ORS § 93.640 — OR Code / Title 10 / Chapter 93 / Section 93.640
93.640 Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser
Status: in_force

(1) Every conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property within this state which is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any portion thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or other agreement or memorandum thereof is first filed for record, and as against the heirs and assigns of such subsequent purchaser. As used in this section, “every conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property” includes mortgages, trust deeds, and assignments for security purposes or assignments solely of proceeds, given by purchasers or sellers under land sale contract. As used in this section, “memorandum” means an instrument that contains the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved, and the nature of the interest created, which is signed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of deeds. A memorandum of an instrument conveying or contracting to convey fee title to any real estate shall state on its face the true and actual consideration paid for such transfer as provided in ORS 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration) .

(2) Every assignment of sheriffs’ certificates of sale of real property on execution or mortgage foreclosure which is not recorded in the records of deeds in the county where the land is situated within five days after its execution is void as against any subsequent purchaser in good faith and for a valuable consideration of such certificate of sale, or the real property covered thereby, or any portion thereof, whose assignment is first recorded. [Amended by 1973 c.696 §19; 1977 c.605 §2; 1987 c.225 §1; 1989 c.516 §1]

Source: Section 93.640 — Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 95.283 — OR Code / Title 10 / Chapter 95 / Section 95.283
95.283 Governing law
Status: in_force

(1) A claim for relief in the nature of a claim for relief under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) is governed by the local law of the jurisdiction in which the debtor is located at the time the transfer is made or the obligation is incurred.

(2) For purposes of this section, a debtor’s location is determined as follows:

(a) A debtor who is an individual is located at the individual’s principal residence.

(b) A debtor that is an organization and has only one place of business is located at its place of business.

(c) A debtor that is an organization and has more than one place of business is located at its chief executive office. [2023 c.83 §2]

Note: See note under 95.200 (Definitions for ORS 95.200 to 95.310) .

Source: Section 95.283 — Governing law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 93.930 — OR Code / Title 10 / Chapter 93 / Section 93.930
93.930 Recording affidavit after forfeiture
Status: in_force

(1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the purchaser as provided in ORS 93.915 (Notice of default) , the seller shall record an affidavit with the property description, a copy of the notice of default and proof of mailing attached, setting forth that the default of the purchaser under the terms of the contract was not cured within the time period provided in ORS 93.915 (Notice of default) and that the contract has been forfeited. When the affidavit is recorded in the deed records of the county where the property described therein is located, the recitals contained in the affidavit shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.

(2) Except as otherwise provided in ORS 93.905 (Definitions for ORS 93.905 to 93.940) to 93.945 (Application of ORS 93.910 to 93.940) and except to the extent otherwise provided in the contract or other agreement with the seller, forfeiture of a contract under ORS 93.905 (Definitions for ORS 93.905 to 93.940) to 93.930 (Recording affidavit after forfeiture) shall have the following effects:

(a) The purchaser and all persons claiming through the purchaser who were given the required notices pursuant to ORS 93.915 (Notice of default) , shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property. The failure to give notice to any of these persons shall not affect the validity of the forfeiture as to persons so notified;

(b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and

(c) All of the rights of the purchaser to all improvements made to the property at the time the declaration of forfeiture is recorded shall be forfeited to the seller and the seller shall be entitled to possession of the property on the 10th day after the declaration of forfeiture is recorded. Any persons remaining in possession after that day under any interest, except one prior to the contract, shall be deemed to be tenants at sufferance. Such persons may be removed from possession by following the procedures set out in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) or other applicable judicial procedures.

(3) After the declaration of forfeiture is recorded, the seller shall have no claim against the purchaser and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser’s obligations under the contract. [1985 c.718 §6; 1987 c.717 §3]

Source: Section 93.930 — Recording affidavit after forfeiture; affidavit as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.668 — OR Code / Title 10 / Chapter 100 / Section 100.668
100.668 Documents and information included with filing
Status: in_force

(1) Submission of any document to the Real Estate Commissioner for approval under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) , 100.119 (Restated declaration) , 100.135 (Amendments to declaration) , 100.410 (Adoption of bylaws) , 100.411 (Restated bylaws) , 100.413 (Approval of amended or restated bylaws) , 100.658 (Limited residential condominium filing) or 100.660 (Nonresidential condominium or security filing) or any other provision of this chapter must include:

(a) Any form prescribed and furnished by the commissioner for submission of a specified document;

(b) The deposit fee required under ORS 100.670 (Fees) ; and

(c) Any documents or information required for submission under subsections (2) to (6) of this section.

(2) For approval of a declaration and bylaws, the following must be submitted:

(a) The original executed declaration and the executed adopted bylaws of the condominium and a copy of the executed documents;

(b) A statement from the county assessor or county surveyor that the name of the condominium is acceptable under ORS 100.105 (Contents of declaration) ;

(c) A copy of the full size plat executed by the declarant and prepared in conformance with ORS 100.115 (Recording declaration and plat) and a certification of plat execution required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) (4) on a form prescribed and furnished by the commissioner;

(d) A copy of a preliminary title report, title insurance policy or condominium guarantee that has been issued within the preceding 30 days, including a map showing the location of property described in the report, policy or guarantee, or other evidence of title satisfactory to the commissioner; and

(e) Unless previously submitted to the commissioner under this chapter, a copy of all restrictive covenants, reservations or other documents that may create an encumbrance on or limit the use of the property other than those restrictions contained in the declaration or bylaws.

(3) For approval of a supplemental declaration, the following must be submitted:

(a) The original executed supplemental declaration and a copy of the executed document;

(b) The documents specified in subsection (2)(c) and (d) of this section relating to a supplemental declaration; and

(c) Any documents described in subsection (2) of this section that were amended by the supplemental declaration or have otherwise changed since the documents were previously filed under this section.

(4) For approval of an amendment to a declaration, supplemental declaration or plat, a restated declaration or a restated assignment of limited common elements, the following must be submitted:

(a) The original executed amendment, the executed restated declaration or the restated assignment of limited common elements and a copy of the executed document;

(b) For a plat amendment, a copy of the full size plat amendment prepared in conformance with ORS 100.116 (Plat amendment) and a certification of plat execution required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) (4) on a form prescribed and furnished by the commissioner;

(c) For amendments requiring consent or approval of a specific unit owner or mortgagee:

(A) Evidence of the required consent or approval; and

(B) Evidence of unit ownership or interest of the mortgagee; and

(d) Any documents described in subsection (2) of this section that were amended by the amendment to the declaration, supplemental declaration or plat, the restated declaration or the restated assignment of limited common elements or have otherwise changed since the documents were previously filed under this section.

(5) For approval of an amendment to the bylaws or restated bylaws, the following must be submitted:

(a) The original executed bylaw amendment or restated bylaws and a copy of the executed document; and

(b) If the amendment requires the consent or approval of a specific unit owner or mortgagee:

(A) Evidence of the required consent or approval; and

(B) Evidence of unit ownership or interest of the mortgagee.

(6) After review of the filing and documents submitted under this section, the commissioner may require the person submitting the filing to submit any other documents or information related to the filing that the commissioner considers necessary to approve the document under this chapter. [2019 c.69 §19]

Note: 100.668 (Documents and information included with filing) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.668 — Documents and information included with filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.835 — OR Code / Title 10 / Chapter 92 / Section 92.835
92.835 Subdivision of manufactured dwelling park or mobile home park
Status: in_force

Notwithstanding the standards and procedures established under ordinances and regulations adopted by the governing body of a city or a county under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) , when application for approval of the subdivision of a manufactured dwelling park or mobile home park that was lawfully approved before July 2, 2001, is made under ORS 92.040 (Application for approval of subdivision or partition) to the governing body of a city or county, the governing body of the city or county shall approve:

(1) A tentative plan upon receipt and verification of evidence that:

(a) The park is in compliance with the governing body’s standards for a manufactured dwelling park or a mobile home park or is an approved nonconforming use. For the purposes of this paragraph, a park is in compliance if the governing body of the city or county has not issued a written notice of noncompliance on or before July 2, 2001;

(b) Except as provided in this paragraph, the tentative plan does not make changes from the approved manufactured dwelling park or mobile home park development, including but not limited to increasing or decreasing the number of lots as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) or changing the external boundary lines or setback requirements. The tentative plan may provide for a reduction in the number of lots, if the reduction involves only lots that have never been used for placement of manufactured dwellings;

(c) The tentative plan restricts the use of lots in the subdivision to the installation of manufactured dwellings and restricts any other property in the subdivision to use as common property as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783) or for public purposes;

(d) The tentative plan does not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original approval for the park or conditions required by ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) ; and

(e) The property owners applying for the conversion have signed and recorded a waiver of the right of remonstrance, in a form approved by the city or county, for the formation of a local improvement district by a city or county. A waiver described in this paragraph must be in regard only to sanitary and storm sewers or water facilities and be operative only if the city or county determines after a hearing that the absence or inadequacy of those sewers or facilities is an immediate danger to life, health or safety. However, a waiver of the right of remonstrance may not be required of the owner of a lot in a manufactured dwelling park or mobile home park if the park was served for water, sewer and irrigation by a private utility company prior to an acquisition of that company by municipal condemnation commenced prior to January 1, 2003.

(2) A plat in compliance with the applicable requirements of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) , except standards and procedures adopted by regulation or ordinance under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) . The plat may not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original plat for the park or conditions required by ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) . [2001 c.711 §3; 2003 c.474 §7]

Note: See note under 92.830 (Definitions for ORS 92.830 to 92.845) .

Source: Section 92.835 — Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 92.040 — OR Code / Title 10 / Chapter 92 / Section 92.040
92.040 Application for approval of subdivision or partition
Status: in_force

(1) Before a plat of any subdivision or partition subject to review under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) may be made and recorded, the person proposing the subdivision or partition or authorized agent or representative of the person shall make an application in writing to the county or city having jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) for approval of the proposed subdivision or partition in accordance with procedures established by the applicable ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) . Each such application shall be accompanied by a tentative plan showing the general design of the proposed subdivision or partition. No plat for any proposed subdivision or partition may be considered for approval by a city or county until the tentative plan for the proposed subdivision or partition has been approved by the city or county. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision or partition for recording. However, approval by a city or county of such tentative plan shall be binding upon the city or county for the purposes of the preparation of the subdivision or partition plat, and the city or county may require only such changes in the subdivision or partition plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision or partition.

(2) After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise.

(3) A local government may establish a time period during which decisions on land use applications under subsection (2) of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 §7; 1973 c.696 §7; 1983 c.826 §8; 1989 c.772 §5; 1995 c.812 §9; 2005 c.22 §71]

Source: Section 92.040 — Application for approval of subdivision or partition; tentative plan; applicability of local government laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.740 — OR Code / Title 10 / Chapter 100 / Section 100.740
100.740 Notice to purchaser of cancellation rights
Status: in_force

(1) Subject to ORS 100.730 (Cancellation of sale of unit) (8), a unit sales agreement shall contain, either upon the first page or upon a separate sheet attached to such first page, the following notice in at least 12-point type that is all capitals or boldface:

BY SIGNING A UNIT SALES AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE AN INTEREST IN A CONDOMINIUM. HOWEVER, YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT FOR ANY REASON FOR FIVE BUSINESS DAYS (EXCLUDING SATURDAYS AND HOLIDAYS) AFTER WHICHEVER OF THE FOLLOWING IS LAST TO OCCUR:

(1) SIGNING BY THE PURCHASER OF THE UNIT SALES AGREEMENT;

(2) SIGNING BY THE PURCHASER OF THE RECEIPT FOR THE DISCLOSURE STATEMENT, IF ANY; OR

(3) SIGNING BY THE PURCHASER OF THE RECEIPT FOR A COPY OF THE CONDOMINIUM DECLARATION AND BYLAWS AND ANY AMENDMENTS OR SUPPLEMENTS THERETO AFFECTING THE UNIT.

TO CANCEL THIS AGREEMENT, YOU MUST GIVE WRITTEN NOTICE TO THE DEVELOPER OR THE AGENT OF THE DEVELOPER AT THE FOLLOWING ADDRESS:

__________________

__________________

__________________

__________________

__________________

BEFORE EXECUTING THIS AGREEMENT, OR BEFORE THE CANCELLATION PERIOD ENDS, YOU SHOULD DO THE FOLLOWING:

(1) CAREFULLY EXAMINE THE DISCLOSURE STATEMENT, IF ANY, ISSUED BY THE REAL ESTATE COMMISSIONER ON THE CONDOMINIUM AND ALL ACCOMPANYING INFORMATION DELIVERED BY THE DEVELOPER. OREGON LAW REQUIRES THE DEVELOPER TO DELIVER TO YOU A COPY OF THE DECLARATION AND BYLAWS OF THE CONDOMINIUM AND ANY SUPPLEMENTS AND AMENDMENTS THERETO AFFECTING THE UNIT PRIOR TO THE TIME THE UNIT SALES AGREEMENT IS FULLY EXECUTED BY ALL PARTIES. A COPY OF THE DECLARATION AND BYLAWS, AND ANY SUPPLEMENTS AND AMENDMENTS THERETO, ARE AVAILABLE FROM THE ASSOCIATION FOR EXAMINATION AND DUPLICATION, AT A REASONABLE FEE, UPON YOUR WRITTEN REQUEST.

(2) INQUIRE OF YOUR LENDER WHETHER YOU CAN GET ADEQUATE FINANCING ON AN ACCEPTABLE BASIS.

(3) INQUIRE OF THE DEVELOPER AND THE LENDER WHAT THE AMOUNT OF THE CLOSING COSTS WILL BE.

OREGON LAW REQUIRES THAT YOU IMMEDIATELY BE GIVEN A COPY OF THIS NOTICE AND A COPY OF THE UNIT SALES AGREEMENT WHEN IT HAS BEEN FULLY EXECUTED BY ALL PARTIES.

(2) Except as provided in ORS 100.665 (Exemption to certain disclosure and notice requirements) , a copy of the notice set forth in subsection (1) of this section shall be given to each purchaser at the time of or immediately following the purchaser’s signing of the unit sales agreement, for the use of the purchaser. [Formerly 94.424; 2001 c.756 §55; 2003 c.569 §41]

Source: Section 100.740 — Notice to purchaser of cancellation rights; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.650 — OR Code / Title 10 / Chapter 94 / Section 94.650
94.650 Meetings of lot owners
Status: in_force

(1) The homeowners association shall conduct at least one meeting of the owners each calendar year.

(2) Intentionally left blank —Ed.

(a) 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 association. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the votes of the planned community for the purpose of calling a meeting.

(b) If the bylaws do not specify a percentage of owners that may request the calling of a special meeting, a special meeting must be called if 30 percent or more of the owners make the request in writing. Notice of the special meeting must be given as specified in this section.

(c) Business transacted at a special meeting must be confined to the purposes stated in the notice.

(3) If the owners request a special meeting under subsection (2) of this section and the notice is not given within 30 days after the date the written request is delivered to the president or the secretary, an owner who signed the request may set the date, time and place of the meeting and give notice as provided in subsection (4) of this section.

(4) Not less than 10 or more than 50 days before any meeting called under this section, the secretary or other officer specified in the bylaws shall cause the notice to be hand delivered or mailed to the mailing address of each owner, or to the mailing address designated in writing by the owner, and to all mortgagees that have requested the notice.

(5) The notice of a meeting must state the date, time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes or any proposal to remove a director or, if the officer is elected by the owners, to remove an officer.

(6) Mortgagees may designate a representative to attend a meeting called under this section.

(7) A meeting of owners under this section, including special meetings, may be conducted as an electronic meeting if the electronic meeting:

(a) Allows all owners participating to hear each other simultaneously and to be able to communicate during the meeting.

(b) Provides for the verification that a person participating is an owner or is otherwise authorized to participate in the meeting.

(c) Provides for owners to have access to material necessary to participate or vote during or before the meeting.

