ORS § 100.405 — OR Code / Title 10 / Chapter 100 / Section 100.405
100.405 Association of unit owners
Status: reserved

(1) Intentionally left blank —Ed.

(a) An association of unit owners must be organized to serve as a means through which the unit owners may take action with regard to the administration, management and operation of the condominium.

(b) The association of a condominium created on or after September 27, 2007, must be organized:

(A) As a corporation for profit or a nonprofit corporation; or

(B) If the condominium consists of four or fewer units, excluding units used for parking, storage or other use ancillary to a unit, as an unincorporated association, corporation for profit or a nonprofit corporation.

(c) If the association is incorporated:

(A) The name of the association must include the complete name of the condominium.

(B) The articles of incorporation must be consistent with the declaration and bylaws.

(d) For an association described in paragraph (b)(A) of this subsection, the association must be incorporated before conveyance of the first individual unit unless all units in the condominium are conveyed or transferred to one person in one transaction.

(e) Notwithstanding a provision in the declaration or bylaws of a condominium created before September 27, 2007, that states that the association must be unincorporated or that requires approval of owners to incorporate as a nonprofit corporation under ORS chapter 65, an unincorporated association may be incorporated as a nonprofit corporation under ORS chapter 65 if the board of directors adopts a resolution that states the association will be incorporated.

(f) A separate association is not created when an unincorporated association formed under this section is incorporated, reinstated after administrative dissolution under ORS 60.654 (Reinstatement following administrative dissolution) or 65.654 (Reinstatement following administrative dissolution) or again incorporated following dissolution. The association automatically continues and, without any further action by incorporators, directors or officers that may otherwise be required under Oregon corporation laws:

(A) The incorporated association has all of the property, powers and obligations of the association that existed immediately prior to incorporation in addition to the powers and obligations under Oregon corporation laws.

(B) The bylaws in effect immediately prior to incorporation or reinstatement constitute the bylaws of the incorporated association.

(C) The members of the board of directors and the officers continue to serve as directors and officers.

(g) If an incorporated association is at any time dissolved, whether inadvertently or deliberately:

(A) The association continues as an unincorporated association under the same name.

(B) The unincorporated association has all of the property, powers and obligations of the incorporated association existing immediately prior to dissolution.

(C) The unincorporated association is governed by the bylaws, and to the extent applicable, the articles of incorporation of the incorporated association.

(D) The board of directors and the officers serving immediately prior to the dissolution continue to serve as the directors and officers of the unincorporated association.

(2) Membership in the association of unit owners is limited to unit owners.

(3) The affairs of the association are governed by a board of directors as provided for in the bylaws adopted under ORS 100.410 (Adoption of bylaws) .

(4) Subject to the provisions of the condominium’s declaration and bylaws, and whether or not the association is unincorporated, the association may:

(a) Adopt and amend bylaws and rules and regulations;

(b) Adopt and amend budgets for revenues, expenditures and reserves and levy and collect assessments for common expenses from unit owners;

(c) Hire and terminate managing agents and other employees, agents and independent contractors;

(d) Defend against any claims, proceedings or actions brought against it;

(e) Subject to subsection (11) of this section, initiate or intervene in litigation or administrative proceedings in its own name, and without joining the individual unit owners, in the following:

(A) Matters relating to the collection of assessments and the enforcement of declarations and bylaws;

(B) Matters arising out of contracts to which the association is a party;

(C) Actions seeking equitable or other nonmonetary relief regarding matters that affect the common interests of the unit owners, including but not limited to the abatement of nuisance;

(D) Matters relating to or affecting common elements, including but not limited to actions for damage, destruction, impairment or loss of use of any common element;

(E) Matters relating to or affecting the units or interests of unit owners including but not limited to damage, destruction, impairment or loss of use of a unit or portion thereof, if:

(i) Resulting from a nuisance or a defect in or damage to a common element; or

(ii) Required to facilitate repair to any common element; and

(F) Any other matter to which the association has standing under law or pursuant to the declaration, bylaws or any articles of incorporation;

(f) Make contracts and incur liabilities;

(g) Regulate the use, maintenance, repair, replacement and modification of common elements;

(h) Cause additional improvement to be made as a part of the common elements;

(i) Acquire by purchase, lease, devise, gift or voluntary grant real or personal property or any interest therein and take, hold, possess and convey real or personal property or any interest therein;

(j) Impose and receive any payments, fees or charges for the use, rental or operation of the common elements;

(k) Impose charges for late payments of assessments, attorney fees for collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association, provided that the charge imposed or fine levied by the association is based:

(A) On a schedule contained in the declaration or bylaws, or an amendment to either that is delivered to each unit, mailed to the mailing address of each unit or mailed to the mailing addresses designated in writing by the owners; or

(B) On a resolution adopted by the board of directors or the association that is delivered to each unit, mailed to the mailing address of each unit or mailed to the mailing addresses designated by the owners in writing;

(L) Adopt rules regarding the termination of utility services paid for out of assessments of the association and access to and use of recreational and service facilities available to unit owners that must provide for written notice and an opportunity to be heard before the association may terminate the rights of any owners to receive such benefits or services until the correction of any violation covered by the rule has occurred;

(m) Impose reasonable charges for the preparation and recordation of amendments to the declaration or statements of assessments;

(n) Assign its right to future income, including the right to receive common expense assessments;

(o) Provide for the indemnification of its officers and executive board, as may be limited by ORS 61.218 (3)(d) (1987 Replacement Part), and maintain directors’ and officers’ liability insurance;

(p) Exercise any other powers conferred by the declaration or bylaws;

(q) Exercise all other powers that may be exercised in this state by any such association; and

(r) Exercise any other powers determined by the association to be necessary and proper for the governance and operation of the association.

(5) Subject to subsection (6) of this section, unless expressly limited or prohibited by the declaration, the association has the authority to grant, execute, acknowledge and deliver on behalf of the unit owners leases, easements, rights of way, licenses and other similar interests affecting the general common elements and consent to vacation of roadways within and adjacent to the condominium.

(6)(a)(A) Except as provided in subparagraph (B) of this paragraph, the granting of a lease, easement, right of way, license or other similar interest pursuant to subsection (5) of this section must first be approved by at least 75 percent of owners present at a meeting of the association or with the consent of at least 75 percent of all owners solicited by any means the board of directors determines is reasonable. If a meeting is held to conduct the vote, the meeting notice must include a statement that the approval of the grant will be an item of business on the agenda of the meeting.

(B) Unless the declaration otherwise provides:

(i) The granting of a lease, easement, right of way, license or other similar interest affecting the general common elements for a term of two years or less shall require the approval of a majority of the board of directors.

(ii) The granting of a lease, easement, right of way, license or other similar interest affecting the general common elements for a term of more than two years to a public body, as defined in ORS 174.109 (“Public body” defined) , to a utility, to a communications company or to any other person for installation and maintenance of power, gas, electric, water or other utility and communication lines and services requires the approval of a majority of the board of directors.

