2021 Oregon Revised Statutes
Chapter 094 - Real Property Development
Section 94.576 - Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783.


(b) If the owners in a Class I or Class II planned community elect to be subject to additional provisions of ORS 94.550 to 94.783, the board of directors of the association shall cause a notice of planned community to be prepared, executed and recorded in accordance with subsection (3) of this section. This paragraph does not apply if a statement of the election was included in the notice of planned community required or permitted under ORS 94.574.
(2)(a) The owners in a Class III planned community created before January 1, 2002, may elect to be subject to provisions of ORS 94.550 to 94.783 upon compliance with the applicable procedures in ORS 94.572, 94.573 or 94.574.
(b) If the owners in a Class III planned community elect to be subject to provisions of ORS 94.550 to 94.783, the board of directors of the association shall cause a notice of planned community to be prepared, executed and recorded in accordance with subsection (3) of this section.
(3)(a) The notice of planned community required or permitted by ORS 94.574 must be:
(A) Titled "Notice of Planned Community under ORS 94.574";
(B) Executed by the president and secretary of the association; and
(C) Recorded in the office of the recording officer of every county in which the property is located.
(b) The notice of planned community shall include:
(A) The name of the planned community and association as identified in the recorded declaration and any covenants, conditions and restrictions or other governing document, and, if different, the current name of the association;
(B) A list of the properties, described as required for recordation in ORS 93.600, within the jurisdiction of the association;
(C) Information identifying the recorded declaration and any covenants, conditions and restrictions or other governing documents, and a reference to the recording index numbers and date of recording of the governing documents;
(D) A statement that the property described in accordance with subparagraph (B) of this paragraph is subject to specific provisions of the Oregon Planned Community Act;
(E) A reference to the specific provisions of the Oregon Planned Community Act that apply to the subject property and a reference to the subsection of this section under which the application is made; and
(F) If an association is formed under ORS 94.574, a statement to that effect.
(4) The board of directors of an association not otherwise required to cause a notice of planned community to be prepared and recorded under ORS 94.574 may cause a notice of planned community to be prepared, executed and recorded as provided in subsection (3) of this section. [2017 c.423 §12]

Structure 2021 Oregon Revised Statutes

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 94.528 - Recording.

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 94.565 - Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded.

Section 94.570 - Applicability of ORS 94.550 to 94.783.

Section 94.572 - Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities.

Section 94.573 - Class I or Class II planned community option to amend governing documents to conform to statute.

Section 94.574 - Procedure for formation of homeowners association by Class I or Class II planned community.

Section 94.576 - Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783.

Section 94.577 - Recording amended governing documents; marketability of title unaffected by noncompliance.

Section 94.580 - Declaration; recordation; contents.

Section 94.590 - Amendment of declaration by owners.

Section 94.595 - Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan.

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 94.625 - Formation of homeowners association; adoption of initial bylaws; amendment of bylaws.

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 94.642 - Receivership for failure of homeowners association to fill vacancies on board of directors.

Section 94.644 - Meetings of board of directors; notice; executive sessions.

Section 94.645 - Adoption of annual budget.

Section 94.647 - Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions.

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 94.662 - Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.

Section 94.665 - Authority of association to sell, transfer, convey or encumber common property.

Section 94.667 - Recording association information with county clerk.

Section 94.670 - 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.

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 94.700 - Duration and termination of initial management agreements and service and employment contracts; exceptions.

Section 94.704 - Assessment and payment of common expenses.

Section 94.709 - Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure.

Section 94.712 - Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations.

Section 94.728 - Taxation of lots and common property.

Section 94.733 - Easements held by owner of lot and by declarant; homeowners association access to lots.

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 94.770 - 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.

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 94.779 - Unenforceability of certain irrigation requirements and restrictions on family child care.

Section 94.780 - Remedies.

Section 94.803 - Definitions for ORS 94.803 and 94.807 to 94.945.

Section 94.806 - Legislative finding.

Section 94.807 - Application.

Section 94.808 - Managing entity as taxpayer.

Section 94.809 - Valuation of timeshare property; exclusions from value.

Section 94.811 - When owners of planned community, condominium or subdivision may prohibit timeshare plan.

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 94.856 - Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception.

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 94.971 - Fee for registration or amendment of an offer or sale of membership camping contract.

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.

Section 94.989 - Interpretation of membership camping contracts; application of Unlawful Trade Practices Act.