(8) A person participating in an electronic meeting is considered present at the meeting for all purposes. [1981 c.782 §40; 1999 c.677 §17; 2001 c.756 §17; 2007 c.409 §10; 2021 c.40 §4]

Source: Section 94.650 — Meetings of lot owners; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.680 — OR Code / Title 10 / Chapter 90 / Section 90.680
90.680 Sale of dwelling or home on rented space
Status: in_force

(1) As used in this section, “consignment” means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation.

(2) A landlord may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale.

(3) A landlord may not require, as a condition of a tenant’s occupancy, consignment of the tenant’s manufactured dwelling or floating home.

(4) Intentionally left blank —Ed.

(a) A landlord may sell a tenant’s manufactured dwelling or floating home on consignment only if:

(A) The sale involves a dwelling in a facility and the landlord is licensed to sell dwellings under ORS 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer) . The license may be held by a person that differs from the person that owns the facility and is the landlord, if there is common ownership between the two.

(B) The landlord and tenant first enter into a written consignment contract that specifies at a minimum:

(i) The duration of the contract, which, unless extended in writing, may not exceed 180 days;

(ii) The estimated square footage of the dwelling or home, and the make, model, year, vehicle identification number and license plate number, if known;

(iii) The price offered for sale of the dwelling or home;

(iv) Whether lender financing is permitted and the amount, if any, of the earnest money deposit;

(v) Whether the transaction is intended to be closed through a state-licensed escrow;

(vi) All liens, taxes and other charges known to be in existence against the dwelling or home that must be removed before the tenant can convey marketable title to a prospective buyer;

(vii) The method of marketing the sale of a dwelling or home to the public, such as signs posted at the facility or through advertisements posted on the Internet or published in newspapers or in other publications;

(viii) The form and amount of compensation to the landlord, such as a fixed fee, a percentage of the gross sale price or another similar arrangement. If the form of compensation is a fixed fee, the contract shall state the amount; and

(ix) For the purpose of determining the net sale proceeds that are payable to the tenant, the manner and order by which the gross sale proceeds will be applied to liens, taxes, actual costs of sale, landlord compensation and other closing costs.

(C) Within 10 days after a sale, the landlord pays to the tenant the tenant’s share of the sale proceeds and provides to the tenant a written accounting for the sale proceeds.

(b) The landlord may not exact a commission or fee, however designated, or retain a portion of any sale proceeds for the sale of a manufactured dwelling or floating home on a rented space unless the landlord has acted as representative for the seller pursuant to a written consignment contract.

(5) Intentionally left blank —Ed.

(a) The landlord may not deny the tenant the right to place a “for sale” sign on or in a manufactured dwelling or floating home owned by the tenant. The size, placement and character of such signs shall be subject to reasonable rules of the landlord.

(b) If the landlord advertises a manufactured dwelling or floating home for sale within the facility, the tenant may advertise the sale of the tenant’s dwelling or home by posting a sign in a similar manner and similar location.

(6) A landlord may not knowingly make false statements to a prospective purchaser about the quality of a tenant’s manufactured dwelling or floating home.

(7) Nothing in this section prevents a landlord from selling to a prospective purchaser a manufactured dwelling or floating home owned by the landlord at a price or on terms, including space rent, that are more favorable than the price and terms offered for dwellings or homes that are for sale by a tenant.

(8) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require in the rental agreement:

(a) Except when a termination or abandonment occurs, that a tenant give not more than 10 days’ notice in writing prior to the sale of the dwelling or home on a rented space;

(b) That prior to the sale, the prospective purchaser submit to the landlord a complete and accurate written application for occupancy of the dwelling or home as a tenant after the sale is finalized and that a prospective purchaser may not occupy the dwelling or home until after the prospective purchaser is accepted by the landlord as a tenant;

(c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell dwellings or homes of the requirements of paragraphs (b) and (d) of this subsection, the location of all properly functioning smoke alarms and any other rules and regulations of the facility such as those described in ORS 90.510 (Statement of policy) (5)(b), (f), (g), (i) and (j); and

(d) If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits or charges owed by the tenant as authorized under ORS 90.140 (Types of payments landlord may require or accept) and the rental agreement, prior to the landlord’s acceptance of the prospective purchaser as a tenant.

(9) Intentionally left blank —Ed.

(a) If a landlord requires a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section, the landlord shall provide, upon request from the purchaser, a copy of the application. At the time that the landlord gives the prospective purchaser an application the landlord shall also give the prospective purchaser:

(A) Copies of the statement of policy, the rental agreement and the facility rules and regulations, including any conditions imposed on a subsequent sale, all as provided by ORS 90.510 (Statement of policy) ;

(B) Copies of any outstanding notices given to the tenant under ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) ;

(C) A list of any disrepair or deterioration of the manufactured dwelling or floating home;

(D) A list of any failures to maintain the space or to comply with any other provisions of the rental agreement, including aesthetic or cosmetic improvements; and

(E) A statement that the landlord may require a prospective purchaser to complete repairs, maintenance and improvements as described in the notices and lists provided under subparagraphs (B) to (D) of this paragraph.

(b) The terms of the statement, rental agreement and rules and regulations need not be the same as those in the selling tenant’s statement, rental agreement and rules and regulations.

(c) Consistent with ORS 90.305 (Disclosure of certain matters) (4)(b), a landlord may require a prospective purchaser to pay a reasonable copying charge for the documents.

(d) If a prospective purchaser agrees, a landlord may provide the documents in an electronic format.

(10) The following apply if a landlord receives an application for tenancy from a prospective purchaser under subsection (8) of this section:

(a) The landlord shall accept or reject the prospective purchaser’s application within seven days following the day the landlord receives a complete and accurate written application. An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord pursuant to ORS 90.510 (Statement of policy) (5)(i). The landlord and the prospective purchaser may agree to a longer time period for the landlord to evaluate the prospective purchaser’s application or to allow the prospective purchaser to address any failure to meet the landlord’s screening or admission criteria. If a tenant has not previously given the landlord the 10 days’ notice required under subsection (8)(a) of this section, the period provided for the landlord to accept or reject a complete and accurate written application is extended to 10 days.

(b) When a landlord considers an application for tenancy from a prospective purchaser of a dwelling or home from a tenant, the landlord shall apply to the prospective purchaser credit and conduct screening criteria that are substantially similar to the credit and conduct screening criteria the landlord applies to a prospective purchaser of a dwelling or home from the landlord.

(c) The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable cause for rejection includes, but is not limited to, failure of the prospective purchaser to meet the landlord’s conditions for approval as provided in ORS 90.510 (Statement of policy) (5)(i) or failure of the prospective purchaser’s references to respond to the landlord’s timely request for verification within the time allowed for acceptance or rejection under paragraph (a) of this subsection. Except as provided in paragraph (d) of this subsection, the landlord shall furnish to the seller and purchaser a written statement of the reasons for the rejection.

(d) If a rejection under paragraph (c) of this subsection is based upon a consumer report, as defined in 15 U.S.C. 1681a for purposes of the federal Fair Credit Reporting Act, the landlord may not disclose the contents of the report to anyone other than the purchaser. The landlord shall disclose to the seller in writing that the rejection is based upon information contained within a consumer report and that the landlord may not disclose the information within the report.

(11) The following apply if a landlord does not require a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section or if the landlord does not accept or reject the prospective purchaser as a tenant within the time required under subsection (10) of this section:

(a) The landlord waives any right to bring an action against the tenant under the rental agreement for breach of the landlord’s right to establish conditions upon and approve a prospective purchaser of the tenant’s dwelling or home;

(b) The prospective purchaser, upon completion of the sale, may occupy the dwelling or home as a tenant under the same conditions and terms as the tenant who sold the dwelling or home; and

(c) If the prospective purchaser becomes a new tenant, the landlord may impose conditions or terms on the tenancy that are inconsistent with the terms and conditions of the seller’s rental agreement only if the new tenant agrees in writing.

(12) A landlord may not, because of the age, size, style or original construction material of the dwelling or home or because the dwelling or home was built prior to adoption of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403), in compliance with the standards of that Act in effect at that time or in compliance with the state building code as defined in ORS 455.010 (Definitions for ORS chapter 455) :

(a) Reject an application for tenancy from a prospective purchaser of an existing dwelling or home on a rented space within a facility; or

(b) Require a prospective purchaser of an existing dwelling or home on a rented space within a facility to remove the dwelling or home from the rented space.

(13) A tenant who has received a notice pursuant to ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) may sell the tenant’s dwelling or home in compliance with this section during the notice period. The tenant shall provide a prospective purchaser with a copy of any outstanding notice given to the tenant under ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) prior to a sale. If the tenancy has been terminated pursuant to ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) , or the notice period provided in ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) has expired without a correction of cause or extension of time to correct, a prospective purchaser does not have a right to leave the dwelling or home on the rented space and become a tenant.

(14) The following applies to a landlord that accepts a prospective purchaser as a tenant under subsection (10) of this section:

(a) Notwithstanding any waiver given by the landlord to the previous tenant, the landlord may require the new tenant to complete the repairs, maintenance and improvements described in the notices provided under subsection (9)(a)(B) to (D) of this section.

(b) Notwithstanding ORS 90.412 (Waiver of termination of tenancy) , if the new tenant fails to complete the repairs, maintenance and improvements described in the notices provided under subsection (9)(a)(B) to (D) of this section within six months after the tenancy begins, the landlord may terminate the tenancy by giving the new tenant the notice required under ORS 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) .

(15) Except as provided by subsection (13) of this section, after a tenancy has ended and during the period provided by ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (6) and (8), a former tenant retains the right to sell the tenant’s dwelling or home to a purchaser who wishes to leave the dwelling or home on the rented space and become a tenant as provided by this section, if the former tenant makes timely periodic payment of all storage charges as provided by ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (7)(b), maintains the dwelling or home and the rented space on which it is stored and enters the premises only with the written permission of the landlord. Payment of the storage charges or maintenance of the dwelling or home and the space does not create or reinstate a tenancy or create a waiver pursuant to ORS 90.412 (Waiver of termination of tenancy) or 90.417 (Duty to pay rent) . A former tenant may not enter the premises without the written permission of the landlord, including entry to maintain the dwelling or home or the space or to facilitate a sale.

(16) A landlord or tenant who sells a manufactured dwelling or floating home shall deliver title to the dwelling or home to the purchaser within 25 business days after completion of the sale. If the sale by contract requires future payments, the landlord or tenant shall notify the county that the purchaser is responsible for property tax payments. [Formerly 91.890; 1991 c.844 §14; 1993 c.580 §6; 1997 c.577 §27c; 1999 c.676 §25; 1999 c.820 §2; 2003 c.658 §9; 2005 c.22 §68; 2007 c.906 §35; 2013 c.443 §13; 2015 c.217 §5; 2017 c.324 §3]

Source: Section 90.680 — Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.704 — OR Code / Title 10 / Chapter 94 / Section 94.704
94.704 Assessment and payment of common expenses
Status: in_force

(1) 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 (Declaration) (2).

(2) If the declaration expressly authorizes deferment, the declarant may defer payment of accrued assessments for reserves required under ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) for a lot subject to assessment until the date the lot is conveyed. However, the declarant may not defer payment of accrued assessments for reserves:

(a) Beyond the date of the turnover meeting provided for in the bylaws in accordance with ORS 94.635 (Association bylaws) (3); or

(b) If a turnover meeting is not held, the date the owners assume administrative control of the association.

(3) Failure of the declarant to deposit the balance due within 30 days after the due date constitutes a violation of ORS 94.777 (Compliance with bylaws and other restrictions required) .

(4) The books and records of the association shall reflect the amount the declarant owes for all reserve account assessments.

(5) Intentionally left blank —Ed.

(a) Except for assessments under subsections (6), (7) and (8) of this section, the board of directors shall assess all common expenses against all the lots that are subject to assessment according to the allocations stated in the declaration.

(b) Any assessment or any installment of the assessment past due shall bear interest at the rate established by resolution of the board of directors.

(c) Nothing in this section prohibits the board from making compromises on overdue assessments if the compromise benefits the association.

(6) Unless otherwise provided in the declaration or bylaws, any common expense or any part of a common expense benefiting fewer than all of the lots may be assessed exclusively against the lots or units benefited.

(7) Unless otherwise provided in the declaration or bylaws, assessments to pay a judgment against the association may be made only against the lots in proportion to their common expense liabilities.

(8) If the board of directors determines that any loss or cost incurred by the homeowners association is the fault of one or more owners, the homeowners association may assess the loss or cost exclusively against the lots of the responsible owners.

(9) If the homeowners association reallocates common expense liabilities, any common expense assessment and any installment of the assessment not yet due shall be recalculated according to the reallocated common expense liabilities.

(10) Intentionally left blank —Ed.

(a) A lot owner may not claim exemption from liability for contribution toward the common expenses by waiving the use or enjoyment of any of the common property or by abandoning the owner’s lot.

(b) An owner may not claim to offset an assessment for failure of the association to perform the association’s obligations.

(11) Intentionally left blank —Ed.

(a) During any period of declarant control, any special assessment for capital improvements or additions must be approved by not less than 50 percent of the voting rights, or such greater percentage as may be specified in the declaration, without regard to any weighted right or special voting right in favor of the declarant.

(b) Nothing in this subsection is intended to prohibit a declarant from reserving a special declarant right to approve any such assessment. [1981 c.782 §43; 1999 c.677 §25; 2001 c.756 §21; 2003 c.569 §16; 2009 c.641 §15]

Source: Section 94.704 — Assessment and payment of common expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.920 — OR Code / Title 10 / Chapter 100 / Section 100.920
100.920 Changes or actions that require approval or consent of mortgagee
Status: in_force

(1) Subject to subsection (3) of this section, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or unit owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

(2) The request must:

(a) Be in writing.

(b) Name the mortgagor.

(c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 (Description of real property for purposes of recordation) or by address.

(d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.

(e) Be delivered to the mortgagee by certified or registered mail, return receipt requested.

(3) This section does not apply to:

(a) The consent of a mortgagee required under ORS 100.100 (Property submitted to unit ownership by declaration) or 100.600 (Termination of association or removal of real property by unit owners) .

(b) The extent a provision in the declaration or bylaws prescribes a different procedure for approval or consent. [2011 c.532 §15]

Source: Section 100.920 — Changes or actions that require approval or consent of mortgagee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.805 — OR Code / Title 10 / Chapter 105 / Section 105.805
105.805 Action for waste
Status: in_force

If a guardian, conservator or tenant in severalty, or in common, for life or for years of real property commits waste thereon, any person injured thereby may maintain an action at law for damages against the guardian, conservator or tenant. In the action there may be judgment for treble damages, forfeiture of the estate of the party committing or permitting the waste and eviction from the property. Forfeiture and eviction shall only be given in favor of the person entitled to a reversion against the tenant in possession, when the injury to the estate in reversion is determined in the action to be equal to the value of the tenant’s estate or unexpired term, or when the waste was committed with malice. [Amended by 1973 c.823 §103]

Source: Section 105.805 — Action for waste , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.645 — OR Code / Title 10 / Chapter 93 / Section 93.645
93.645 Priority of purchaser
Status: in_force

(1) The interest of the purchaser, the heirs and assigns of the purchaser, under a contract for the purchase and sale of realty, if such contract or memorandum thereof has been recorded in deed records, shall have priority over the lien of any subsequent judgment against the seller of the property, the heirs and assigns of the seller, and conveyance in fulfillment of said contract shall extinguish the lien of any such judgment.

(2) Subsection (1) of this section shall not be construed to limit the right of a judgment creditor to execute upon a vendor’s interest in a land sales contract.

(3) For the purposes of subsection (1) of this section, “judgment” includes any lien which by law becomes a lien upon real property in the same manner as a judgment, and includes a judgment or any such lien in favor of the State of Oregon and its agencies. [1975 c.270 §§1,2,3]

Source: Section 93.645 — Priority of purchaser; extinguishing judgment lien; right of judgment creditor; “judgment” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.644 — OR Code / Title 10 / Chapter 94 / Section 94.644
94.644 Meetings of board of directors
Status: in_force

(1) 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.

(2) Intentionally left blank —Ed.