(iii) The granting of a lease, easement, license or other similar interest to an owner for the exclusive use of a part of the general common elements to which the owner’s unit provides primary access requires the approval of a majority of the board of directors. If the approval by the board of directors includes the right of the owner to make improvements to the general common elements to which the owner is being granted exclusive use, ORS 100.535 (Maintenance and improvement of units) applies to the general common elements to the same extent that ORS 100.535 (Maintenance and improvement of units) applies to a unit, including the right of the board under ORS 100.535 (Maintenance and improvement of units) to require an owner, at owner’s expense, to submit an opinion of a registered architect or registered professional engineer that the proposed improvement will not impair the structural integrity or mechanical systems of the condominium.

(b) Unless the declaration otherwise provides, the consent to vacation of roadways within and adjacent to the condominium must be approved first by at least a majority of unit owners present and voting at a meeting of the association or with consent of at least a majority of all owners solicited by any means the board of directors determines is reasonable. If a meeting is held to conduct the vote, the meeting notice must include a statement that the roadway vacation will be an item of business on the agenda of the meeting.

(7) The instrument granting an interest or consent pursuant to subsection (5) of this section must be executed by the association and acknowledged and shall state that such grant or consent was approved, if appropriate, by at least the percent of owners required under subsection (6) of this section.

(8) Intentionally left blank —Ed.

(a) Unless expressly prohibited by the declaration, any action permitted under subsections (5) and (6) of this section regarding a general common element may be taken with respect to any limited common element as provided in this subsection.

(b) Except as provided in paragraph (c) of this subsection, the easement, lease or other action under this section requires the approval or consent of the owner of the unit to which the use of the limited common element is reserved and the holder of a first mortgage or first trust deed affecting the unit. However, if the use of the limited common element is reserved for five or more units:

(A) When the action is for more than two years, the owners of 75 percent of the units to which the use of the limited common element is reserved must approve or consent.

(B) When the action is for two years or less, the owners of a majority of the units to which the use of the limited common element is reserved must approve or consent.

(c) The instrument granting an interest or consent under this section must:

(A) Be executed by the association and acknowledged.

(B) State that the grant or consent is given pursuant to this subsection.

(C) Include a certification executed by the association stating that the action was approved by the owners in accordance with this subsection.

(9) Except as otherwise provided in the association’s declaration or bylaws, the board of directors of the association may modify, close, remove, eliminate or discontinue the use of a general common element facility or improvement or portion of the common element landscaping, regardless of whether such facility, improvement or landscaping is mentioned in the declaration or shown on the plat provided that:

(a) This subsection does not limit the authority of the board of directors, in its discretion, to seek approval of such modification, closure, removal, elimination or discontinuance by the unit owners; and

(b) Modification, closure, removal, elimination or discontinuance other than on a temporary basis of any swimming pool, spa or recreation or community building must be approved by at least a majority of the unit owners voting on such matter at a meeting or by written ballot held in accordance with the declaration, bylaws or ORS 100.425 (Use of written ballot for approving or rejecting matters subject to meeting of unit owners) .

(10) Intentionally left blank —Ed.

(a) A permit or authorization issued by the board of directors pursuant to authority granted to the board under law, the declaration or the bylaws, may be recorded in the deed records of the county where the condominium is located. An instrument recorded under this subsection must:

(A) Include the name of the condominium and a reference to where the declaration and any applicable supplemental declarations are recorded;

(B) Identify, by the designations stated in the declaration or applicable supplemental declaration, all affected units and common elements;

(C) Include such other information and signatures as may be required by law, under the declaration or bylaws or as the board of directors may desire; and

(D) Be executed by the association and acknowledged.

(b) The board of directors may record an amendment, modification, termination or other instrument relating to the permit or authorization described in this subsection. Any such instrument shall include a reference to the location of the recorded instrument and be executed by the association and acknowledged.

(11) Intentionally left blank —Ed.

(a) Subject to paragraph (f) of this subsection, before initiating litigation or an administrative proceeding in which the association and an owner have an adversarial relationship, the party that intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution program available within the county in which the condominium is located that is in substantial compliance with the standards and guidelines adopted under ORS 36.175 (Rules for administration of dispute resolution programs) . The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party.

(b) If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party, the initiating party may commence the litigation or the administrative proceeding. The notice of acceptance of the offer to participate in the program must contain the name, address and telephone number of the body administering the dispute resolution program.

(c) If a qualified dispute resolution program exists within the county in which the condominium is located and an offer to use the program is not made as required under paragraph (a) of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a motion of the noninitiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process.

(d) Unless a stay has been granted under paragraph (c) of this subsection, if the dispute resolution process is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed.

(e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer to use a dispute resolution program was not made.

(f) The requirements of this subsection do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. [Formerly 94.146; 1997 c.816 §9; 1999 c.677 §47; 2001 c.756 §39; 2003 c.569 §28; 2007 c.410 §11; 2009 c.641 §24; 2011 c.532 §9; 2019 c.69 §31]

Source: Section 100.405 — Association of unit owners; powers; granting of interest in common elements; dispute resolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.760 — OR Code / Title 10 / Chapter 97 / Section 97.760
97.760 Civil action by Indian tribe or member
Status: in_force

(1) Apart from any criminal prosecution, an Indian tribe or enrolled member thereof shall have a civil action to secure an injunction, damages or other appropriate relief against any person who is alleged to have violated ORS 97.745 (Prohibited acts) . The action must be brought within two years of the discovery of the violation by the plaintiff. The action may be filed in the circuit court of the county in which the subject grave, cairn, remains or artifacts are located, or within which the defendant resides.

(2) Any conviction pursuant to ORS 97.990 (Penalties) (5) shall be prima facie evidence of a violation of ORS 97.745 (Prohibited acts) in an action brought under this section.

(3) If the plaintiff prevails:

(a) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation. The court shall order the disposition of any items forfeited as it sees fit, including the reinterment of any human remains in accordance with ORS 97.745 (Prohibited acts) (1);

(b) The plaintiff shall recover imputed damages in an amount not to exceed $10,000 or actual damages, whichever is greater. Actual damages include special and general damages, which include damages for emotional distress;

(c) The plaintiff may recover punitive damages upon proof that the violation was willful. Punitive damages may be recovered without proof of actual damages. All punitive damages shall be paid by the defendant to the Commission on Indian Services for the purposes of Indian historic preservation; and

(d) An award of imputed or punitive damages may be made only once for a particular violation by a particular person, but shall not preclude the award of such damages based on violations by other persons or on other violations.

