-state.
Section 94.836 - Cancellation of purchase within five days.
Section 94.839 - Notice of cancellation right.
Section 94.843 - Limits on developer right to transfer.
Section 94.846 - Designation of managing entity; duties and powers of entity.
Section 94.848 - How managing entity of developer terminated.
Section 94.853 - Payment of common expenses.
Section 94.858 - Owners’ association; powers and duties.
Section 94.863 - Developer’s duty to managing entity.
Section 94.867 - Judicial declaration of failure in management.
Section 94.869 - Insurance coverage.
Section 94.871 - When purchase money agreement prohibited; escrow requirements.
Section 94.873 - Escrow account; closing; release.
Section 94.876 - Requirements for closing escrow.
Section 94.878 - Duties of escrow agent.
Section 94.881 - Who may serve as escrow agent.
Section 94.885 - Rights of lienholder.
Section 94.890 - Lien payment trust; payments; delinquencies.
Section 94.895 - Trust irrevocable without alternative arrangement.
Section 94.900 - Alternative to lien payment trust.
Section 94.915 - Inspection of records; rules; uniform standards.
Section 94.920 - Consent to service by out-of-state developer.
Section 94.925 - Civil penalty.
Section 94.930 - Commissioner order; injunctive relief.
Section 94.940 - False practices prohibited.
Section 94.953 - Definitions for ORS 94.953 to 94.989.
Section 94.959 - Application for registration.
Section 94.962 - Exemptions from registration.
Section 94.965 - Effective date of registration.
Section 94.968 - Denial, suspension and revocation of registration; other sanctions.
Section 94.974 - Written disclosures required; procedures; inspection of records.
Section 94.975 - False practices prohibited.
Section 94.976 - Advertising regulation.
Section 94.977 - Registration as salesperson or broker.
Section 94.980 - Application for registration; fee.
Section 94.983 - Cancellation of contract by purchaser; notice of right to cancel.
Section 94.986 - Requirements for sale of membership camping contract; nondisturbance agreements.
Section 94.987 - Judicial declaration of failure in management.