(a) The board may close the meeting to owners and meet in an executive session to:

(A) Consult with legal counsel; or

(B) Consider the following:

(i) Personnel matters, including salary negotiations and employee discipline;

(ii) Negotiation of contracts with third parties; or

(iii) Collection of unpaid assessments.

(b) Except in the case of an emergency, the board may not meet in executive session unless voted for by the board in an open meeting and the presiding officer of the board states the general nature of the action to be considered and, as precisely as possible, when and under what circumstances the deliberations can be disclosed to owners. The statement, motion or decision to meet in executive session must be included in the minutes of the meeting.

(c) A contract or an action considered in executive session is not effective unless the board, following the executive session, reconvenes in an open meeting and votes to approve the contract or action, which must be included in the minutes.

(3) The meeting and notice requirements in this section may not be circumvented by chance or social meetings or by any other means.

(4) A meeting may be conducted as an electronic meeting if:

(a) The meeting allows all participating board members at the meeting to:

(A) Hear and communicate to each other simultaneously; and

(B) Have access to materials before or during the meeting necessary to participate or vote in the meeting.

(b) The meeting allows all persons attending the meeting to simultaneously hear all participating board members.

(c) Any notice of the electronic meeting to board members or owners states:

(A) Whether the meeting may or must be attended by electronic means;

(B) The electronic means to be used;

(C) Subject to subsection (2) of this section, how owners may attend the electronic meeting by:

(i) Telephone;

(ii) If applicable, Internet connection; and

(iii) If applicable, by meeting at a physical location; and

(D) Any other information to enable an owner to attend the meeting.

(5) A person participating in an electronic meeting is considered present at the meeting for all purposes.

(6) In a planned community where the majority of the lots are the principal residences of the occupants, for meetings of the board other than emergency meetings, notice of meetings must include the information required under subsection (4)(c) of this section and must be:

(a) Posted at a place or places on the property at least three days prior to the meeting; or

(b) Provided by a method otherwise reasonably calculated to inform lot owners of the meetings, including by electronic communication under ORS 94.652 (Electronic notice to owner or director) .

(7) As used in ORS 94.640 (Association board of directors) and this section, “meeting” means a convening of a quorum of members of the board of directors at which association business is discussed, except a convening of a quorum of members of the board of directors for the purpose of participating in litigation, mediation or arbitration proceedings. [2021 c.40 §3]

Source: Section 94.644 — Meetings of board of directors; notice; executive sessions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.675 — OR Code / Title 10 / Chapter 94 / Section 94.675
94.675 Insurance for common property
Status: in_force

(1) The board of directors of a homeowners association shall obtain and maintain:

(a) 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 damage or destruction from any such hazard if the insurance is available at reasonable cost; and

(b) A public liability policy covering all common property and all damage or injury caused by the negligence of the association.

(2) Premiums for insurance obtained under this section shall be a common expense of the association.

(3) A policy may contain a deductible in the amount specified in the declaration or bylaws. The deductible amount shall be added to the face amount of the policy in determining whether the insurance equals at least the full replacement cost.

(4) Notwithstanding a provision in the declaration or bylaws that imposes a maximum deductible amount in an association insurance policy, if the board of directors determines that it is in the best interest of the association and owners as provided in subsection (5) of this section, the board may adopt a resolution authorizing the association to obtain and maintain an insurance policy with a deductible amount exceeding the specified maximum, but not in excess of the greater of:

(a) The maximum deductible acceptable to the Federal National Mortgage Association; or

(b) $10,000.

(5) In making the determination under subsection (4) of this section, the board of directors shall consider such factors as the availability and cost of insurance and the loss experience of the association.

(6) Not later than 10 days after adoption of a resolution under subsection (4) of this section, the board of directors shall ensure that a copy of the resolution and a notice described in ORS 94.676 (Insurance deductible for certain planned communities) are:

(a) Delivered to each owner; or

(b) Mailed to the mailing address of each owner or to the mailing address designated in writing by the owner.

(7) Intentionally left blank —Ed.

(a) The homeowners association of a Class I or Class II planned community created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) or a planned community described in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) shall maintain fidelity bond coverage for:

(A) All persons with access to association funds, including directors, officers, employees, managing agents and employees of a management company or other entity with which the association contracts.

(B) Computer fraud and funds transfer fraud.

(b) The fidelity bond required under paragraph (a) of this subsection must be in an amount that is at least equal to the combined amount of:

(A) Funds maintained in the name of the association in accounts under ORS 94.670 (Association duty to keep documents and records) ; and

(B) Any obligations issued by the United States government purchased by the association under ORS 94.670 (Association duty to keep documents and records) .

(8) Subsection (7) of this section applies to a Class I or Class II planned community under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , or a planned community described in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) , created before, on or after January 1, 2020.

(9) Following the turnover meeting described in ORS 94.616 (Turnover meeting) , on an annual basis, with the approval of owners representing a majority of the votes present at a meeting, the board of directors may elect for the following year to not maintain the fidelity bond coverage required under subsection (7)(a) of this section or to maintain fidelity bond coverage in an amount less than that required under subsection (7)(b) of this section for the following year. [1981 c.782 §51; 2007 c.409 §14; 2019 c.66 §1]

Source: Section 94.675 — Insurance for common property; fidelity bond coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.463 — OR Code / Title 10 / Chapter 105 / Section 105.463
105.463 Preemptive effect of ORS 105.464
Status: in_force

ORS 105.464 (Form of seller’s property disclosure statement) preempts any law, rule, regulation, code or ordinance of the political subdivisions of this state including, but not limited to, the Lane Regional Air Protection Agency regarding the disclosure of solid fuel burning devices, as defined in ORS 468A.485 (Definitions for ORS 468A.460 to 468A.515) , in connection with a written offer to purchase real property in this state for which a seller’s property disclosure statement is required under ORS 105.465 (Application of ORS 105.462 to 105.490, 696.301 and 696.870) and 105.470 (Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870) . [2009 c.387 §17]

Source: Section 105.463 — Preemptive effect of ORS 105.464 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.362 — OR Code / Title 10 / Chapter 98 / Section 98.362
98.362 Delivery of unclaimed securities or distributions
Status: in_force

(1) The holder of a security or distribution presumed abandoned under ORS 98.322 (Unclaimed securities or distributions) shall deliver a certificate of ownership or other evidence of ownership to the State Treasurer as follows:

(a) The original certificate shall be delivered to the State Treasurer when it is held or controlled by the holder.

(b) A duplicate certificate shall be issued to the State Treasurer when the holder does not hold or control the original.

(2) After issuance of a duplicate certificate under subsection (1) of this section, the rights of a protected purchaser of the original certificate are governed by ORS 78.4050 (Replacement of lost, destroyed or wrongfully taken security certificate) . In such event, the protected purchaser may seek recovery against the State Treasurer to the extent allowed under the Oregon Constitution. [1957 c.670 §15; 1967 c.357 §4; 1983 c.716 §11; 1985 c.403 §2; 1993 c.694 §9; 1995 c.328 §70; 2019 c.678 §14; 2023 c.238 §2]

Source: Section 98.362 — Delivery of unclaimed securities or distributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 91.265 — OR Code / Title 10 / Chapter 91 / Section 91.265
91.265 Installation of electric vehicle charging station
Status: repealed

(1) As used in this section:

(a) “Landlord” means the owner, lessor or sublessor of a rental unit or the building or premises of which it is a part, or a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement.

(b) “Rental unit” means a structure or part of a structure that is used as a commercial space by a tenant.

(c) “Tenant” means an individual or organization entitled under a rental agreement to occupy a rental unit to the exclusion of others.

(2) A tenant may submit an application to install an electric vehicle charging station for the use of the tenant, employees of the tenant or customers of the tenant, in compliance with the requirements of this section, in, or accessible to, any parking space assigned to the tenant or the rental unit of the tenant.

(3) A landlord may prohibit installation or use of a charging station installed and used in compliance with the requirements of this section only if the premises do not have at least one parking space per rental unit.

(4) When the tenant complies or agrees to comply with the requirements of this section, the landlord shall approve a completed application within 60 days after the tenant submits the application unless the delay in approving the application is based on a reasonable request for additional information.

(5) A landlord may require:

(a) A tenant to obtain the landlord’s written approval of a person the tenant employs to install and remove the charging station.

(b) A charging station installed by a tenant to be a certified electrical product, as defined in ORS 479.530 (Definitions for ORS 479.510 to 479.945 and 479.995) .

(c) A person employed by a tenant to install the charging station to post a payment bond and a performance bond in an amount equal to at least 125 percent of the anticipated cost of work.

(d) A tenant to comply with reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

(e) A charging station installed by a tenant to meet the architectural standards of the premises.

(f) The owner of the charging station to:

(A) Intentionally left blank —Ed.

(i) Maintain a renter’s liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

(ii) Name the landlord as a named additional insured under the policy with a right to prior notice of cancellation of or material change to the policy; or

(B) If the owner is unable to obtain an insurance policy described in subparagraph (A)(i) of this paragraph, reimburse the landlord for the cost of maintaining a liability insurance policy that includes coverage of the charging station.

(6) Notwithstanding ORS 479.540 (Exemptions) , the charging station must be installed and removed by a person that holds a license, as defined in ORS 479.530 (Definitions for ORS 479.510 to 479.945 and 479.995) , to act, at a minimum, as a journeyman electrician.

(7) Unless a landlord and tenant negotiate a different outcome:

(a) A charging station installed under this section is deemed to be the personal property of the tenant.

(b) The tenant is responsible for all costs associated with installation and use of the charging station, including:

(A) The cost of review and permitting of the charging station;

(B) The cost of electricity associated with the charging station; and

(C) The cost of damage to the premises that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

(c) Upon termination of the rental agreement, the landlord may require the tenant to:

(A) Remove the charging station;

(B) Cap all exposed wires and conduit; and

(C) Restore the premises, including but not limited to the cleanliness and safety of the premises, to the condition of the premises before the installation of the charging station.

(8) If the landlord reasonably determines that the cumulative use of electricity on the premises attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the premises with a sufficient supply of electricity, the landlord shall assess and collect, and each tenant that has installed or will install a charging station shall pay, the cost of the additional improvements.

(9) In any action between a landlord and tenant to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2017 c.386 §1]

Note: 91.265 (Installation of electric vehicle charging station) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 91 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

91.735 [1973 c.559 §7; renumbered 90.135 (Unconscionability) in 1989]

91.765 [1973 c.559 §13; 1987 c.611 §10; renumbered 90.305 (Disclosure of certain matters) in 1989]

91.766 [1985 c.588 §2; 1989 c.506 §6; renumbered 90.310 (Disclosure of legal proceedings) in 1989]

91.767 [1979 c.599 §2; renumbered 90.315 (Utility or service payments) in 1989]

91.770 [1973 c.559 §14; 1979 c.643 §2; 1981 c.753 §1; 1987 c.611 §11; 1989 c.506 §8; renumbered 90.320 (Landlord to maintain premises in habitable condition) in 1989]

91.775 [1973 c.559 §15; renumbered 90.325 (Tenant duties) in 1989]

91.780 [1973 c.559 §16; renumbered 90.330 in 1989]

91.785 [1973 c.559 §17; 1979 c.632 §2; 1981 c.753 §2; 1983 c.708 §1; 1989 c.506 §9; 1989 c.648 §33; renumbered 90.335 in 1989]

91.790 [1973 c.559 §18; renumbered 90.340 (Occupancy of premises as dwelling unit only) in 1989]

91.800 [1973 c.559 §19; 1985 c.588 §5; renumbered 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) in 1989]

91.805 [1973 c.559 §20; 1975 c.256 §6; 1985 c.588 §6; 1989 c.506 §11; renumbered 90.365 (Failure of landlord to supply essential services) in 1989]

91.810 [1973 c.559 §21; 1979 c.854 §1; 1987 c.611 §6; renumbered 90.370 (Tenant counterclaims in action by landlord for possession or rent) in 1989]

91.815 [1973 c.559 §22; 1985 c.588 §7; 1987 c.611 §8; 1989 c.506 §3; renumbered 90.375 (Effect of unlawful ouster or exclusion) in 1989]

91.817 [1983 c.356 §2; 1989 c.506 §12; renumbered 90.380 (Effect of rental of dwelling in violation of building or housing codes) in 1989]

91.820 [1973 c.559 §23; 1975 c.256 §3; 1979 c.573 §1a; 1979 c.765 §3; 1981 c.753 §3; 1983 c.303 §1; 1987 c.611 §9; 1989 c.506 §13; renumbered 90.400 in 1989]

91.822 [1979 c.765 §2; renumbered 90.405 (Effect of tenant keeping unpermitted pet) in 1989]

91.825 [1973 c.559 §24; renumbered 90.410 (Effect of tenant failure to give notice of absence) in 1989]

91.830 [1973 c.559 §25; 1983 c.708 §2; 1985 c.588 §17; 1989 c.506 §10; renumbered 90.415 in 1989]

91.835 [1973 c.559 §26; renumbered 90.420 (Enforceability of landlord liens) in 1989]

91.845 [1973 c.559 §28; renumbered 90.430 (Claims for possession, rent, damages after termination of rental agreement) in 1989]

91.855 [1973 c.559 §30; renumbered 90.900 in 1989]

91.860 [1973 c.559 §31; 1985 c.588 §9; renumbered 90.920 in 1989]

91.862 [1981 c.179 §3; 1989 c.336 §4; renumbered 90.930 in 1989]

91.865 [1973 c.559 §32; 1979 c.643 §1; 1983 c.337 §1; 1985 c.588 §10; 1989 c.506 §17; renumbered 90.385 (Retaliatory conduct by landlord) in 1989]

91.874 [1977 c.348 §1a; 1987 c.414 §144; repealed by 1989 c.918 §9 and 1989 c.919 §14]

91.875 [1975 c.353 §2; 1977 c.348 §1; 1979 c.384 §3; 1979 c.573 §2a; 1979 c.676 §1; 1989 c.648 §39; renumbered 90.510 (Statement of policy) in 1989]

91.886 [1979 c.676 §6 (enacted in lieu of 91.885); 1987 c.787 §1; 1989 c.919 §§13,13a; renumbered 90.630 (Termination by landlord) in 1989]

91.890 [1975 c.353 §5; 1977 c.348 §6; 1979 c.384 §6; 1979 c.676 §3; 1983 c.694 §1; 1989 c.648 §41; renumbered 90.680 (Sale of dwelling or home on rented space) in 1989]

91.895 [1975 c.353 §6; 1979 c.384 §7; 1981 c.478 §3; 1985 c.473 §6; 1989 c.648 §42; renumbered 90.525 (Unreasonable conditions of rental or occupancy prohibited) in 1989]

91.900 [1977 c.348 §7; 1979 c.676 §4; 1981 c.897 §29; 1989 c.648 §43; renumbered 90.710 (Causes of action) in 1989]

91.905 [1985 c.473 §8; 1989 c.648 §44; 1989 c.919 §7; renumbered 90.760 in 1989]

91.910 [1985 c.473 §12; 1989 c.506 §24; 1989 c.648 §45; renumbered 90.690 in 1989]

91.915 [1985 c.473 §13; 1989 c.648 §46; renumbered 90.670 in 1989]

91.920 [1985 c.473 §2; 1989 c.648 §47; renumbered 90.750 (Right to assemble or canvass in facility) in 1989]

91.925 [1985 c.473 §3; 1989 c.648 §48; renumbered 90.755 (Right to speak on political issues) in 1989]

91.930 [1985 c.473 §5; renumbered 90.720 (Action to enjoin violation of ORS 90.750 or 90.755) in 1989]

91.935 [1985 c.473 §4; 1989 c.648 §49; renumbered 90.605 (Persons authorized to receive notice and demands on landlord’s behalf) in 1989]

91.945 [1987 c.786 §1; repealed by 1989 c.648 §73]

91.950 [1987 c.786 §2; 1989 c.648 §50; renumbered 90.770 in 1989]

91.955 [1987 c.786 §3; renumbered 90.775 (Rules) in 1989]

Source: Section 91.265 — Installation of electric vehicle charging station; cost of additional infrastructure improvements; action to enforce compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 97.900 — OR Code / Title 10 / Chapter 97 / Section 97.900
97.900 Summons
Status: in_force

(1) Summons shall be served upon all owners or holders who are residents of this state in like manner as in service of summons in a civil action if such owners and holders are known to the sheriff in the county in which the cemetery is located. If the defendants are not known to the sheriff, it is sufficient to serve the owners and holders whose names appear on the tax rolls of the county for the year previous to that in which the suit is started. The plaintiff is not required to mail a copy of the summons or complaint to nonresident defendants.