(4) The court may award reasonable attorney fees to the prevailing party in an action under this section. [1981 c.442 §2; 1995 c.543 §1; 1995 c.618 §55]

Source: Section 97.760 — Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.636 — OR Code / Title 10 / Chapter 105 / Section 105.636
105.636 Disclaimer of interest by trustee
Status: in_force

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. [2001 c.245 §8]

Source: Section 105.636 — Disclaimer of interest by trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.185 — OR Code / Title 10 / Chapter 105 / Section 105.185
105.185 Application of ORS 105.170 to 105.185
Status: in_force

The provisions of ORS 105.170 (Definitions for ORS 105.170 to 105.185) to 105.185 (Application of ORS 105.170 to 105.185) :

(1) Apply to all easements existing on or created after January 1, 1992; and

(2) Do not apply to rights of way held or used by providers of public services including, but not limited to, railroad common carriers, pipeline companies, public utilities, electric cooperatives, people’s utility districts, water utility districts, municipally owned utilities and telecommunications utilities, when used for the sole purpose of provision of service or maintaining or repairing facilities for the provision or distribution of service. [1989 c.660 §6; 1991 c.49 §4]

Source: Section 105.185 — Application of ORS 105.170 to 105.185 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.420 — OR Code / Title 10 / Chapter 90 / Section 90.420
90.420 Enforceability of landlord liens
Status: in_force

(1) A lien or security interest on behalf of the landlord in the tenant’s household goods is not enforceable unless perfected before October 5, 1973.

(2) Distraint for rent is abolished. [Formerly 91.835]

Source: Section 90.420 — Enforceability of landlord liens; distraint for rent abolished , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.983 — OR Code / Title 10 / Chapter 93 / Section 93.983
93.983 Transfer to parent who deserted or neglected transferor
Status: in_force

(1) Property that would pass by transfer on death deed under ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) from a deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is a child or sibling of the transferor, the transferor was an adult when the transferor died and:

(a) The parent of the transferor willfully deserted the transferor for the one-year period immediately preceding the date on which the transferor became an adult; or

(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the one-year period immediately preceding the date on which the transferor became an adult.

(2) Property that would pass by transfer on death deed under ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) from a deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is not a child or sibling of the transferor, the transferor was an adult when the transferor died and:

(a) The parent of the transferor willfully deserted the transferor for the three-year period immediately preceding the date on which the transferor became an adult; or

(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the three-year period immediately preceding the date on which the transferor became an adult.

(3) Property that would pass by transfer on death deed under ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) from the deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is a child or sibling of the transferor, the transferor was a minor when the transferor died and:

(a) The parent of the transferor willfully deserted the transferor for the life of the transferor or for the one-year period immediately preceding the date on which the transferor died; or

(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the life of the transferor or for the one-year period immediately preceding the date on which the transferor died.

(4) Property that would pass by transfer on death deed under ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) from the deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is not a child or sibling of the transferor, the transferor was a minor when the transferor died and:

(a) The parent of the transferor willfully deserted the transferor for the life of the transferor or for the three-year period immediately preceding the date on which the transferor died; or

(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the life of the transferor or for the three-year period immediately preceding the date on which the transferor died.

(5) For the purposes of subsections (1) to (4) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the deceased transferor or neglected without just and sufficient cause to provide proper care and maintenance for the transferor.

(6) For the purposes of subsections (1) to (4) of this section, in determining whether the parent willfully deserted the deceased transferor or neglected without just and sufficient cause to provide proper care and maintenance for the deceased transferor, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the transferor and the parent whose transfer would be forfeited under this section.

(7) The transfer of property, as defined in ORS 93.949 (URPTDA 2. Definitions) , to a parent of a deceased transferor may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor) . A petition filed under ORS 113.035 (Petition for appointment of personal representative and probate of will) may not request the forfeiture of a transfer by a transfer on death deed of a parent of a deceased transferor under this section. [2011 c.212 §20; 2019 c.461 §6]

Note: See note under 93.948 (URPTDA 1. Short title) .

Source: Section 93.983 — Transfer to parent who deserted or neglected transferor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.760 — OR Code / Title 10 / Chapter 105 / Section 105.760
105.760 State or county liability for damages resulting from change of grade of streets
Status: in_force

(1) If consent is given by the governing body of any city to change any grade of any street as such grade has been established or maintained by the consenting city and pursuant thereto the Department of Transportation or a county changes the grade, the state or the county, whichever makes such change of grade, shall be liable for and shall pay just and reasonable compensation for any damage or injury to any real property abutting upon the road or street affected by the grade change.

(2) Any person having any right, title or interest in any such real property has a cause of action against the state or against the county 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 as in any other civil action from a judgment of any circuit court. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving the real property in which the interest is claimed.

(3) The trial circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

(4) The liability of the state or the liability of the county, as the case may be, terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. Any cause of action granted by this section is barred unless such action is commenced within six months after the change of grade is physically completed and accepted by the Department of Transportation or the county. [Formerly 373.040; 1973 c.197 §6; 2003 c.576 §240]

Source: Section 105.760 — State or county liability for damages resulting from change of grade of streets; proceedings on cause of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.853 — OR Code / Title 10 / Chapter 98 / Section 98.853
98.853 Conditions allowing towing
Status: in_force

(1) A tower may tow a motor vehicle if the motor vehicle:

(a) Blocks or prevents access by emergency vehicles;

(b) Blocks or prevents entry to the premises;

(c) Blocks a parked motor vehicle; or

(d) Parks without permission in a parking facility used for residents of an apartment and:

(A) There are more residential units than there are parking spaces;

(B) The landlord has issued parking tags or other devices that identify vehicles that are authorized to be parked on the premises; and

(C) There are signs posted that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility prohibiting or restricting public parking on the parking facility.

(2) Prior to towing a motor vehicle pursuant to ORS 98.812 (Towing of unlawfully parked vehicle) , a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow. The tower shall maintain for at least two years, in electronic or printed form, each photograph taken along with the date and time of the photograph. Upon request, the tower shall provide a copy of any photographs to the owner or operator of the motor vehicle at no additional charge.

(3) Intentionally left blank —Ed.

(a) If the owner or operator of the motor vehicle is present at the time of the tow, the tower shall release the motor vehicle at no charge unless the hookup is complete. If the hookup is complete, the tower shall release the motor vehicle and may charge the owner or operator of the motor vehicle a fee that does not exceed the charge to hook up for that type of tow as listed in a written statement described in ORS 98.856 (Tower responsibility of disclosure to owner or operator of vehicle) .

(b) For purposes of this subsection, a hookup is complete if the motor vehicle to be towed has been loaded onto a tow vehicle, or if any part of the motor vehicle has been placed on or connected to an assembly that is part of a tow vehicle, such that the tow vehicle is capable of being in motion with the motor vehicle in tow.

(4) A tower who controls or has access to multiple storage facilities must tow a motor vehicle to the tower’s storage facility with available space that is located in the same county as and is closest to where the motor vehicle was hooked up to the tow vehicle. [2017 c.480 §9]

Source: Section 98.853 — Conditions allowing towing; conditions requiring release of vehicle , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 92.060 — OR Code / Title 10 / Chapter 92 / Section 92.060
92.060 Marking subdivision, partition or condominium plats with monuments
Status: in_force

(1) The initial point, also known as the point of beginning, of a plat must be on the exterior boundary of the plat and must be marked with a monument that is either galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If an iron or steel rod is used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary corner of a recorded subdivision, partition or condominium plat. When setting a required monument is impracticable under the circumstances, the county surveyor may authorize the setting of another type of monument.