(2) All owners and holders of such unimproved lots whose names do not appear on the tax rolls as aforesaid as shown by the return of the sheriff may be served by publication in any legal newspaper published in the county in which the cemetery is located for four consecutive weeks upon return of the sheriff that such owners and holders are not known and cannot be served in the jurisdiction of the sheriff.

(3) The published summons shall contain the names of the record owners, as shown by the records of the cemetery authority, and “also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint,” together with a brief description of the lot, or subdivisions of lots, pieces or parcels of the cemetery and a statement setting forth the order and judgment described in ORS 97.890 (Complaint) (1) for which the plaintiff has applied to the court in the complaint. Such summons shall require all parties defendant to appear and show cause why an order should not be made declaring the unused and unimproved portions of the cemeteries to be a common nuisance, directing the cemetery authority to abate the nuisance, creating a lien thereon, providing that it be foreclosed and directing that the unused and unimproved portion of the cemetery be sold within four weeks from and after the date of the first publication thereof. [Amended by 2003 c.576 §359; 2007 c.661 §11]

Source: Section 97.900 — Summons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.207 — OR Code / Title 10 / Chapter 97 / Section 97.207
97.207 Civil action by decedent’s estate authorized for unlawful public display of remains
Status: in_force

(1) The estate of a decedent whose remains are displayed in violation of ORS 97.205 (Prohibition against accepting consideration for public display of human remains) may bring a civil action for injunctive relief, damages or other appropriate relief against any person whose conduct in connection with the display is unlawful under ORS 97.205 (Prohibition against accepting consideration for public display of human remains) .

(2) Upon prevailing in an action brought under this section, the plaintiff may recover:

(a) Both special and general damages, including damages for emotional distress; and

(b) Punitive damages.

(3) Intentionally left blank —Ed.

(a) The court shall award reasonable attorney fees to the prevailing plaintiff in an action brought under this section.

(b) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court. [2023 c.309 §3]

Note: See note under 97.205 (Prohibition against accepting consideration for public display of human remains) .

(Disease, Disinterment, Emergencies)

Source: Section 97.207 — Civil action by decedent’s estate authorized for unlawful public display of remains , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.652 — OR Code / Title 10 / Chapter 94 / Section 94.652
94.652 Electronic notice to owner or director
Status: in_force

(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , 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 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , that otherwise complies with the requirements of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , may be given by electronic mail, facsimile or other form of electronic communication.

(2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of:

(a) Failure to pay an assessment;

(b) Foreclosure of an association lien under ORS 94.709 (Liens against lots) ; or

(c) An action the association may take against an owner.

(3) An owner or director may decline to receive or to continue to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(4) Notice by electronic communication under this section is considered delivered and effective when it:

(a) Is initiated to an address, location or system designated by the recipient for that purpose; or

(b) Is posted on an electronic network and a separate record of the posting has been delivered to the recipient together with instructions regarding how to obtain access to the posting on the electronic network. [2007 c.409 §4; 2021 c.40 §5]

Source: Section 94.652 — Electronic notice to owner or director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.860 — OR Code / Title 10 / Chapter 105 / Section 105.860
105.860 Cause of action against city for compensation
Status: in_force

Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal from the judgment of the circuit court as in other actions. A person having or claiming any right, title or interest in such real property may join as party plaintiff and may intervene in any action involving the real property in which the interest is claimed. [1973 c.702 §3; 2003 c.576 §241]

Source: Section 105.860 — Cause of action against city for compensation; appeal procedure; intervention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.623 — OR Code / Title 10 / Chapter 105 / Section 105.623
105.623 Short title
Status: in_force

ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) may be cited as the Uniform Disclaimer of Property Interests Act. [2001 c.245 §1]

Source: Section 105.623 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.305 — OR Code / Title 10 / Chapter 92 / Section 92.305
92.305 Definitions for ORS 92.305 to 92.495
Status: in_force

As used in ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) :

(1) “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one interest in subdivided or series partitioned land, or an agreement affecting more than one such lot, parcel or interest by which the subdivider, series partitioner or developer holds such subdivision or series partition under an option, contract to sell or trust agreement.

(2) “Commissioner” means the Real Estate Commissioner.

(3) Except as otherwise provided in ORS 92.325 (Application of ORS 92.305 to 92.495) (2), “developer” means a person who purchases a lot, parcel or interest in a subdivision or series partition that does not have a single family residential dwelling or duplex thereon to construct a single family residential dwelling or duplex on the lot, parcel or interest and to resell the lot, parcel or interest and the dwelling or duplex for eventual residential use purposes. “Developer” also includes a person who purchases a lot, parcel or other interest in a subdivision or series partition that does not have a single family residential dwelling or duplex thereon for resale to another person. “Developer” does not mean a “developer” as that term is defined in ORS 100.005 (Definitions) .

(4) “Interest” includes a lot or parcel, and a share, undivided interest or membership which includes the right to occupy the land overnight, and lessee’s interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period more than three years. “Interest” does not include any interest in a condominium as that term is defined in ORS 100.005 (Definitions) or any security interest under a land sales contract, trust deed or mortgage. “Interest” does not include divisions of land created by lien foreclosures or foreclosures of recorded contracts for the sale of real property.

(5) “Negotiate” means any activity preliminary to the execution of a binding agreement for the sale or lease of land in a subdivision or series partition, including but not limited to advertising, solicitation and promotion of the sale or lease of such land.

(6) “Lot,” “parcel” and “partition” have the meaning given those terms in ORS 92.010 (Definitions for ORS 92.010 to 92.192) .

(7) “Person” includes a natural person, a domestic or foreign corporation, a partnership, an association, a joint stock company, a trust and any unincorporated organization. As used in ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) the term “trust” includes a common law or business trust, but does not include a private trust or a trust created or appointed under or by virtue of any last will and testament, or by a court.

(8) “Real property sales contract” means an agreement wherein one party agrees to lease or to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract.

(9) “Sale” or “lease” includes every disposition or transfer of land in a subdivision or a series partition, or an interest or estate therein, by a subdivider or series partitioner or a developer, or their agents, including the offering of such property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the subdivider, series partitioner or developer or their agents.

(10) “Series partitioned lands” and “series partition” mean a series of partitions of land located within this state resulting in the creation of four or more parcels over a period of more than one calendar year.

(11) “Series partitioner” means any person who causes land to be series partitioned into a series partition, or who undertakes to develop a series partition, but does not include a public agency or officer authorized by law to make partitions.

(12) “Subdivided lands” and “subdivision” mean improved or unimproved land or lands divided, or created into interests or sold under an agreement to be subsequently divided or created into interests, for the purpose of sale or lease, whether immediate or future, into 11 or more undivided interests or four or more other interests. “Subdivided lands” and “subdivision” include but are not limited to a subdivision of land located within this state subject to an ordinance adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) and do not include series partitioned lands. “Subdivided lands” and “subdivision” do not mean property submitted to ORS 100.005 (Definitions) to 100.910 (Use of fees) or property located outside this state which has been committed to the condominium form of ownership in accordance with the laws of the jurisdiction within which the property is located.

(13) “Subdivider” means any person who causes land to be subdivided into a subdivision, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to make subdivisions. [1974 c.1 §1; 1975 c.643 §1; 1977 c.484 §30; 1977 c.809 §3a; 1979 c.46 §3; 1979 c.284 §92; 1979 c.650 §21a; 1983 c.570 §7; 1991 c.763 §21]

Source: Section 92.305 — Definitions for ORS 92.305 to 92.495 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.740 — OR Code / Title 10 / Chapter 90 / Section 90.740
90.740 Tenant obligations
Status: in_force

A tenant shall:

(1) Install the tenant’s manufactured dwelling or floating home and any accessory building or structure on a rented space in compliance with applicable laws and the rental agreement.

(2) Except as provided by the rental agreement, dispose from the dwelling or home and the rented space all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386 (Definitions for ORS 459.386 to 459.405) , the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

(3) Behave, and require persons on the premises with the consent of the tenant to behave, in compliance with the rental agreement and with any laws or ordinances that relate to the tenant’s behavior as a tenant.

(4) Except as provided by the rental agreement:

(a) Use the rented space and the facility common areas in a reasonable manner considering the purposes for which they were designed and intended;

(b) Keep the rented space in every part free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin as the condition of the rented space permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem;

(c) Keep the dwelling or home, and the rented space, safe from the hazards of fire;

(d) Install and maintain in the dwelling or home a smoke alarm approved under applicable law;

(e) Install and maintain storm water drains on the roof of the dwelling or home and connect the drains to the drainage system, if any;

(f) Use electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems;

(g) Refrain from deliberately or negligently destroying, defacing, damaging, impairing or removing any part of the facility, other than the tenant’s own dwelling or home, or knowingly permitting any person to do so;

(h) Maintain, water and mow or prune any shrubbery or grass on the rented space;

(i) Maintain and water trees, including cleanup and removal of fallen branches and leaves, on the rented space for a manufactured dwelling except for hazard trees as provided in ORS 90.727 (Maintenance of trees in rented spaces) ; and

(j) Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors. [1999 c.676 §3; 2013 c.443 §3]

Source: Section 90.740 — Tenant obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.416 — OR Code / Title 10 / Chapter 98 / Section 98.416
98.416 Proceeding to compel delivery of unclaimed property
Status: in_force

(1) The State Treasurer may bring a suit or action in a court of appropriate jurisdiction to enforce delivery of property not delivered by a holder as required under ORS 98.352 (Report of abandoned property) .

(2) The State Treasurer may require a holder who fails to pay or deliver property within the time prescribed by ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) to pay interest from the date the State Treasurer determines interest should have been paid. Interest shall be paid at the rate set by the Director of the Department of Revenue pursuant to ORS 305.220 (Interest on deficiency, delinquency or refunds) (1) and (3). [1957 c.670 §26; 1983 c.716 §23; 1993 c.694 §26; 2003 c.272 §7; 2019 c.678 §26]

Source: Section 98.416 — Proceeding to compel delivery of unclaimed property; interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.330 — OR Code / Title 10 / Chapter 97 / Section 97.330
97.330 When dedication is complete
Status: in_force

Upon the filing of the map or plat and of the declaration for record, the dedication is complete for all purposes, and thereafter the property shall be held, occupied and used exclusively for cemetery purposes.

Source: Section 97.330 — When dedication is complete , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.113 — OR Code / Title 10 / Chapter 90 / Section 90.113
90.113 Additional exclusion from application of chapter
Status: in_force

Residence in a licensed program, facility or home described in ORS 430.306 (Definitions) to 430.375 (Fee schedule) , 430.380 (Mental Health Alcoholism and Drug Services Account) , 430.381 (Construction) , 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) , 430.405 (Definition) to 430.565 (Nonapplicability of drug laws to certain persons in treatment program) , 430.570 (Information concerning opiate inhibitors to be made available) , 430.590 (Regulation of location of methadone clinic) , 430.709 (Funding of regional centers for treatment of adolescents with substance use disorders) , 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) , 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) or 443.835 (Certificate required) is not governed by this chapter. [2007 c.715 §2; 2009 c.595 §58]

Source: Section 90.113 — Additional exclusion from application of chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.268 — OR Code / Title 10 / Chapter 93 / Section 93.268
93.268 Notice to state agency of transfer or encumbrance of real property by title insurance company
Status: in_force

(1) As used in this section, “encumbrance” has the meaning given that term in ORS 411.692 (Definition for ORS 93.268 and 411.694) .

(2) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance pursuant to ORS 411.694 (Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance) in the deed and mortgage records when performing a title search on real property shall:

(a) Provide the state agency that filed the request with a notice of transfer or encumbrance of the real property within 30 days of a transfer or encumbrance that results in the issuance of a certificate of title insurance; and

(b) Disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title insurance for the real property.

(3) If the Department of Human Services or the Oregon Health Authority has caused to be recorded a termination of request for notice of transfer or encumbrance in the deed and mortgage records, a title insurance company or agent is no longer required to provide the notice of transfer or encumbrance required by subsection (2)(a) of this section for the affected real property.

(4) A title insurance company or agent shall use the form adopted under ORS 411.694 (Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance) or a form substantially similar to that form when providing the notice required by subsection (2)(a) of this section. [2003 c.638 §3; 2011 c.720 §54]

Note: 93.268 (Notice to state agency of transfer or encumbrance of real property by title insurance company) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 93.268 — Notice to state agency of transfer or encumbrance of real property by title insurance company , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.390 — OR Code / Title 10 / Chapter 90 / Section 90.390
90.390 Discrimination against tenant or applicant
Status: in_force

(1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) and 659A.421 (Discrimination in selling, renting or leasing real property prohibited) .

(2) If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default in rent.

(3) A tenant may prove a landlord’s discrimination in violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) by demonstrating that a facially neutral housing policy has a disparate adverse impact, as described in ORS 659A.425 (Violation based on facially neutral housing policy) , on members of a protected class. [1993 c.369 §24; 1997 c.577 §22; 2003 c.378 §12; 2005 c.391 §32; 2007 c.903 §14; 2008 c.36 §3; 2013 c.294 §11; 2013 c.530 §5]

Source: Section 90.390 — Discrimination against tenant or applicant; tenant defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.605 — OR Code / Title 10 / Chapter 90 / Section 90.605
90.605 Persons authorized to receive notice and demands on landlord’s behalf
Status: in_force

Any person authorized by the landlord of a facility to receive notices and demands on the landlord’s behalf retains this authority until the authorized person is notified otherwise. Written notice of any change in the name or address of the person authorized to receive notices and demands shall be delivered to the residence of each person who rents a space for a manufactured dwelling or floating home or, if specified in writing by the tenant, to another specified address. [Formerly 91.935; 1991 c.844 §11]

Source: Section 90.605 — Persons authorized to receive notice and demands on landlord’s behalf; written notice to change designated person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.030 — OR Code / Title 10 / Chapter 93 / Section 93.030
93.030 Contracts to convey, instruments of conveyance and related memoranda to state consideration
Status: in_force

(1) As used in this section, “consideration” includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume.

(2) All instruments conveying or contracting to convey fee title to any real estate, and all memoranda of such instruments, shall state on the face of the instruments the true and actual consideration paid for the transfer, stated in terms of dollars. However, if the actual consideration consists of or includes other property or other value given or promised, neither the monetary value nor a description of the other property or value need be stated so long as it is noted on the face of the instrument that other property or value was either part or the whole consideration.

(3) The statement of consideration as required by subsection (2) of this section shall be made by a grantor or a grantee. Failure to make such statement does not invalidate the conveyance.

(4) If the statement of consideration is in the body of the instrument preceding the signatures, execution of the instrument shall constitute a certification of the truth of the statement. If there is a separate statement of consideration on the face of the instrument, it shall be signed separately from the instrument, and such execution shall constitute a certification of the truth of the statement by the person signing. A particular form is not required for the statement so long as the requirements of this section are reasonably met.

(5) An instrument conveying or contracting to convey fee title to any real estate or a memorandum of the instrument may not be accepted for recording by any county clerk or recording officer in this state unless the statement of consideration required by this section is included on the face of the instrument.