(2) In subdivision plats, the intersections, the initial point, also known as the point of beginning, the point of ending, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, must be marked with monuments either of galvanized iron pipe or iron or steel rods. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If iron or steel rods are used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:

(a) The county surveyor may authorize the setting of another type of monument; or

(b) The county surveyor may waive the setting of the monument.

(3) All lot and parcel corners except lot corners of cemetery lots must be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. When setting a required monument is impracticable under the circumstances:

(a) The surveyor may set another type of monument; or

(b) The county surveyor may waive the setting of the monument.

(4) A surveyor shall set monuments with sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

(5) A surveyor shall set monuments on the exterior boundary of a subdivision, unless the county surveyor waives the setting of a particular monument, where changes in the direction of the boundary occur and shall reference the monuments on the plat of the subdivision before the plat of the subdivision is offered for recording. However, the surveyor need not set the remaining monuments for the subdivision prior to the recording of the plat of the subdivision if:

(a) The registered professional land surveyor performing the survey work certifies that the remaining monuments will be set, unless the county surveyor waives the setting of a particular monument, on or before a specified date as provided in ORS 92.070 (Surveyor’s certificates) (2); and

(b) The person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) or other security as required by the county or city guaranteeing the payment of the cost of setting the remaining monuments for the subdivision as provided in ORS 92.065 (Monumenting certain subdivision corners after recording plat) .

(6) A surveyor shall set all monuments on the exterior boundary and all parcel corner monuments of partitions, unless the county surveyor waives the setting of a particular monument, before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created outside an urban growth boundary that are greater than 10 acres need not be surveyed or monumented.

(7) Except as provided in subsections (8) and (9) of this section, a property line adjustment must be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250 (Survey by registered land surveyor) , must be filed with the county surveyor.

(8) Unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection exempts a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.

(9) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as described in ORS 92.010 (Definitions for ORS 92.010 to 92.192) (9)(e). [Amended by 1955 c.756 §11; 1973 c.696 §12; 1983 c.309 §4; 1989 c.772 §9; 1991 c.331 §20; 1991 c.763 §11; 1993 c.702 §4; 1995 c.79 §32; 1995 c.382 §5; 1997 c.268 §2; 1997 c.489 §3; 1997 c.631 §391; 1999 c.1018 §3; 2005 c.230 §3; 2005 c.399 §7a; 2007 c.866 §9; 2008 c.12 §4]

Source: Section 92.060 — Marking subdivision, partition or condominium plats with monuments; types of monuments; property line adjustment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.305 — OR Code / Title 10 / Chapter 100 / Section 100.305
100.305 Conversion condominium
Status: in_force

(1) A declarant of a conversion condominium shall give each of the existing tenants of any building which the declarant intends to submit to the provisions of this chapter notice of the conversion at least 120 days before the conversion condominium is submitted to the provisions of this chapter. Thereafter, until the property is submitted to the provisions of this chapter, the declarant shall provide a copy of such notice to any new tenant before the commencement of the tenancy. The notice of conversion shall:

(a) State that the declarant intends to create a conversion condominium and include general information relating to the nature of condominium ownership.

(b) State that the notice does not constitute a notice to terminate the tenancy.

(c) State whether there will be a substantial alteration of the physical layout of the unit.

(d) State whether the declarant intends to offer the unit for sale and, if so:

(A) Set forth the rights of the tenant under ORS 100.310 (Rights of tenants in conversion) (1) to (3), including the time available for the declarant to make an offer to sell and for the tenant to respond;

(B) Set forth a good faith estimate of the approximate price range for which the unit will be offered for sale to the tenant under ORS 100.310 (Rights of tenants in conversion) (1) and (2);

(C) Set forth a good faith estimate of the monthly operational, maintenance and any other common expenses or assessments appertaining to the unit;

(D) State that financial assistance for purchasing the unit may be available from a local governing body, the Housing and Community Services Department or a regional housing center;

(E) Give contact information for the local regional housing center or, if no regional housing center exists, for the Housing and Community Services Department; and

(F) State that the landlord may not terminate the tenancy without cause if the termination would take effect before the end of the 120-day period described in this subsection or the 60-day period described in ORS 100.310 (Rights of tenants in conversion) .

(e) Include information in substantially the following form:

During the 120 days following the receipt of this notice, your landlord may increase your rent only as follows:

If your rental agreement says that your rent will increase on a particular date and by a definite amount, the landlord may increase the rent as provided in your rental agreement.

If your rental agreement allows rent increases but does not say that your rent will increase on a particular date and by a definite amount, the landlord may not increase your rent by a percentage that is more than the percentage increase in the general cost of living. An increase in the general cost of living is measured by the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(f) Be hand delivered to the dwelling unit of the tenant or sent to the tenant at the address of the dwelling unit by certified mail, return receipt requested.

(2) A notice of conversion given under subsection (1) of this section:

(a) Shall be for the sole purpose of providing the tenant with general information regarding the anticipated cost of acquisition of the unit and estimated monthly expenses.

(b) Does not obligate the declarant to submit the property to the provisions of this chapter.

(c) Does not constitute an offer to sell the unit to the tenant or an offer to sell at a particular price.

(d) Is not a limitation on monthly common expenses or assessments.

(3) The notice of conversion given under subsection (1) of this section must be delivered to the tenant at least 30 days prior to the presentation of an offer to sell under ORS 100.310 (Rights of tenants in conversion) (1) and (2).

(4) The declarant shall send a copy of the notice of conversion to the mayor of the city in which the conversion condominium is located or, if the conversion condominium is not located in a city, to the county commission or county court.

(5) A notice of conversion that does not contain the information required by subsection (1)(a) to (e) of this section, or that is not sent to the mayor, county commission or county court as required by subsection (4) of this section, does not begin the 120-day period required by subsection (1) of this section. Notwithstanding any prior delivery of a deficient notice of conversion, the 120-day period required by subsection (1) of this section does not begin until the date a valid notice is delivered. A tenant, mayor, county commission or county court entitled to notice may bring an action for injunctive relief to prevent the conversion until the declarant has complied with the notice requirement.

(6) The declaration may be recorded prior to the end of the 120-day period required under subsection (1) of this section with the written consent of all tenants who received the notice of conversion less than 120 days before the date of such consent.

(7) The requirement under subsection (1) of this section to provide a copy of the notice of conversion to new tenants shall not extend the 120-day period nor shall such tenant’s consent be required to record the declaration prior to the end of the 120-day period as provided for under subsection (6) of this section.

(8) A notice of conversion does not constitute a notice to terminate the tenancy. [Formerly 94.116; 2007 c.705 §1; 2019 c.57 §8]

Source: Section 100.305 — Conversion condominium; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.031 — OR Code / Title 10 / Chapter 92 / Section 92.031
92.031 Middle housing land division
Status: in_force

(1) As used in this section, “middle housing land division” means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197A.420 (Duplexes) (2) or (3).

(2) A city or county shall approve a tentative plan for a middle housing land division if the application includes:

(a) A proposal for development of middle housing in compliance with the Oregon residential specialty code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420 (Duplexes) (5);

(b) Separate utilities for each dwelling unit;

(c) Proposed easements necessary for each dwelling unit on the plan for:

(A) Locating, accessing, replacing and servicing all utilities;

(B) Pedestrian access from each dwelling unit to a private or public road;

(C) Any common use areas or shared building elements;

(D) Any dedicated driveways or parking; and

(E) Any dedicated common area;

(d) Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas; and

(e) Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon residential specialty code.

(3) A city or county may add conditions to the approval of a tentative plan for a middle housing land division to:

(a) Prohibit the further division of the resulting lots or parcels.

(b) Require that a notation appear on the final plat indicating that the approval was given under this section.

(4) In reviewing an application for a middle housing land division, a city or county:

(a) Shall apply the procedures under ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) .

(b) May require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420 (Duplexes) .

(c) May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.

(d) May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land) that are inconsistent with this section or ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) .

(e) May allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing.

(f) May require the dedication of right of way if the original parcel did not previously provide a dedication.

(5) The type of middle housing developed on the original parcel is not altered by a middle housing land division.

(6) Notwithstanding ORS 197A.425 (Accessory dwelling units) (1), a city or county is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division.

(7) The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval. Nothing in this section or ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees) prohibits a city or county from requiring a final plat before issuing building permits. [2021 c.103 §2]

Note: 92.031 (Middle housing land division) was added to and made a part of 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.031 — Middle housing land division; conditions of approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.915 — OR Code / Title 10 / Chapter 105 / Section 105.915
105.915 Recording instrument creating lease or lease option of real property for wind energy conversion system
Status: in_force

(1) An instrument creating a lease or an option to lease real property or the vertical space above real property for a wind energy conversion system or for wind measuring equipment shall be recordable under ORS 93.710 (Instruments or memoranda creating certain interests in realty) .

(2) An instrument described in subsection (1) of this section shall contain:

(a) The parties’ names;

(b) A legal description of the real property involved;

(c) The nature of the interest created;

(d) The consideration paid for the transfer; and

(e) The terms or conditions, if any, under which the interest may be revised or terminated.

(3) As used in this section, “wind energy conversion system” means any device, supporting structure, mechanism or series of mechanisms that uses wind for the production of electricity or a mechanical application. [1981 c.590 §4]

Source: Section 105.915 — Recording instrument creating lease or lease option of real property for wind energy conversion system; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.578 — OR Code / Title 10 / Chapter 90 / Section 90.578
90.578 Conversion to submeter or direct billing for large parks
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, a landlord that assesses the tenants of a manufactured dwelling park containing 200 or more spaces in the facility a utility or service charge for water by pro rata billing shall convert the method of assessing the utility or service charge to direct billing or submeter billing. The landlord shall complete the conversion no later than December 31, 2012. A conversion under this section to submeter billing is subject to ORS 90.574 (Conversion to submeter or pro rata billing for water) .

(2) A landlord that provides water to a manufactured dwelling park solely from a well or from a source other than those listed in ORS 90.562 (Utility and service charges) (6) is not required to comply with subsection (1) of this section.

(3) A landlord is not required to comply with subsection (1) of this section if the landlord:

(a) Bills for water provided to a space using pro rata billing by apportioning the utility provider’s charge to tenants with, notwithstanding ORS 90.568 (Pro rata billing) (2)(c), consideration of only:

(A) The number of tenants or occupants in the manufactured dwelling compared with the number of tenants or occupants in the manufactured dwelling park; and

(B) The size of a tenant’s space as a percentage of the total area of the manufactured dwelling park.

(b) Bases two-thirds of the charge to the tenants on the factor described in paragraph (a)(A) of this subsection and one-third of the charge on the factor described in paragraph (a)(B) of this subsection.

(c) Determines the number of tenants or occupants in each dwelling unit and in the manufactured dwelling park at least annually.

(d) Demonstrates significant other conservation measures, including:

(A) Testing for leaks in common areas of the manufactured dwelling park at least annually, repairing significant leaks within a reasonable time and making test results available to tenants;

(B) Testing each occupied manufactured dwelling and space for leaks without charge to a tenant occupying the dwelling at least annually and making test results available to the tenant;

(C) Posting annually in any manufactured dwelling park office and in any common area evidence demonstrating that per capita consumption of water in the manufactured dwelling park is below the area average for single-family dwellings, as shown by data from the local provider of water; and

(D) Taking one or more other reasonable measures to promote conservation of water and to control costs, including educating tenants about water conservation, prohibiting the washing of motor vehicles in the manufactured dwelling park and requiring drip irrigation systems or schedules for watering landscaping.

(e) Amends the rental agreement of each tenant to describe the provisions of this subsection and subsection (4) of this section and to describe the use of the pro rata billing method with additional conservation measures. The landlord may make the amendment to the rental agreement unilaterally and must provide written notice of the amendment to the tenant at least 60 days before the amendment is effective.

(4) If a landlord subject to this section adopts conservation measures described in subsection (3) of this section to avoid having to comply with subsection (1) of this section:

(a) Notwithstanding ORS 90.580 (Entry to read submeter) or 90.725 (Landlord or agent access to rented space) (2), a tenant must allow a landlord access to the tenant’s space and to the tenant’s manufactured dwelling so the landlord can test for water leaks as provided by subsection (3)(d)(B) of this section.

(b) The landlord must give notice consistent with ORS 90.725 (Landlord or agent access to rented space) (3)(e) before entering the tenant’s space or dwelling to test for water leaks.

(c) A landlord may require a tenant to repair a significant leak in the dwelling found by the landlord’s test. The tenant shall make the necessary repairs within a reasonable time after written notice from the landlord regarding the leak, given the extent of repair needed and the season. The tenant’s responsibility for repairs is limited to leaks within the tenant’s dwelling and from the connection at the ground under the dwelling into the dwelling. If the tenant fails to make the repair as required, the landlord may terminate the tenancy pursuant to ORS 90.630 (Termination by landlord) .

(d) Notwithstanding ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) (3)(c), a landlord shall maintain the water lines within a tenant’s space up to the connection with the dwelling, including repairing significant leaks found in a test.

(e) A landlord may use pro rata billing with the allocation factors described in ORS 90.568 (Pro rata billing) (2)(c) for common areas.

(f) Notwithstanding ORS 90.568 (Pro rata billing) (4), a landlord may include in the utility or service charge the cost to read water meters and to bill tenants for water if those tasks are performed by a third party service and the landlord allows the tenants to inspect the third party’s billing records as provided by ORS 90.582.