(6) A transfer of death deed and an instrument revoking a transfer of death deed are not instruments subject to this section. [1967 c.462 §§1,3; 1967 s.s. c.7 §1; 1977 c.605 §1; 1999 c.654 §7; 2011 c.212 §23]

Source: Section 93.030 — Contracts to convey, instruments of conveyance and related memoranda to state consideration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 95.300 — OR Code / Title 10 / Chapter 95 / Section 95.300
95.300 Uniformity of application and construction
Status: in_force

ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) among states enacting it. [1985 c.664 §11]

Source: Section 95.300 — Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 91.255 — OR Code / Title 10 / Chapter 91 / Section 91.255
91.255 Transfer of claim
Status: in_force

(1) As used in this section, “municipal utility” means any city, county or district that provides or delivers electricity, natural gas, domestic water, sewer service or garbage or refuse service. A “municipal utility” does not include a people’s utility district.

(2) A utility company shall not transfer a claim against a tenant to the owner of the real property without the written consent of the owner.

(3) A municipal utility shall not transfer a claim against a tenant to the owner of the real property unless the municipal utility provided notice of the delinquent status to the tenant and mailed a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the utility, within 30 days from the time the payment is due on the account.

(4) A municipal utility shall not deny or shut off its service to any subsequent tenant based on any lien for an unpaid claim for services furnished to a previous tenant who has vacated the premises unless the utility notified the owner or the owner’s agent of any delinquency by mailing a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the utility, at the time the notice was sent to the previous tenant.

(5) A municipal utility may not provide service to a tenant if the tenant has a previous unpaid bill with the municipal utility unless that municipal utility and tenant agree to a plan for repayment of unpaid utility bills.

(6) A municipal utility shall have the same policy regarding the disconnection of services for nonpayment of an outstanding amount for a single family residence occupied by a tenant and for a single family residence occupied by the owner.

(7) A municipal utility shall provide information to the owner or owner’s agent regarding the status of a tenant’s account upon request, within a reasonable amount of time. If a request is made verbally, the municipal utility shall provide the information verbally. If a municipal utility discloses information under this subsection, the municipal utility shall not be held responsible for the disclosure of information to a person who is not an owner or owner’s agent.

(8) Subsections (5) and (6) of this section apply only if a municipal utility intends to file a lien for unpaid utility services or intends to deny service to a subsequent tenant based on a claim for unpaid services to a previous tenant.

(9) Subsection (7) of this section applies only if a municipal utility intends to file a lien for unpaid utility services or intends to deny service to a subsequent tenant based on a claim for unpaid services to a previous tenant.

(10) Nothing in this section creates, expands or abridges any authority of a municipal utility to transfer a claim, based upon any contract, ordinance or lien.

(11) Nothing in this section shall abridge any procedural due process protections such as notice and hearing that a tenant or subsequent tenant is entitled to under a contract, utility policy, rule, statute or the state and federal Constitutions, prior to the denial or shutoff of service. [1987 c.611 §1; 1993 c.786 §1]

Note: 91.255 (Transfer of claim) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 91 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 91.255 — Transfer of claim; prohibition; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 105.430 — OR Code / Title 10 / Chapter 105 / Section 105.430
105.430 Receivership for buildings that constitute threat to public health, safety or welfare
Status: in_force

(1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement.

(2) No less than 60 days prior to the filing of a petition for appointment of a receiver, the city or county shall give written notice by regular mail to all interested parties of the following:

(a) The identity of the property;

(b) The violations of the building or housing codes giving rise to the need for the receiver;

(c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

(d) That the city or county may petition the court for the appointment of a receiver pursuant to ORS 105.420 (Findings) to 105.455 (Short title) unless action is taken within 60 days by an interested party.

(3) A city or county may not file a petition for the appointment of a receiver if:

(a) Probate proceedings have been commenced under ORS chapter 112 and are currently pending in the county of the property for an owner of the property, unless authorized by an order of the probate court.

(b) An interested party has commenced and is timely prosecuting an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance or forfeiture of the purchaser’s interest under a land sale contract.

(4) The petition for the appointment of a receiver pursuant to ORS 105.420 (Findings) to 105.455 (Short title) must be served on all interested parties in the manner provided by ORCP 7 D.

(5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding.

(6) The court shall appoint a receiver under ORS 105.420 (Findings) to 105.455 (Short title) if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and:

(a) No interested party appears within 30 days after service;

(b) An interested party fails to comply with an order under subsection (5) of this section; or

(c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county.

(7) A receiver may be any one of the following:

(a) A housing authority organized under the terms of ORS 456.055 (Definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities) ;

(b) An urban renewal agency organized under the terms of ORS 457.035 (Urban renewal agencies) to 457.320 (Municipal assistance under plan) ;

(c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or

(d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.

(8) A receiver appointed by the court pursuant to ORS 105.420 (Findings) to 105.455 (Short title) may not be required to give security or bond of any sort prior to appointment.

(9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if:

(a) The court finds the city or county has complied with the requirements of this section;

(b) The court finds the property is in an unsafe or insanitary condition;

(c) Intentionally left blank —Ed.

(A) No interested party appears within 30 days after service; or

(B) An interested party fails to comply with an order under subsection (5) of this section;

(d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the property’s real market value, as shown on the property’s most recent tax records;

(e) The property is not currently occupied as a dwelling; and

(f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion.

(10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (Report of abatement expenditures) (2) as provided in ORS 105.445 (Effect on purchase money security interest of lien for unpaid abatement expenses) . [1989 c.649 §4; 1995 c.79 §34; 2019 c.191 §2]

Source: Section 105.430 — Receivership for buildings that constitute threat to public health, safety or welfare; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.130 — OR Code / Title 10 / Chapter 93 / Section 93.130
93.130 Conveyance of land in adverse possession of another
Status: in_force

No grant or conveyance of lands or interest therein is void for the reason that at the time of its execution the lands were in the actual possession of another claiming adversely.

Source: Section 93.130 — Conveyance of land in adverse possession of another , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.335 — OR Code / Title 10 / Chapter 105 / Section 105.335
105.335 Protection of unknown tenants
Status: in_force

If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the person in the same manner, as far as possible, as if the person were known and had appeared.

Source: Section 105.335 — Protection of unknown tenants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.818 — OR Code / Title 10 / Chapter 94 / Section 94.818
94.818 Recording of timeshare instrument
Status: in_force

(1) To submit property located within this state to the provisions of ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) , 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 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) , the developer shall satisfy the requirements of ORS 94.885 (Rights of lienholder) for the recording of a notice of timeshare plan. The timeshare instrument shall comply with ORS 94.821 (Content of timeshare instrument) and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of a deed.

(2) If the developer is not the fee owner of the property, the fee owner and the vendor under any contract of sale and the lessor under any lease shall also execute the timeshare instrument for the purpose of consenting to the property being submitted to the provisions of ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) .

(3) No timeshare instrument shall be recorded unless all taxes, penalties, special assessments, fees and charges that would be required to be paid for subdivisions or partitions under ORS 92.095 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) have been paid in the same manner as provided in ORS 92.095 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) . [1983 c.530 §7; 1993 c.19 §2]

Source: Section 94.818 — Recording of timeshare instrument; payments required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.422 — OR Code / Title 10 / Chapter 98 / Section 98.422
98.422 Rules
Status: in_force

The State Treasurer is authorized to adopt necessary rules to carry out the provisions of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) . [1957 c.670 §27; 1983 c.716 §25; 2019 c.678 §27]

Source: Section 98.422 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.161 — OR Code / Title 10 / Chapter 105 / Section 105.161
105.161 Service and enforcement of writ of execution and eviction trespass notice
Status: in_force

(1) Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows:

(a) The sheriff shall mail a copy of the writ and the eviction trespass notice by first class mail to the defendant at the premises;

(b) The sheriff shall serve the writ and the eviction trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession;

(c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment; and

(d) Following the sheriff’s removal of the defendant and return of possession of the premises to the plaintiff, the plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises, as provided by ORS 105.165 (Alternative method of removing, storing and disposing of tenant’s personal property) .

(2) Following issuance of the writ, at the plaintiff’s request, the sheriff shall delay enforcement and service of the writ.

(3) Any writ not enforced and served within 30 days following issuance expires and becomes unenforceable unless the court extends the operation of the writ before the writ expires based on a showing of good cause by the sheriff. If the court extends the operation of a writ under this subsection, the sheriff shall promptly notify the plaintiff of the extension.

(4) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period of occupancy beginning after the judgment was entered. [2001 c.596 §21 ( 105.151 (Enforcement of judgment of restitution) , 105.152 (Form of notice of restitution for judgment entered under ORS 105.146) , 105.153 (Form of notice of restitution for judgment not entered under ORS 105.146) , 105.156 (Form of writ of execution for judgment of restitution) , 105.157 (Form of eviction trespass notice) , 105.158 (Service of notice of restitution) , 105.159 (Computation of time before plaintiff may request writ of execution) and 105.161 (Service and enforcement of writ of execution and eviction trespass notice) enacted in lieu of 105.154); 2003 c.378 §31; 2011 c.366 §1]

Source: Section 105.161 — Service and enforcement of writ of execution and eviction trespass notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.938 — OR Code / Title 10 / Chapter 105 / Section 105.938
105.938 Court order for retrieval or use of data by insurer
Status: in_force

(1) Upon petition of an insurer, a court may order that data from a motor vehicle event data recorder be retrieved or used without the consent of the owner of the motor vehicle after an accident if the court determines that:

(a) The owner has a policy of insurance for the vehicle issued by the insurer;

(b) The data is necessary to reconstruct the facts of the accident and to allow the insurer to determine the obligations of the insurer under the insurance policy; and

(c) An accurate and timely determination of the facts of the accident cannot occur without the data.

(2) A petition under this section must be filed in the circuit court for the county in which the owner of the motor vehicle resides. The petition must be served on the owner in the manner provided by ORCP 7 not less than 30 days before a hearing on the petition. An insurer filing a petition under this section must pay the filing fee specified by ORS 21.135 (Standard filing fee) . [2007 c.644 §4a; 2011 c.595 §122]

Source: Section 105.938 — Court order for retrieval or use of data by insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.243 — OR Code / Title 10 / Chapter 97 / Section 97.243
97.243 Veterans’ remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents
Status: in_force

(1) A veterans’ remains coordinator who identifies or locates an eligible decedent shall report to the United States Department of Veterans Affairs:

(a) Veteran status information known about the veteran associated with the eligible decedent; and

(b) Contact information for the place and person in possession of the eligible decedent.

(2) The veterans’ remains coordinator shall establish and maintain a list of eligible decedents that are reported under subsection (1) of this section and make the list available in person or by telephone upon request by a county veterans’ service officer. [2023 c.402 §6]

DEDICATION TO CEMETERY PURPOSES; PLATTINGS

Source: Section 97.243 — Veterans’ remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.120 — OR Code / Title 10 / Chapter 90 / Section 90.120
90.120 Applicability of other statutory lien, tenancy and rent provisions
Status: in_force

(1) The provisions of ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.212 (Liability for improper sale of fungible chattels) , 91.010 (When tenancy is deemed to exist) to 91.110 (Notices to be in writing) , 91.130 (Eviction of purchaser or seller of property) , 91.210 (Rents payable in advance unless otherwise agreed) and 91.220 (Tenant in possession liable for rent) do not apply to the rights and obligations of landlords and tenants governed by this chapter.

(2) Any provisions of this chapter that reasonably apply only to the structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home but rents the space on which it is located.

(3) The provisions of ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) :

(a) Do not apply to recreational vehicles located inside or outside of a facility.

(b) Apply only if:

(A) The tenant owns the manufactured dwelling or floating home;

(B) The tenant rents the space on which the dwelling or home is located; and

(C) Except as provided in subsection (4) of this section, the space is in a facility.

(4) ORS 90.512 (Definitions for ORS 90.514 and 90.518) , 90.514 (Disclosure to prospective tenant of improvements required under rental agreement) , 90.516 (Model statement for disclosure of improvements required under rental agreement) and 90.518 (Provider statement of estimated cost of improvements) apply to a converted rental space as defined in ORS 90.512 (Definitions for ORS 90.514 and 90.518) regardless of whether the converted rental space is in a facility.

(5) Residential tenancies not subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) under subsection (3) of this section are subject to ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation) . Tenancies described in this subsection include tenancies for:

(a) Any recreational vehicle;

(b) A manufactured dwelling or floating home, located inside or outside of a facility, if the tenant rents both the dwelling or home and the space; and

(c) A manufactured dwelling or floating home, located outside a facility, if the tenant owns the dwelling or home and rents the space. [Formerly 91.720; 1991 c.844 §28; 1995 c.559 §5; 1997 c.577 §2a; 1999 c.676 §8; 2005 c.41 §2; 2023 c.250 §2]

Source: Section 90.120 — Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.783 — OR Code / Title 10 / Chapter 94 / Section 94.783
94.783 When certain administrative provisions apply
Status: in_force

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 (Recording plats) before January 1, 1984, the provisions of ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) , 94.604 (Transitional advisory committee) , 94.609 (Notice of meeting to turn over administrative responsibility) , 94.616 (Turnover meeting) , 94.700 (Duration and termination of initial management agreements and service and employment contracts) , 94.760 (Promotional material showing possible improvements) and 94.780 (Remedies) shall apply to the planned community. [1983 c.206 §8; 1999 c.677 §68]

Source: Section 94.783 — When certain administrative provisions apply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.100 — OR Code / Title 10 / Chapter 92 / Section 92.100
92.100 Approval of plat by city or county surveyor
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in subsection (4) of this section, before a subdivision or partition plat that covers land within the corporate limits of a city may be recorded, the county surveyor must approve the plat.

(b) Notwithstanding ORS 92.170 (Amending recorded plat) , the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor or, with concurrence of the county surveyor, a contract surveyor to act as city surveyor.

(c) Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is recorded.

(d) All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording.

(e) Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:

(A) The county assessor; and

(B) Intentionally left blank —Ed.

(i) The chairperson of the governing body of the county;

(ii) The vice chairperson of the governing body of the county; or

(iii) A person designated in lieu of the chairperson or vice chairperson.

(f) Intentionally left blank —Ed.

(A) A partition plat is subject only to the approval of the city or county surveyor unless:

(i) The partition plat includes a dedication of land for public road purposes; or

(ii) Provided otherwise by ordinance of the governing body.

(B) The city or county surveyor shall review the partition plat only for compliance with the survey-related provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and 209.250 (Survey by registered land surveyor) .

(2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take measurements and make computations and other determinations necessary to determine that the subdivision plat complies with the survey-related provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and 209.250 (Survey by registered land surveyor) and with survey-related requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county.

(3) Before approving the partition plat as required by this section, the county surveyor shall check the partition plat and make computations and other determinations that the partition plat complies with the survey-related provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and 209.250 (Survey by registered land surveyor) and with the survey-related requirements established pursuant to an ordinance or resolution by the governing body of the controlling city or county.

(4) Before a subdivision or partition plat prepared by the county surveyor in a private capacity may be recorded, the plat must be approved in accordance with subsection (2) or (3) of this section, whichever is applicable, by the surveyor of a county other than the county in which the land is located and who has been designated by the county surveyor.

(5) For performing the service described:

(a) In subsection (2) of this section, the county surveyor shall collect from the subdivider or declarant a fee of $100 plus $5 for each lot contained in the subdivision. The governing body of a city or county may establish a higher fee by resolution or order.

(b) In subsection (3) of this section, the county surveyor shall collect from the partitioner or declarant a fee to be established by the governing body.

(c) In subsection (4) of this section, the designated county surveyor shall collect the applicable subdivision or partition plat check fee, and any travel expenses incurred, as established by the designated county surveyor’s board of commissioners. The subdivision or partition plat check fee and other expenses must be paid by the subdivider, partitioner or declarant prior to approval of the subdivision or partition plat by the designated county surveyor.

(6) Nothing in this section prohibits a city, county or special district from requiring engineering review and approval of a subdivision plat to ensure compliance with state and local subdivision requirements that relate to matters other than survey adequacy.