(5) A tenant may file an action for injunctive relief to compel compliance by a landlord with the requirements of subsections (1), (3) and (4) of this section and for actual damages plus at least two months’ rent as a penalty for noncompliance by the landlord with subsections (1), (3) and (4) of this section. A landlord is not liable for damages for a failure to comply with the requirements of subsections (1), (3) and (4) of this section if the noncompliance is only a good faith mistake by the landlord in counting the number of tenants and occupants in each dwelling unit or the manufactured dwelling park pursuant to subsection (3)(a) of this section. [Formerly 90.543]

Source: Section 90.578 — Conversion to submeter or direct billing for large parks , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.536 — OR Code / Title 10 / Chapter 94 / Section 94.536
94.536 Definitions for ORS 94.536 and 94.538
Status: in_force

As used in this section and ORS 94.538 (Transferable development credit systems) :

(1) “Conservation easement” has the meaning given that term in ORS 271.715 (Definitions for ORS 271.715 to 271.795) .

(2) “Governmental unit” means a city, county, metropolitan service district or state agency as defined in ORS 171.133 (Approval of Governor required for state agency measure introduction) .

(3) “Holder” has the meaning given that term in ORS 271.715 (Definitions for ORS 271.715 to 271.795) .

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

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

(6) “Receiving area” means a designated area of land to which a holder of development credits generated from a sending area may transfer the development credits and in which additional uses or development, not otherwise allowed, are allowed by reason of the transfer.

(7) “Resource land” means:

(a) Lands outside an urban growth boundary planned and zoned for farm use, forest use or mixed farm and forest use.

(b) Lands inside or outside urban growth boundaries identified:

(A) In an acknowledged local or regional government inventory as containing significant wetland, riparian, wildlife habitat, historic, scenic or open space resources; or

(B) As containing important natural resources, estuaries, coastal shorelands, beaches and dunes or other resources described in the statewide land use planning goals.

(c) “Conservation Opportunity Areas” identified in the “Oregon Conservation Strategy” adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

(8) “Sending area” means a designated area of resource land from which development credits generated from forgone development are transferable, for uses or development not otherwise allowed, to a receiving area.

(9) “Tract” has the meaning given that term in ORS 215.010 (Definitions) .

(10) “Transferable development credit” means a severable development interest in real property that can be transferred from a lot, parcel or tract in a sending area to a lot, parcel or tract in a receiving area.

(11) “Transferable development credit system” means a land use planning tool that allows the record owner of a lot, parcel or tract of resource land in a sending area to voluntarily sever and sell development interests from the lot, parcel or tract for purchase and use by a potential developer to develop a lot, parcel or tract in a receiving area at a higher intensity than otherwise allowed.

(12) “Urban growth boundary” has the meaning given that term in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) .

(13) “Urban reserve” has the meaning given that term in ORS 197A.230 (Definitions for ORS 197A.230 to 197A.250) . [2009 c.504 §2; 2010 c.5 §1; 2023 c.13 §72]

Note: See note under 94.534 (Policy on transferable development credit systems) .

Source: Section 94.536 — Definitions for ORS 94.536 and 94.538 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.121 — OR Code / Title 10 / Chapter 105 / Section 105.121
105.121 Forms in action for possession of group recovery home
Status: in_force

(1) A former tenant removed from a group recovery home under ORS 90.440 (Termination of tenancy in group recovery home) may bring an action for injunctive relief to recover possession if the removal was wrongful or in bad faith.

(2) An action under this section shall be governed by the provisions of ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) except that:

(a) The complaint shall be in substantially the following form and shall be available from the court clerk:

(Tenant), )

Plaintiff(s), )

)

vs. ) No.___

)

(Landlord), )

)

Defendant(s). )

Defendant is a group recovery home subject to ORS 90.440 (Termination of tenancy in group recovery home) . Defendant removed plaintiff from the group recovery home dwelling unit rented by plaintiff from defendant at:

______________ (street and number)

______________ (city)

______________ (county)

Notice of removal from the dwelling unit was served on plaintiff under ORS 90.440 (Termination of tenancy in group recovery home) . The notice of removal was served on:

______________ (date)

Plaintiff is entitled to possession of the dwelling unit because:

______ Defendant removed plaintiff wrongfully by failing to comply with the procedural requirements of ORS 90.440 (Termination of tenancy in group recovery home) .

______ Defendant removed plaintiff wrongfully because plaintiff did not use or possess alcohol, marijuana or illegal drugs within seven days preceding delivery of a written notice of removal.

______ Defendant removed plaintiff under ORS 90.440 (Termination of tenancy in group recovery home) in bad faith.

Wherefore, plaintiff prays for possession of the group recovery home dwelling unit and costs and disbursements incurred herein.

________ ______________

Date Signature of plaintiff

(b) The complaint shall be signed by the plaintiff or an attorney representing the plaintiff as provided by ORCP 17 and served by personal delivery on the group recovery home house president or a person in an equivalent leadership position for the group recovery home.

(c) The answer shall be in substantially the following form and shall be available from the court clerk:

(Tenant), )

)

Plaintiff(s), )

)

vs. ) No.___

)

(Landlord), )

)

Defendant(s). )

We deny that the plaintiff is entitled to possession of the group recovery home dwelling unit that is the subject of the complaint because:

______ The defendant removed the plaintiff in compliance with the procedural requirements of ORS 90.440 (Termination of tenancy in group recovery home) .

______ The plaintiff used or possessed alcohol, marijuana or illegal drugs as described in ORS 90.440 (Termination of tenancy in group recovery home) within seven days preceding delivery of a written notice of removal.

______ The defendant did not remove the plaintiff in bad faith as alleged.

We ask that the plaintiff take nothing by the complaint and that we be awarded our costs and disbursements.

________ ______________

Date Signature of defendant

(d) The issue at trial shall be limited to whether the plaintiff is entitled to possession of the dwelling unit described in the complaint.

(e) If the basis for the complaint is that removal was wrongful because the plaintiff did not use or possess alcohol, marijuana or illegal drugs, the defendant has the burden of proving that the plaintiff used or possessed alcohol, marijuana or illegal drugs as described in ORS 90.440 (Termination of tenancy in group recovery home) within seven days preceding delivery of the written notice of removal.

(f) A claim for damages may not be asserted by either party in the action for possession of the dwelling unit under this section, but each party may pursue any claim for damages in a separate action.

(g) A party may join an action for possession of the dwelling unit with an action for damages or a claim for other relief, but the proceeding is not governed by the provisions of ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) .

(h) If the court determines that the plaintiff is entitled to possession of the dwelling unit that is the subject of the complaint, the court shall enter an order directing the defendant to return possession of the dwelling unit to the plaintiff. The court may provide that the defendant have a period of time to deliver possession of the dwelling unit to the plaintiff.