(7) Granting approval or withholding approval of a final subdivision or partition plat under this section by the county surveyor, the county assessor or the governing body of a city or county, or a designee of the governing body, is not a land use decision or a limited land use decision, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) . [Amended by 1955 c.31 §2; 1955 c.756 §14; 1957 c.688 §1; 1963 c.285 §1; 1971 c.419 §1; 1979 c.824 §1; 1989 c.772 §15; 1991 c.763 §16; 1993 c.453 §1; 1993 c.702 §6; 1999 c.1018 §6; 2003 c.381 §1; 2005 c.239 §1; 2005 c.399 §12a]

Source: Section 92.100 — Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 92.830 — OR Code / Title 10 / Chapter 92 / Section 92.830
92.830 Definitions for ORS 92.830 to 92.845
Status: in_force

As used in ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) , unless the context requires otherwise:

(1) “Declarant” means a person who makes a declaration pursuant to ORS 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) .

(2) “Lot” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192) .

(3) “Manufactured dwelling” has the meaning given that term in ORS 90.100 (Definitions) .

(4) “Manufactured dwelling park” and “mobile home park” have the meanings given those terms in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) .

(5) “Person” has the meaning given that term in ORS 92.305 (Definitions for ORS 92.305 to 92.495) .

(6) “Tenant” means a person who owns and occupies as a residence a manufactured dwelling or mobile home on a rented space in a manufactured dwelling park or mobile home park. [2001 c.711 §1; 2003 c.474 §5; 2011 c.503 §12]

Note: 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 92 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.830 — Definitions for ORS 92.830 to 92.845 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 94.590 — OR Code / Title 10 / Chapter 94 / Section 94.590
94.590 Amendment of declaration by owners
Status: reserved

(1) Intentionally left blank —Ed.

(a) 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.

(b) An amendment under this section may not:

(A) Limit or diminish any right of a declarant reserved under ORS 94.580 (Declaration) (3) or (4) or any other special declarant right without the consent of the declarant. A declarant may waive the declarant’s right of consent.

(B) Change the boundaries of any lot or any uses to which any lot or unit is restricted as stated in the declaration under ORS 94.580 (Declaration) (2)(m) or change the method of determining liability for common expenses, the method of determining the right to common profits or the method of determining voting rights of any lot or unit unless the owners of the affected lots or units unanimously consent to the amendment.

(c) Any changes to the plat, including required approvals or consents of owners or others, are governed by the applicable provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(2) Intentionally left blank —Ed.

(a) Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors or by at least 30 percent of the owners in the planned community.

(b) When the association adopts an amendment to the declaration, the association shall record the amendment in the office of the recording officer in each county in which the planned community is located. An amendment of the declaration is effective only upon recordation.

(3) Notwithstanding a provision in a declaration that requires amendments to be executed and acknowledged by all owners approving the amendment, amendments to a declaration under this section shall be executed and certified on behalf of the association by the president and secretary as being adopted in accordance with the declaration and the provisions of this section and acknowledged in the manner provided for acknowledgment of deeds.

(4) An amendment to a declaration or plat shall be conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to such amendment unless an action is brought within one year after the date such amendment was recorded or the face of the recorded amendment indicates that the amendment received the approval of fewer votes than required for such approval. However, nothing in this subsection shall prevent the further amendment of an amended declaration or plat.

(5) During any period of declarant control, voting on an amendment under subsection (1) of this section shall be without regard to any weighted vote or special voting right reserved by the declarant except as otherwise provided under ORS 94.585 (Authority to amend declaration and initial bylaws to comply with federal or state laws) . Nothing in this subsection is intended to prohibit a declarant from reserving the right to require the declarant’s consent to an amendment during the period reserved in the declaration for declarant control.

(6) The board of directors, upon the adoption of a resolution, may cause a restated declaration to be prepared and recorded to codify individual amendments that have been adopted in accordance with this section or ORS 94.585 (Authority to amend declaration and initial bylaws to comply with federal or state laws) without the further approval of owners. A declaration restated under this subsection must:

(a) Include all previously adopted amendments in effect and may not include any other changes except to correct scriveners’ errors or to conform format and style;

(b) Include a statement that the board of directors has adopted a resolution in accordance with this subsection and is causing the declaration to be restated and recorded under this subsection;

(c) Include a reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments in effect being codified;

(d) Include a certification by the president and secretary of the association that the restated declaration includes all previously adopted amendments in effect and no other changes except, if applicable, to correct scriveners’ errors or to conform format and style; and

(e) Be executed and acknowledged by the president and secretary of the association and recorded in the deed records of each county in which the planned community is located. [1981 c.782 §21; 1999 c.677 §5; 2001 c.756 §9; 2003 c.569 §7; 2007 c.410 §22]

Source: Section 94.590 — Amendment of declaration by owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.650 — OR Code / Title 10 / Chapter 93 / Section 93.650
93.650 Effect of record or certified transcript in evidence
Status: in_force

The record of a conveyance duly recorded, or a transcript thereof certified by the county clerk in whose office it is recorded may be read in evidence in any court in the state, with the like effect as the original conveyance. However, the effect of such evidence may be rebutted by other competent testimony.

Source: Section 93.650 — Effect of record or certified transcript in evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.850 — OR Code / Title 10 / Chapter 90 / Section 90.850
90.850 Owner affidavit certifying compliance with requirements for sale of facility
Status: in_force

(1) A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that:

(a) The owner has complied with the requirements of ORS 90.842 (Notice of sale of facility) , 90.844 (Procedures for purchase of facility by tenants) and 90.846 (Notices and processes in facility transfer) with reference to an offer by the owner for the sale or transfer of the facility.

(b) The owner has complied with the requirements of ORS 90.842 (Notice of sale of facility) , 90.844 (Procedures for purchase of facility by tenants) and 90.846 (Notices and processes in facility transfer) with reference to an offer received by the owner for the purchase or transfer of the facility or to a counteroffer the owner has made or intends to make.

(c) The owner has not entered into a contract for the sale or transfer of the facility to an entity formed by or associated with the tenants.

(d) ORS 90.842 (Notice of sale of facility) , 90.844 (Procedures for purchase of facility by tenants) and 90.846 (Notices and processes in facility transfer) do not apply to a particular sale or transfer of the facility pursuant to ORS 90.848 (Exceptions to facility transfer requirements) .

(2) The following parties have an absolute right to rely on the truth and accuracy of all statements appearing in the affidavit and are not obligated to inquire further as to any matter or fact relating to the owner’s compliance with ORS 90.842 (Notice of sale of facility) , 90.844 (Procedures for purchase of facility by tenants) and 90.846 (Notices and processes in facility transfer) :

(a) A party that acquires an interest in a facility.

(b) A title insurance company, or an attorney, that prepares, furnishes or examines evidence of title.

(3) The purpose and intention of this section is to preserve the marketability of title to facilities. Accordingly, the provisions of this section must be liberally construed in order that all persons may rely on the record title to facilities. [2014 c.89 §5; 2019 c.625 §31]

Source: Section 90.850 — Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.525 — OR Code / Title 10 / Chapter 90 / Section 90.525
90.525 Unreasonable conditions of rental or occupancy prohibited
Status: in_force

(1) A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories.

(2) A landlord may not prohibit a tenant from engaging a real estate agent or a licensed manufactured structure dealer of the tenant’s choice to facilitate the sale or sublease allowed under ORS 90.555 (Subleasing agreements) of the tenant’s manufactured dwelling or floating home.

(3) The landlord of a facility may not require the prospective tenant to purchase a manufactured dwelling or floating home from a particular dealer or one of a group of dealers.

(4) A landlord renting a space for a manufactured dwelling or floating home may not give preference to a prospective tenant who purchased a manufactured dwelling or floating home from a particular dealer.

(5) A manufactured dwelling or floating home dealer may not, as a condition of sale, require a purchaser to rent a space for a manufactured dwelling or floating home in a particular facility or one of a group of facilities, except that a dealer who is a landlord of a facility may require a purchaser of a dwelling or home from the landlord to rent a space for the dwelling or home in the landlord’s facility.

(6) At the time of evaluating an applicant under ORS 90.303 (Evaluation of applicant) or a prospective purchaser under ORS 90.680 (Sale of dwelling or home on rented space) (10)(a) or upon the execution of a rental agreement, whichever is earlier, the landlord of a facility shall provide the applicant, purchaser or tenant a copy of an informational handout regarding rights of tenants and landlords when a tenant is selling a manufactured dwelling or floating home in a facility, in a form prescribed by the Housing and Community Services Department. [Formerly 91.895; 1991 c.844 §7; 2019 c.268 §2]

Source: Section 90.525 — Unreasonable conditions of rental or occupancy prohibited; notice of rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.322 — OR Code / Title 10 / Chapter 90 / Section 90.322
90.322 Landlord or agent access to premises
Status: in_force

(1) A landlord or, to the extent provided in this section, a landlord’s agent may enter into the tenant’s dwelling unit or any portion of the premises under the tenant’s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord’s agent is limited as follows:

(a) A landlord or landlord’s agent may enter upon the premises under the tenant’s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

(b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant’s exclusive control without consent of the tenant, without notice to the tenant and at any time. “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

(c) If the tenant requests repairs or maintenance in writing, the landlord or landlord’s agent, without further notice, may enter upon demand, in the tenant’s absence or without the tenant’s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant’s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant’s written request expires after seven days, unless the repairs are in progress and the landlord or landlord’s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

(d) A landlord and tenant may agree that the landlord or the landlord’s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

(A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

(B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

(C) Is supported by separate consideration recited in the agreement.

(e) Intentionally left blank —Ed.

(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

(i) A landlord and tenant may agree that the landlord or landlord’s agent may enter for that purpose upon the premises under the tenant’s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

(ii) A tenant may deny consent for a landlord or landlord’s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord’s agent prior to, or at the time of, the attempted entry.

(B) As used in this paragraph:

(i) “Yard maintenance or grounds keeping” includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

(ii) “Unreasonable time” refers to a time of day, day of the week or particular time that conflicts with the tenant’s reasonable and specific plans to use the premises.

(f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord’s agent to enter.

(2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

(3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) .

(4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

(5) A landlord has no other right of access except:

(a) Pursuant to court order;

(b) As permitted by ORS 90.410 (Effect of tenant failure to give notice of absence) (2); or

(c) When the tenant has abandoned or relinquished the premises.

(6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant’s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

(7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 (Termination of tenancy for cause) and take possession as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . In addition, the landlord may recover actual damages.

(8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1). In addition, the tenant may recover actual damages not less than an amount equal to one week’s rent in the case of a week-to-week tenancy or one month’s rent in all other cases. [Formerly 90.335; 1997 c.577 §18; 1999 c.603 §19; 1999 c.676 §12; 2005 c.391 §20]

Source: Section 90.322 — Landlord or agent access to premises; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.120 — OR Code / Title 10 / Chapter 92 / Section 92.120
92.120 Recording plats
Status: in_force

(1) The plat of a subdivision described in ORS 92.050 (Requirements of survey and plat of subdivision and partition) , when made and approved as required and offered for record in the records of the county where the described land is situated, must be recorded by the county recording officer upon the payment of the fees provided by law. The fact of recording and the date of recording must be entered on the plat and the plat must be indexed in the deed records by owner name and subdivision.

(2) The partition plat described in ORS 92.050 (Requirements of survey and plat of subdivision and partition) , when made and approved as required and offered for record in the records of the county where the described land is situated, must be recorded by the county recording officer upon the payment of the fees provided by law. The fact of recording and the date of recording must be entered on the plat and the plat must be indexed by owner name and plat type or plat name. Partition plats must be numbered by year and sequentially and be recorded in deed records.

(3) At the time of recording a subdivision or partition plat, the person offering it for recording shall also file with the county surveyor and with the county recording officer, if requested by the county recording officer, an exact copy of the plat made on material that has the characteristics of strength and permanency required by the county surveyor. The surveyor who made the subdivision or partition plat shall certify that the photocopy or tracing is an exact copy of the subdivision or partition plat. The subdivider shall provide without cost the number of prints from the copy that are required by the governing body of the county.

(4) For the purpose of preserving the record of subdivision or town plats or partition plats, the plats may be microfilmed or stored for safekeeping without folding or cutting. All records must be created and stored in accordance with all applicable rules and regulations and in a manner that ensures the permanent preservation of the record. [Amended by 1955 c.756 §16; 1973 c.696 §18; 1977 c.488 §1; 1985 c.582 §10; 1987 c.649 §12; 1989 c.772 §17; 1991 c.763 §17; 1993 c.702 §7; 1995 c.382 §9; 1997 c.489 §6; 1999 c.710 §4; 2005 c.399 §13]

Source: Section 92.120 — Recording plats; filing copies; preservation of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.360 — OR Code / Title 10 / Chapter 105 / Section 105.360
105.360 Exception to report
Status: in_force

The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect as in ordinary cases. If the sale is confirmed the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to the sale, which acts they are hereby authorized to do. The order shall discharge the property of the estate or interest of every person mentioned in ORS 105.260 (Power of court over report) and of tenants for life or years of the property sold. The order shall be binding and conclusive upon all such persons as if it were a judgment for the partition of such property and except as provided in ORS 105.350 (Purchase by referee, conservator or guardian forbidden) , upon all persons whomsoever as to the regularity of the proceedings concerning such sale. [Amended by 2003 c.576 §367]

Source: Section 105.360 — Exception to report; confirmation of sale; order of confirmation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.440 — OR Code / Title 10 / Chapter 97 / Section 97.440
97.440 Removal of dedication
Status: in_force

(1) Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes until the dedication is removed from all or any part of it by an order and decree of the county court or board of county commissioners of the county in which the property is situated in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court that:

(a) The portion of the property from which dedication is sought to be removed is not being used for interment of human remains; or

(b) The Oregon Commission on Historic Cemeteries has received notice of and had the opportunity to comment on the removal from the dedicated property of all human remains and markers dated prior to February 14, 1909.

(2) The notice of hearing required by this section must:

(a) Be given by publication once a week for at least four consecutive weeks in a newspaper of general circulation in the county where the cemetery is located and by publication twice in a newspaper with statewide circulation;

(b) Be posted in three conspicuous places on that portion of the property from which the dedication is to be removed;

(c) Describe the portion of the cemetery property sought to be removed from dedication;

(d) State that all remains and markers have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication; and

(e) Specify the time and place of the hearing. [Amended by 2003 c.237 §1]

Source: Section 97.440 — Removal of dedication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.610 — OR Code / Title 10 / Chapter 93 / Section 93.610
93.610 Separate books for recording deeds and mortgages
Status: in_force

(1) Separate books shall be provided by the county clerk in each county for the recording of deeds and mortgages. In one book all deeds left with the clerk shall be recorded at full length, or as provided in ORS 93.779 (Definitions for ORS 93.779 to 93.802) to 93.802 (Recordation of short form instrument) , with the certificates of acknowledgment or proof of their execution, and in the other all mortgages left with the county clerk shall in like manner be recorded. All other real property interests required or permitted by law to be recorded shall be recorded in the records maintained under ORS 205.130 (Recording duties of county clerk) or in records established under any other law.

(2) Counties maintaining a consolidated index shall record deeds and mortgages and index them in the consolidated index in such a manner as to identify the entries as a deed or mortgage record. All other real property interests required or permitted by law to be recorded shall be recorded in the records kept and maintained under ORS 205.130 (Recording duties of county clerk) or in records established under any other law. [Amended by 1969 c.583 §1; 1987 c.586 §21; 1999 c.654 §9]

Source: Section 93.610 — Separate books for recording deeds and mortgages; consolidated index , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 96.060 — OR Code / Title 10 / Chapter 96 / Section 96.060
96.060 Removal of fence built on another’s land
Status: in_force

(1) When any person has built or builds, by mistake and in good faith, a fence on the land of another, such person or the successor in interest of the person may, within one year from the time of discovering the mistake, go upon the land of the other person and remove the fence, doing no unnecessary damage thereby.

(2) The occupant or owner of land whereon a fence has been built by mistake shall not throw down or in any manner disturb such fence during the period which the person who built it is authorized by subsection (1) of this section to remove it.

Source: Section 96.060 — Removal of fence built on another’s land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors096.­html (accessed May 26, 2025).
ORS § 99.040 — OR Code / Title 10 / Chapter 99 / Section 99.040
99.040 Entry to reclaim not a trespass
Status: in_force

It is not considered a trespass for any person to go upon the land of another for the purpose mentioned in ORS 99.010 (Procedure for reclaiming property placed on another’s land by high water) to 99.030 (Procedure when five or more claimants) if such person shall, if practicable, go upon such route as will do the least possible injury to the land.

Source: Section 99.040 — Entry to reclaim not a trespass , https://www.­oregonlegislature.­gov/bills_laws/ors/ors099.­html (accessed May 26, 2025).
ORS § 100.785 — OR Code / Title 10 / Chapter 100 / Section 100.785
100.785 Blanket encumbrance prohibited
Status: in_force

(1) Subject to the provisions of ORS 100.720 (Conditions prerequisite to sale) , a condominium unit may not be conveyed by a developer subject to a blanket encumbrance.

(2) Notwithstanding subsection (1) of this section, the developer shall conform to an alternative requirement or method which the Real Estate Commissioner may deem acceptable to afford a purchaser the protection provided by the prohibition in subsection (1) of this section. [Formerly 94.465; 2001 c.756 §56]

Source: Section 100.785 — Blanket encumbrance prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.642 — OR Code / Title 10 / Chapter 105 / Section 105.642
105.642 Delivery or filing
Status: in_force

(1) As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:

(a) An annuity or insurance policy;

(b) An account with a designation for payment on death;

(c) A security registered in beneficiary form;

(d) A pension, profit-sharing, retirement or other employment-related benefit plan; or

(e) Any other nonprobate transfer at death.

(2) Subject to subsections (3) to (12) of this section, delivery of a disclaimer may be made by personal delivery, first class mail or any other method likely to result in receipt of the disclaimer.

(3) If the interest to be disclaimed is created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

(a) A disclaimer must be delivered to the personal representative of the decedent’s estate; or

(b) If a personal representative is not serving at the time the disclaimer is made, the disclaimer must be filed with a court having authority to appoint the personal representative.

(4) In the case of an interest in a testamentary trust:

(a) A disclaimer must be delivered to the trustee;

(b) If a trustee is not serving at the time the disclaimer is made but a personal representative for the decedent’s estate is serving, the disclaimer must be delivered to the personal representative; or

(c) If neither a trustee nor a personal representative is serving at the time the disclaimer is made, the disclaimer must be filed with a court having authority to enforce the trust.

(5) In the case of an interest in an inter vivos trust:

(a) A disclaimer must be delivered to the trustee serving at the time the disclaimer is made;

(b) If a trustee is not serving at the time the disclaimer is made, the disclaimer must be filed with a court having authority to enforce the trust; or

(c) If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, the disclaimer must be delivered to the settlor of a revocable trust or the transferor of the interest.

(6) In the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer must be delivered to the person making the beneficiary designation.

(7) In the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer must be delivered to the person obligated to distribute the interest.

(8) In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

(9) In the case of a disclaimer by a person who is an object of an exercise of a power of appointment or a taker in default of an exercise of a power of appointment at any time after the power was created:

(a) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

(b) If a fiduciary is not serving at the time the disclaimer is made, the disclaimer must be filed with a court having authority to appoint the fiduciary.

(10) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

(a) The disclaimer must be delivered to the holder of the power, the personal representative of the holder’s estate or to the fiduciary under the instrument that created the power; or

(b) If a fiduciary is not serving at the time the disclaimer is made, the disclaimer must be filed with a court having authority to appoint the fiduciary.

(11) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (3), (4) or (5) of this section as if the power disclaimed were an interest in property.

(12) In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal’s representative. [2001 c.245 §12]

Source: Section 105.642 — Delivery or filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.623 — OR Code / Title 10 / Chapter 94 / Section 94.623
94.623 Acquisition of special declarant rights by successor declarant
Status: reserved

(1) 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 such transferor’s interest in a planned community, unless:

(a) The conveyance evidences an intent not to transfer any special declarant rights;

(b) An instrument executed by the transferor and the transferee evidences an intent not to transfer any special declarant rights and is recorded in the office of the recording officer of every county in which the property is located; or

(c) The transferee executes an instrument disclaiming any right to exercise any special declarant rights and such instrument is recorded in the office of the recording officer of every county in which the property is located.

(2) A transferee under subsection (1) of this section shall acquire less than all special declarant rights if:

(a) The conveyance from the transferor or an instrument executed by the transferor and the transferee evidences an intent to transfer less than all special declarant rights and states the specific rights being transferred, and such instrument is recorded in the office of the recording officer of every county in which the property is located; or

(b) The transferee executes an instrument disclaiming specific special declarant rights and the instrument is recorded in the office of the recording officer of every county in which the property is located.

(3) When a transferee acquires all of the declarant’s interest in the planned community in which the declarant has reserved the right to expand the planned community under ORS 94.580 (Declaration) , the transferee shall not acquire the right to annex property unless the transferee simultaneously acquires from the declarant property adjacent to the planned community, or unless the conveyance evidences an intent to transfer such right to the transferee.

(4) A declarant or a successor declarant may transfer all or less than all of the transferor’s special declarant rights to a transferee, whether or not any interest in real property is conveyed, by an instrument executed by the declarant or successor declarant and the transferee evidencing an intent to transfer all or specific special declarant rights, which instrument shall be recorded in the office of the recording officer of every county in which the property is located. If the transfer is not subject to subsection (1) of this section, it shall also bear the written consent of any holder of a blanket encumbrance on the planned community.

(5) An instrument disclaiming or transferring special declarant rights shall be properly acknowledged as provided by law.

(6) Intentionally left blank —Ed.

(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.

(b) A transferor may only recover a transferred special declarant right through execution by both the transferor and the successor declarant of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [1999 c.677 §35; 2011 c.532 §2; 2017 c.112 §2]

(Homeowners Association; Management of Planned Community)

Source: Section 94.623 — Acquisition of special declarant rights by successor declarant; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.475 — OR Code / Title 10 / Chapter 92 / Section 92.475
92.475 False or misleading advertising prohibited
Status: in_force

It shall be unlawful for any owner, subdivider, developer, series partitioner, agent or employee of such persons or other person, who with intent, directly or indirectly, to sell or lease subdivided or series partitioned lands or lots, parcels or interests therein, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning subdivided or series partitioned lands, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, any job printer, broadcaster or telecaster liable for any publication referred to in ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) unless the publisher, employee, printer, broadcaster or telecaster has actual knowledge of the falsity thereof or has an interest in the subdivided or series partitioned lands advertised or the sale thereof. [1974 c.1 §17; 1975 c.643 §12; 1983 c.570 §26]

Source: Section 92.475 — False or misleading advertising prohibited; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 97.170 — OR Code / Title 10 / Chapter 97 / Section 97.170
97.170 Disposition of unclaimed body of deceased person
Status: in_force

(1) As used in this section, “indigent person” means a deceased person who does not have a death or final expense benefit or insurance policy that pays for disposition of the deceased person’s body or other means to pay for disposition of the deceased person’s body and:

(a) Who does not have a relative or other person with the legal right to direct and the means to pay for disposition of the deceased person’s body;

(b) Whose relative, or other person, with the legal right to direct the disposition of the deceased person’s body does not pay or arrange to pay for, or refuses to direct, the disposition of the deceased person’s body within 10 days of being notified of the death; or

(c) For whom no person other than a person described in paragraph (a) or (b) of this subsection wishes to direct and pay for the disposition of the deceased person’s body.

(2) The State Mortuary and Cemetery Board shall maintain a list of institutions that may accept or process bodies for education or research purposes.

(3) Intentionally left blank —Ed.

(a) A funeral establishment licensed under ORS 692.146 (Application for funeral establishment or immediate disposition company license) that takes custody of the unclaimed body of a deceased person shall, within five days after taking custody of the body:

(A) Submit a report of death under ORS 432.133 (Mandatory submission and registration of reports of death) ;

(B) Obtain all contact information known to the medical examiner, a health care facility or law enforcement regarding persons listed in ORS 97.130 (Right to control disposition of remains) ;

(C) Attempt to locate and notify the persons listed in ORS 97.130 (Right to control disposition of remains) ;

(D) Arrange with any person listed in ORS 97.130 (Right to control disposition of remains) who will pay the expenses to make disposition of the body;

(E) If no person listed in ORS 97.130 (Right to control disposition of remains) can be located to pay the expenses to make disposition of the body, arrange with a person or institution not listed in ORS 97.130 (Right to control disposition of remains) that will pay the expenses to make disposition of the body;

(F) Determine whether the State Treasurer or other person is appointed as the personal representative of the deceased person pursuant to ORS 113.085 (Preference in appointing personal representative) ; and

(G) Contact the Department of Veterans’ Affairs to determine whether the decedent is eligible for any state or federal benefits.

(b) If no one claims the body within 10 days after the funeral establishment takes custody of the body, or if the persons notified acquiesce, or if the decedent is not eligible for any benefits described in paragraph (a)(G) of this subsection, the funeral establishment may transfer the body to an institution on the list of institutions described in subsection (2) of this section that desires the body for education or research purposes.

(c) If no person or institution claims the body as provided in paragraphs (a) and (b) of this subsection, the funeral establishment may cremate or reduce or bury the body without the consent of persons listed in ORS 97.130 (Right to control disposition of remains) and is indemnified from any liability arising from having made such disposition. The method of disposition must be in the least costly and most environmentally sound manner that complies with law, and that does not conflict with known wishes of the deceased. If the deceased person is an indigent person, the board shall reimburse the funeral establishment for the costs of disposition under subsection (5) of this section.

(d) Intentionally left blank —Ed.

(A) Notwithstanding paragraphs (b) and (c) of this subsection, if the decedent is eligible for state or federal benefits described in paragraph (a)(G) of this subsection, the funeral establishment shall apply for the benefits within 10 days of taking custody of the body.

(B) If no person claims the body within 10 days of taking custody, the funeral establishment may cremate or reduce the body before or after notifying the veterans’ remains coordinator under ORS 97.240 (Funeral establishment assistance to veterans’ remains coordinator regarding veterans’ remains) (3) or cause the body to be buried or interred at a national cemetery administered by the United States Department of Veterans Affairs.

(C) The body of a decedent eligible for benefits described in paragraph (a)(G) of this subsection may not be transferred to an institution described in subsection (2) of this section.

(4) If the deceased person is a child over whom the Department of Human Services held guardianship at the time of death, the department shall promptly attempt to locate and notify the relatives of the deceased child or any other person who has an interest in the deceased child and shall arrange with any person who will pay the expenses to make disposition of the body. If no relatives or interested persons claim the body, the department may transfer the body to an institution that is on the list maintained by the board under subsection (2) of this section that desires the body for education or research purposes, or may authorize burial or cremation or reduction of the body. The department shall pay expenses related to burial or cremation or reduction authorized by the department under this subsection.

(5) Upon receipt of a qualifying statement as required by the board by rule that the deceased person is an indigent person, the board shall reimburse a funeral establishment the reasonable costs for disposition of the body of any unclaimed deceased indigent person. The method of disposition must be in the least costly and most environmentally sound manner that complies with law. The board shall adopt rules establishing the requirements and process for reimbursement and setting the amount that may be reimbursed to a funeral establishment under this subsection. [Amended by 1973 c.842 §1; 1985 c.704 §1; 1993 c.345 §4; 1995 c.162 §62; 2009 c.709 §8; 2015 c.651 §1; 2019 c.678 §53; 2021 c.296 §§7,8; 2023 c.402 §7]

Source: Section 97.170 — Disposition of unclaimed body of deceased person; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.545 — OR Code / Title 10 / Chapter 90 / Section 90.545
90.545 Fixed term tenancy expiration
Status: in_force

(1) Except as provided under subsections (2) to (6) of this section, a fixed term tenancy for space for a manufactured dwelling or floating home, upon reaching its ending date, automatically renews as a month-to-month tenancy having the same terms and conditions, other than duration and rent increases under ORS 90.600 (Increases in rent) , unless the tenancy is terminated under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b), 90.394 (Termination of tenancy for failure to pay rent) , 90.396 (Acts or omissions justifying termination 24 hours after notice) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) .

(2) To renew or extend a fixed term tenancy for another term, of any duration that is consistent with ORS 90.550 (Permissible forms of tenancy) , the landlord shall submit the proposed new rental agreement to the tenant at least 60 days prior to the ending date of the term. The landlord shall include with the proposed agreement a written statement that summarizes any new or revised terms, conditions, rules or regulations.

(3) Notwithstanding ORS 90.610 (Notice of proposed change in rule or regulation) (2), a landlord’s proposed new rental agreement may include new or revised terms, conditions, rules or regulations, if the new or revised terms, conditions, rules or regulations:

(a) Intentionally left blank —Ed.

(A) Fairly implement a statute or ordinance adopted after the creation of the existing agreement; or

(B) Are the same as those offered to new or prospective tenants in the facility at the time the proposed agreement is submitted to the tenant and for the six-month period preceding the submission of the proposed agreement or, if there have been no new or prospective tenants during the six-month period, are the same as are customary for the rental market;

(b) Are consistent with the rights and remedies provided to tenants under this chapter, including the right to keep a pet pursuant to ORS 90.530 (Pets in facilities) ;

(c) Do not relate to the age, size, style, construction material or year of construction of the manufactured dwelling or floating home contrary to ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) (2); and

(d) Do not require an alteration of the manufactured dwelling or floating home or alteration or new construction of an accessory building or structure.

(4) A tenant shall accept or reject a landlord’s proposed new rental agreement at least 30 days prior to the ending of the term by giving written notice to the landlord.

(5) If a landlord fails to submit a proposed new rental agreement as provided by subsection (2) of this section, the tenancy renews as a month-to-month tenancy as provided by subsection (1) of this section.

(6) If a tenant fails to accept or unreasonably rejects a landlord’s proposed new rental agreement as provided by subsection (4) of this section, the fixed term tenancy terminates on the ending date without further notice and the landlord may take possession by complying with ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) .

(7) If a tenancy terminates under conditions described in subsection (6) of this section, and the tenant surrenders or delivers possession of the premises to the landlord prior to the filing of an action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) , the tenant has the right to enter into a written storage agreement with the landlord, with the tenant having the same rights and responsibilities as a lienholder under ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (20), except that the landlord may limit the term of the storage agreement to not exceed six months. Unless the parties agree otherwise, the storage agreement must commence upon the date of the termination of the tenancy. The rights under ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) of any lienholder are delayed until the end of the tenant storage agreement. [2001 c.596 §24; 2003 c.658 §6; 2005 c.22 §64; 2005 c.391 §24; 2015 c.217 §17; 2019 c.625 §52]

Source: Section 90.545 — Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 96.010 — OR Code / Title 10 / Chapter 96 / Section 96.010
96.010 Sharing expenses of partition fence
Status: in_force

Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter’s field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. [Amended by 1981 c.897 §30]

Source: Section 96.010 — Sharing expenses of partition fence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors096.­html (accessed May 26, 2025).
ORS § 94.867 — OR Code / Title 10 / Chapter 94 / Section 94.867
94.867 Judicial declaration of failure in management
Status: in_force

(1) A court of competent jurisdiction, upon petition by timeshare owners constituting at least 10 percent of the total number of timeshare owners in a timeshare plan, may declare a failure in the management of the timeshare plan and timeshare property and appoint a trustee to assume the duties of a managing entity for the timeshare plan, if the court finds that:

(a) The management of the timeshare plan and timeshare property has failed to carry out the duties of a managing entity under the timeshare instrument and ORS 94.846 (Designation of managing entity) to 94.858 (Owners’ association) ;

(b) The rights of the timeshare owners under the timeshare instrument will be substantially impaired if a trustee is not appointed; and

(c) No reasonable alternative exists to appointment of a trustee to perform the functions of a managing entity.