(i) Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS 90.255 (Attorney fees) . [2007 c.715 §5; 2017 c.21 §36]

Source: Section 105.121 — Forms in action for possession of group recovery home; limitation on issues; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.860 — OR Code / Title 10 / Chapter 93 / Section 93.860
93.860 Bargain and sale deed form
Status: in_force

(1) Bargain and sale deeds may be in the following form:

_____, Grantor, conveys to _____, Grantee, the following described real property: (Describe the property conveyed.)

(Following description of property, here insert statement required under ORS 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property) (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration) .)

Dated this _____ day of _____, 2___.

(2) A deed in the form of subsection (1) of this section shall have the following effect:

(a) It shall convey the entire interest in the described property at the date of the deed which the deed purports to convey.

(b) The grantor, the heirs, successors and assigns of the grantor, shall be forever estopped from asserting that the grantor had, at the date of the deed, an estate or interest in the land less than that estate or interest which the deed purported to convey and the deed shall pass any and all after acquired title.

(3) A bargain and sale deed shall not operate to provide any covenants of title in the grantee and the successors of the grantee. [1973 c.194 §3; 1999 c.214 §3]

Source: Section 93.860 — Bargain and sale deed form; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.465 — OR Code / Title 10 / Chapter 90 / Section 90.465
90.465 Right of city to recover from owner for costs of relocating tenant due to condemnation
Status: in_force

(1) A city with a population that exceeds 300,000 shall have a right of action against the owner of any premises to recover the reasonable costs of relocation incurred by the city because the condition of the premises causes condemnation and relocation of the tenants at public expense. In order to recover the costs, the city must allege and prove that, due to action or inaction of the owner, the premises are or have been in multiple and material violation of applicable health or safety codes for a period of more than 30 days and that the violation endangers the health or safety of the tenants or the public, or both.

(2) It shall be an affirmative defense to recovery of relocation costs incurred for any tenant that the condition was caused by the action or negligence of that tenant.

(3) The official responsible for city code enforcement shall notify the owner in writing when the official finds the premises to be in a condition that may cause tenant relocation. The notice shall also inform the owner of the potential liability for relocation costs.

(4) A landlord may not terminate a rental agreement because of the receipt of the notice required by subsection (3) of this section except for the reasons set forth in ORS 90.385 (Retaliatory conduct by landlord) (4). The owner is not liable for tenant relocation costs if the termination is for the reasons set forth in ORS 90.385 (Retaliatory conduct by landlord) (4)(b).

(5) The action provided in subsection (1) of this section is in addition to any other action that may be brought against an owner under any other provision of law. [Formerly 90.450]

Source: Section 90.465 — Right of city to recover from owner for costs of relocating tenant due to condemnation; defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.440 — OR Code / Title 10 / Chapter 93 / Section 93.440
93.440 Proof of execution by subscribing witness
Status: in_force

Proof of the execution of any conveyance may be made before any officer authorized to take acknowledgments of deeds, and shall be made by a subscribing witness thereto, who shall state the place of residence of the witness, and that the witness knew the person described in and who executed the conveyance. Such proof shall not be taken unless the officer is personally acquainted with the subscribing witness, or has satisfactory evidence that the witness is the same person who was a subscribing witness to the instrument.

Source: Section 93.440 — Proof of execution by subscribing witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.150 — OR Code / Title 10 / Chapter 100 / Section 100.150
100.150 Declarant’s options until termination date
Status: in_force

(1) With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS 100.115 (Recording declaration and plat) and 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) , the declarant may:

(a) Reclassify all or a portion of the property designated as variable property in the declaration and on the plat, as one or more general common elements, limited common elements, units or a combination of the elements and units;

(b) Unless designated in the declaration and on the plat or in a supplemental declaration and on the supplemental plat as nonwithdrawable variable property, withdraw all or a portion of the variable property from the condominium; and

(c) Subject to the requirements of ORS 100.105 (Contents of declaration) (7)(m), change the designation of all or a portion of variable property designated withdrawable variable property in the declaration and on the plat or in a supplemental declaration and on the supplemental plat to nonwithdrawable variable property.

(2) Until variable property is withdrawn or reclassified as provided in subsection (1) of this section or under ORS 100.155 (Variable property) (1):

(a) The property is a distinct classification of property and may not be a common element or unit of the condominium.

(b) The property is considered a parcel of real property and is subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property.

(c) Unless otherwise specifically provided in the declaration or supplemental declaration:

(A) The declarant shall pay all assessments, taxes and other expenses of the variable property. If the declarant fails to pay any expenses of any variable property designated as nonwithdrawable variable property, the board of directors may elect to pay the expenses and assess the unit owners as a common expense. All costs incurred may be charged to the declarant.

(B) Ownership or occupancy of variable property does not confer any right to use the common elements of the condominium.

(C) Ownership or occupancy of units does not confer any right to use variable property.

(D) Variable property is not subject to assessments for expenses of the condominium. [Formerly 94.021; 2001 c.756 §32; 2019 c.69 §10]

Source: Section 100.150 — Declarant’s options until termination date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.104 — OR Code / Title 10 / Chapter 92 / Section 92.104
92.104 District to report boundary locations
Status: in_force

(1) For the purposes of providing cities and counties with the necessary information to fulfill the requirements of ORS 92.103 (Notice to district of tentative plan) , each irrigation district, drainage district, water control district and water improvement district shall submit a report detailing the locations of the district boundaries, district facilities and any easements and rights of way held by the district to each city and county in which any part of the district is located.

(2) An irrigation district, drainage district, water control district or water improvement district that submits a report to a city or a county under subsection (1) of this section shall give notice to the city or the county within 90 days of any change to the location of a district boundary, district facility or any easement or right of way held by the district. [2017 c.357 §4]

Note: 92.104 (District to report boundary locations) was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.104 — District to report boundary locations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.632 — OR Code / Title 10 / Chapter 90 / Section 90.632
90.632 Termination of tenancy due to physical condition of manufactured dwelling or floating home
Status: in_force

(1) A landlord may terminate a month-to-month or fixed term rental agreement and require the tenant to remove a manufactured dwelling or floating home from a facility, due to the physical condition of the exterior of the manufactured dwelling or floating home, only by complying with this section and ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . A termination shall include removal of the dwelling or home.

(2) A landlord may not require removal of a manufactured dwelling or floating home, or consider a dwelling or home to be in disrepair or deteriorated, 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) .

(3) Except as provided in subsections (4) and (6) of this section, if the exterior of the tenant’s dwelling or home is in disrepair or is deteriorated, a landlord may terminate a rental agreement and require the removal of a dwelling or home by giving to the tenant not less than 60 days’ written notice before the date designated in the notice for termination.

(4) If the disrepair or deterioration of the manufactured dwelling or floating home creates a risk of imminent and serious harm to dwellings, homes or persons within the facility, a landlord may terminate a rental agreement and require the removal of the dwelling or home by giving to the tenant not less than 30 days’ written notice before the date designated in the notice for termination. The notice shall describe the risk of harm.