(2) The court may attach such conditions and terms to its appointment of a trustee under subsection (1) of this section as the court considers necessary to protect the rights of timeshare owners under the timeshare instrument.

(3) The trustee shall send a copy of the court’s decision to the Real Estate Commissioner. [1983 c.530 §15; 1991 c.64 §3]

Source: Section 94.867 — Judicial declaration of failure in management , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.435 — OR Code / Title 10 / Chapter 100 / Section 100.435
100.435 Insurance for individual units and common elements
Status: in_force

(1) If the bylaws provide that the association of unit owners has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or that a unit must be repaired or reconstructed, the board of directors shall obtain and maintain at all times and shall pay for out of the common expense funds, the following insurance covering both the common elements and individual units:

(a) Property insurance including, but not limited to, fire, extended coverage, vandalism and malicious mischief; and

(b) Insurance covering the legal liability of the association of unit owners, the unit owners individually and the manager including, but not limited to, the board of directors, the public and the unit owners and their invitees or tenants, incident to ownership, supervision, control or use of the property. There may be excluded from the policy required under this paragraph, coverage of a unit owner, other than coverage as a member of the association of unit owners or board of directors, for liability arising out of acts or omissions of that unit owner and liability incident to the ownership or use of the part of the property as to which that unit owner has the exclusive use or occupancy. Liability insurance required under this paragraph shall be issued on a comprehensive liability basis and shall provide a cross liability indorsement providing that the rights of a named insured under the policy do not prejudice any action against another named insured.

(2) If the bylaws require the individual unit owners to obtain insurance for their units, the bylaws also shall contain a provision requiring the board of directors to obtain the following insurance covering the common elements:

(a) Property insurance including, but not limited to, fire, extended coverage, vandalism and malicious mischief; and

(b) Insurance covering the legal liability of the association of unit owners and the manager including, but not limited to, the board of directors, to the public or the unit owners and their invitees or tenants, incident to supervision, control or use of the property.

(3) The board of directors shall obtain, if reasonably available, terms in insurance policies under this section that provide a waiver of subrogation by the insurer as to any claims against the board of directors of the association.

(4) Notwithstanding a provision in the declaration or bylaws of a condominium, including a condominium created before September 27, 2007, that imposes a maximum deductible amount of $10,000 or less in an association insurance policy, if the board of directors determines that it is in the best interest of the association of unit owners and of the unit owners, as provided in subsection (5) of this section, the board may adopt a resolution authorizing the association to obtain and maintain an insurance policy with a deductible amount exceeding the specified maximum, but not in excess of the greater of:

(a) The maximum deductible acceptable to the Federal National Mortgage Association; or

(b) $10,000.

(5) In making the determination under subsection (4) of this section, the board of directors shall consider such factors as the availability and cost of insurance and the loss experience of the association.

(6) If the declaration or bylaws of a condominium created before September 27, 2007, do not assign the responsibility for payment of the amount of the deductible in an association insurance policy, the board of directors may adopt a resolution that assigns the responsibility for payment of the amount of the deductible. The resolution must include, but need not be limited to:

(a) The circumstances under which the deductible will be charged against:

(A) A unit owner or the unit owners affected by a loss; or

(B) All unit owners;

(b) The allocation of the deductible charged under paragraph (a) of this subsection; and

(c) If a unit owner and the association have duplicate insurance coverage, the insurance policy that is primary, unless otherwise provided in the declaration or bylaws.

(7) If the board of directors adopts a resolution described in subsection (6) of this section, the resolution may require that a unit owner, in addition to any other insurance required by the declaration or bylaws, obtain and maintain:

(a) An insurance policy that insures the unit owner’s unit and appurtenant limited common elements for not less than the amount of the deductible in the association’s insurance policy for which the unit owner may be responsible and that insures the unit owner’s personal property for any loss or damage; and

(b) Comprehensive liability insurance that includes, but is not limited to, coverage for negligent acts of unit owners and tenants, guests of unit owners and tenants and occupants of other units for damage to the general and limited common elements, to other units and to the personal property of other persons that is located in other units or the common elements.

(8) Unless otherwise provided in the declaration or bylaws, the board of directors may adopt a resolution that:

(a) Prescribes a procedure for processing insurance claims. The procedure may require that all claims against the association’s insurance policy be processed through and coordinated by the board of directors or the managing agent, if authorized by the board.

(b) Assigns the responsibility for payment of charges for handling claims, including any charges by a managing agent.

(9) Not later than 10 days after adoption of a resolution under subsection (4), (6) or (8) of this section, the board of directors shall ensure that a copy of the resolution and a notice described in subsection (10) of this section are:

(a) Delivered to each unit owner; or

(b) Mailed to the mailing address of each unit owner or to the mailing address designated in writing by the unit owner.

(10) The notice required under subsection (9) of this section shall:

(a) Advise the unit owner to contact the unit owner’s insurance agent to determine the effect of the resolution on the unit owner’s individual insurance coverage; and

(b) Be in a form and style reasonably calculated to inform the unit owner of the importance of the notice.

(11) Failure to provide a copy of a resolution or a notice required under this section does not affect the responsibility of a unit owner to comply with a resolution adopted under this section.

(12) Intentionally left blank —Ed.

(a) An association of unit owners shall maintain fidelity bond coverage for:

(A) All persons with access to association funds, including directors, officers, employees, managing agents and employees of a management company or entity with which the association contracts.

(B) Computer fraud and funds transfer fraud.

(b) The fidelity bond required under paragraph (a) of this subsection must be in an amount that is at least equal to the combined amount of:

(A) Funds maintained in the name of the association in accounts under ORS 100.480 (Maintaining documents and records) ; and

(B) Any obligations issued by the United States government purchased by the association under ORS 100.480 (Maintaining documents and records) .

(13) Subsection (12) of this section applies to a condominium created before, on or after January 1, 2020.

(14) Following the turnover meeting described in ORS 100.210 (Turnover meeting) , on an annual basis, with the approval of owners representing a majority of the voting rights present at a meeting, the board of directors may elect for the following year to not maintain the fidelity bond coverage required under subsection (12)(a) of this section or to maintain fidelity bond coverage in an amount less than required under subsection (12)(b) of this section. [Formerly 94.177; 1999 c.677 §50; 2007 c.409 §31; 2019 c.66 §2]

Source: Section 100.435 — Insurance for individual units and common elements; fidelity bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 91.040 — OR Code / Title 10 / Chapter 91 / Section 91.040
91.040 Tenancy at sufferance
Status: in_force

One who comes into possession of the real estate of another lawfully, but who holds over by wrong after the termination of the term, is considered as a tenant at sufferance. No notice is required to terminate a tenancy at sufferance.

Source: Section 91.040 — Tenancy at sufferance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 100.115 — OR Code / Title 10 / Chapter 100 / Section 100.115
100.115 Recording declaration and plat
Status: reserved

(1) A plat of the land described in the declaration or a supplemental plat described in a supplemental declaration, complying with ORS 92.050 (Requirements of survey and plat of subdivision and partition) , 92.060 (Marking subdivision, partition or condominium plats with monuments) (1) and (2), 92.080 (Preparation of plat) and 92.120 (Recording plats) , shall be recorded simultaneously with the declaration or supplemental declaration. The plat or supplemental plat shall be titled in accordance with subsection (3) of this section and shall:

(a) Show the location of:

(A) All buildings and public roads. The location shall be referenced to a point on the boundary of the property; and

(B) For a condominium containing units described in ORS 100.020 (Condominium provisions) (3)(b)(C) or (D), the moorage space or floating structure. The location shall be referenced to a point on the boundary of the upland property regardless of a change in the location resulting from a fluctuation in the water level or flow.

(b) Show the designation, location, dimensions and area in square feet of each unit including:

(A) For units in a building described in ORS 100.020 (Condominium provisions) (3)(b)(A), the horizontal and vertical boundaries of each unit and the common elements to which each unit has access. The vertical boundaries shall be referenced to a known benchmark elevation or other reference point as approved by the city or county surveyor;

(B) For a space described in ORS 100.020 (Condominium provisions) (3)(b)(B), the horizontal boundaries of each unit and the common elements to which each unit has access. If the space is located within a structure, the vertical boundaries also shall be shown and referenced to a known benchmark elevation or other reference point as approved by the city or county surveyor;

(C) For a moorage space described in ORS 100.020 (Condominium provisions) (3)(b)(C), the horizontal boundaries of each unit and the common elements to which each unit has access; and

(D) For a floating structure described in ORS 100.020 (Condominium provisions) (3)(b)(D), the horizontal and vertical boundaries of each unit and the common elements to which each unit has access. The vertical boundaries shall be referenced to an assumed elevation of an identified point on the floating structure even though the assumed elevation may change with the fluctuation of the water level where the floating structure is moored.

(c) Identify and show, to the extent feasible, the location and dimensions of all limited common elements described in the declaration. The plat may not include any statement indicating to which unit the use of any noncontiguous limited common element is reserved.

(d) Include a statement, including signature and official seal, of a registered architect, registered professional land surveyor or registered professional engineer certifying that the plat fully and accurately depicts the boundaries of the units of the building and that construction of the units and buildings as depicted on the plat has been completed, except that the professional land surveyor who prepared the plat need not affix a seal to the statement.

(e) Include a surveyor’s certificate, complying with ORS 92.070 (Surveyor’s certificates) , that includes information in the declaration in accordance with ORS 100.105 (Contents of declaration) (1)(a) and a metes and bounds description or other description approved by the city or county surveyor.

(f) Include a statement by the declarant that the property and improvements described and depicted on the plat are subject to the provisions of ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations) .

(g) Include any other information or data not inconsistent with the declaration that the declarant desires to include.

(h) If the condominium is a flexible condominium, show the location and dimensions of all variable property identified in the declaration and label the variable property as “WITHDRAWABLE VARIABLE PROPERTY” or “NONWITHDRAWABLE VARIABLE PROPERTY,” with a letter different from those designating a unit, building or other tract of variable property. If there is more than one tract, each tract shall be labeled in the same manner.

(2) The supplemental plat required under ORS 100.150 (Declarant’s options until termination date) (1) shall be recorded simultaneously with the supplemental declaration. The supplemental plat shall be titled in accordance with subsection (3) of this section and shall:

(a) Comply with ORS 92.050 (Requirements of survey and plat of subdivision and partition) , 92.060 (Marking subdivision, partition or condominium plats with monuments) (1), (2) and (4), 92.080 (Preparation of plat) , 92.120 (Recording plats) and subsection (3) of this section.

(b) If any property is withdrawn:

(A) Show the resulting perimeter boundaries of the condominium after the withdrawal; and

(B) Show the information required under subsection (1)(h) of this section as it relates to any remaining variable property.

(c) If any property is reclassified, show the information required under subsection (1)(a) to (d) of this section.

(d) Include a “Declarant’s Statement” that the property described on the supplemental plat is reclassified or withdrawn from the condominium and that the condominium exists as described and depicted on the plat.

(e) Include a surveyor’s certificate complying with ORS 92.070 (Surveyor’s certificates) .

(3) The title of each supplemental plat described in ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) shall include the complete name of the condominium, followed by the additional language specified in this subsection and the appropriate reference to the stage being annexed or tract of variable property being reclassified. Each supplemental plat for a condominium recorded on or after January 1, 2002, shall be numbered sequentially and shall:

(a) If property is annexed under ORS 100.125 (Annexation of additional property) , include the words “Supplemental Plat No. _____: Annexation of Stage _____”; or

(b) If property is reclassified under ORS 100.150 (Declarant’s options until termination date) , include the words “Supplemental Plat No. _____: Reclassification of Variable Property, Tract _____.”

(4) Upon request of the county surveyor or assessor, the person offering a plat or supplemental plat for recording shall also file an exact copy, certified by the surveyor who made the plat to be an exact copy of the plat, with the county assessor and the county surveyor. The exact copy shall be made on suitable drafting material having the characteristics of strength, stability and transparency required by the county surveyor.

(5) Before a plat or a supplemental plat may be recorded, it must be approved by the city or county surveyor as provided in ORS 92.100 (Approval of plat by city or county surveyor) . Before approving the plat as required by this section, the city or county surveyor shall:

(a) Check the boundaries of the plat and units and take measurements and make computations necessary to determine that the plat complies with this section.

(b) Determine that the name complies with ORS 100.105 (Contents of declaration) (5) and (6).

(c) Determine that the following are consistent:

(A) The designation and area in square feet of each unit shown on the plat and the unit designations and areas contained in the declaration in accordance with ORS 100.105 (Contents of declaration) (1)(d);

(B) Limited common elements identified on the plat and the information contained in the declaration in accordance with ORS 100.105 (Contents of declaration) (1)(h);

(C) The description of the property in the surveyor’s certificate included on the plat and the description contained in the declaration in accordance with ORS 100.105 (Contents of declaration) (1)(a); and

(D) For a flexible condominium, the variable property depicted on the plat and the identification of the property contained in the declaration in accordance with ORS 100.105 (Contents of declaration) (7)(c).

(6) The person offering the plat or supplemental plat for approval shall:

(a) Submit a copy of the proposed declaration and bylaws or applicable supplemental declaration at the time the plat is submitted; and

(b) Submit the original or a copy of the executed declaration and bylaws or the applicable supplemental declaration approved by the commissioner if required by law prior to approval.

(7) For performing the services described in subsection (5)(a) to (c) of this section, the city surveyor or county surveyor shall collect from the person offering the plat for approval a fee of $150 plus $25 per building. The governing body of a city or county may establish a higher fee by resolution or order. [Formerly 94.042; 1991 c.763 §28; 1997 c.489 §8; 1997 c.816 §5; 1999 c.677 §42; 1999 c.710 §7; 2001 c.104 §30; 2001 c.173 §3; 2001 c.756 §28; 2003 c.569 §24; 2005 c.22 §75; 2007 c.410 §17; 2009 c.641 §41; 2023 c.223 §13]

Source: Section 100.115 — Recording declaration and plat; plat contents; supplemental declaration and plat; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.670 — OR Code / Title 10 / Chapter 100 / Section 100.670
100.670 Fees
Status: in_force

(1) A developer or other person required to file materials or information with the Real Estate Commissioner under ORS 100.005 (Definitions) to 100.910 (Use of fees) shall pay to the commissioner a fee as required under subsections (2) and (3) of this section for the review, approval and handling of the filings by the commissioner at the time of the initial filing with the commissioner.

(2) A fee charged by the commissioner under subsection (1) of this section shall be determined by the commissioner to cover the costs of the commissioner’s review, approval or revision activity. The fee shall be based upon an hourly rate that is subject to prior approval of the Oregon Department of Administrative Services and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(3) The commissioner shall collect a deposit of $100 from a developer at the time of submitting a filing described in subsection (1) of this section. The amount of the deposit shall be deducted from the final fee computed as provided in subsection (2) of this section. [Formerly 94.354; 1991 c.703 §3; 2023 c.602 §3]

Source: Section 100.670 — Fees; hourly rate; deposit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.415 — OR Code / Title 10 / Chapter 92 / Section 92.415
92.415 Advance of travel expense for examination of subdivision or series partition
Status: in_force

When an examination is to be made of subdivided or series partitioned lands situated in the State of Oregon, or of subdivided lands situated outside the state which will be offered for sale or lease within this state, the Real Estate Commissioner, in addition to the filing fee provided in ORS 92.345 (Notice of intention) , may require the subdivider or series partitioner to advance payment of an amount estimated by the commissioner to be the expense incurred in going to and returning from the location of the project, and an amount estimated to be necessary to cover the additional expense of such examination, subject to prior approval of the Oregon Department of Administrative Services and within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The amounts estimated by the commissioner, under this section shall be based upon any applicable limits established and regulated by the Oregon Department of Administrative Services under ORS 292.220 (Department to regulate subsistence and mileage allowances for travel) . [1974 c.1 §11; 1975 c.643 §8; 1979 c.242 §6; 1983 c.181 §2; 1983 c.570 §18; 1991 c.703 §2; 2023 c.602 §2]

Source: Section 92.415 — Advance of travel expense for examination of subdivision or series partition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).