(5) The notice required by subsections (3) and (4) of this section must:

(a) State facts sufficient to notify the tenant of the specific disrepair or deterioration that is the cause or reason for termination of the tenancy and removal of the dwelling or home;

(b) State that the tenant can avoid termination and removal by correcting the cause for termination and removal within the notice period;

(c) If reasonably known by the landlord, describe specifically what repairs are required to correct the disrepair or deterioration that is the cause for termination;

(d) Describe the tenant’s right to give the landlord a written notice of correction, where to give the notice and the deadline for giving the notice in order to ensure a response by the landlord, all as provided by subsection (7) of this section; and

(e) Describe the tenant’s right to have the termination and correction period extended as provided by subsection (8) of this section.

(6) The tenant may avoid termination of the tenancy by correcting the cause within the period specified. However, if substantially the same condition that constituted a prior cause for termination of which notice was given recurs within 12 months after the date of the notice, the landlord may terminate the tenancy and require the removal of the dwelling or home upon at least 30 days’ written notice specifying the violation and the date of termination of the tenancy.

(7) During the termination notice or extension period, the tenant may give the landlord written notice that the tenant has corrected the cause for termination. Within a reasonable time after the tenant’s notice of correction, the landlord shall respond to the tenant in writing, stating whether the landlord agrees that the cause has been corrected. If the tenant’s notice of correction is given at least 14 days prior to the end of the termination notice or extension period, failure by the landlord to respond as required by this subsection is a defense to a termination based upon the landlord’s notice for termination.

(8) Except when the disrepair or deterioration creates a risk of imminent and serious harm to dwellings, homes or persons within the facility, the 60-day period provided for the tenant to correct the cause for termination and removal shall be extended by at least:

(a) An additional 60 days if:

(A) The necessary correction involves exterior painting, roof repair, concrete pouring or similar work and the weather prevents that work during a substantial portion of the 60-day period; or

(B) The nature or extent of the correction work is such that it cannot reasonably be completed within 60 days because of factors such as the amount of work necessary, the type and complexity of the work and the availability of necessary repair persons;

(b) An additional six months if the disrepair or deterioration has existed for more than the preceding 12 months with the landlord’s knowledge or acceptance as described in ORS 90.412 (Waiver of termination of tenancy) ; or

(c) An additional 10 months if the disrepair or deterioration relates to the float of a floating home.

(9) In order to have the period for correction extended as provided in subsection (8) of this section, a tenant must give the landlord written notice describing the necessity for an extension in order to complete the correction work. The notice must be given a reasonable amount of time prior to the end of the notice for termination period.

(10) A tenancy terminates on the date designated in the notice and without regard to the expiration of the period for which, by the terms of the rental agreement, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(11) This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent) or for other cause under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b), 90.396 (Acts or omissions justifying termination 24 hours after notice) , 90.398 (Termination of tenancy for drug or alcohol violations) or 90.630 (Termination by landlord) by complying with ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) .

(12) A landlord may give a copy of the notice for termination required by this section to any lienholder of the dwelling or home, by first class mail with certificate of mailing or by any other method allowed by ORS 90.150 (Service or delivery of actual notice) (2) and (3). A landlord is not liable to a tenant for any damages incurred by the tenant as a result of the landlord giving a copy of the notice in good faith to a lienholder.

(13) When a tenant has been given a notice for termination pursuant to this section and has subsequently abandoned the dwelling or home as described in ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) , any lienholder shall have the same rights as provided by ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) , including the right to correct the cause of the notice, within the 90-day period provided by ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (20) notwithstanding the expiration of the notice period provided by this section for the tenant to correct the cause. [1999 c.603 §2b and 1999 c.676 §4; 2001 c.596 §39; 2003 c.658 §7; 2005 c.22 §66; 2005 c.391 §26; 2007 c.906 §33; 2015 c.217 §18; 2017 c.324 §2; 2019 c.625 §34]

Source: Section 90.632 — Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.574 — OR Code / Title 10 / Chapter 90 / Section 90.574
90.574 Conversion to submeter or pro rata billing for water
Status: in_force

(1) A landlord may unilaterally amend a rental agreement as provided in this section to convert a tenant’s existing utility or service billing method for water or wastewater:

(a) From rent-included billing or pro rata billing to submeter billing; or

(b) From rent-included billing to pro rata billing.

(2) At least one month prior to installing submeters for a billing conversion under subsection (1)(a) of this section or prior to conversion to pro rata billing under subsection (1)(b) of this section, the landlord shall:

(a) Deliver to each tenant a written notice that describes:

(A) The landlord’s intention to convert the water billing method;

(B) The proposed new water and wastewater billing method;

(C) The reason for the conversion; and

(D) The process and schedule for the conversion, including the date, time and location of the meeting described in paragraph (c) of this subsection;

(b) Deliver to each tenant a copy of a handout developed by the Housing and Community Services Department that describes the laws regarding utility conversions and billing; and

(c) Meet with the tenants to explain the conversion and answer questions regarding utility and service billing and to distribute a sample utility and service charge statement with an explanation of each entry on the statement.

(3) The department shall prepare a handout described in subsection (2)(b) of this section in consultation with representatives of facility landlords and tenants.

(4) Intentionally left blank —Ed.

(a) If the landlord converts to submeter billing under this section, after the installation of the submeters and before the landlord may convert to submeter billing, the first three utility billing periods shall serve as a trial period during which the landlord shall give the tenant a mock-up example of the submeter billing for each billing period that shows what the tenant’s bill would be using submeter billing.

(b) Following the trial period described in paragraph (a) of this subsection, a landlord is not required to test the submeters for accuracy.

(5) If the landlord converts to pro rata billing under this section, after the conversion and no less frequently than every three years, the landlord shall:

(a) Conduct testing of every portion of any utility or service line for water that serves the common areas and up to the connection to the dwelling or home;

(b) Make the results of any testing available to the tenants; and

(c) Fix any leaks within a reasonable time and consistent with ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) .

(6) If the landlord converts from rent-included billing to pro rata billing or submeter billing under this section, the landlord shall reduce the tenant’s rent on a pro rata basis beginning with the landlord’s first billing of the tenant using pro rata billing or submeter billing by no less than an amount reasonably comparable to the amount of the rent previously allocated to the utility or service cost averaged over at least the 12-month period of available utility or service billings immediately preceding the first billing following the conversion. Before the landlord first bills the tenant using pro rata billing or submeter billing following the conversion, the landlord shall provide the tenant with written documentation from the utility or service provider showing the landlord’s cost for the utility or service provided to the facility during the 12-month period used to determine the rent reduction. A landlord may offset all or part of a rent reduction required by this subsection against a future rent increase provided in a fixed term rental agreement entered into prior to the delivery of the notice of conversion under subsection (2) of this section.

(7) A landlord that installs submeters under this section may recover from a tenant the cost of installing the submeters, including costs to improve or repair existing utility or service system infrastructure necessitated by the installation of the submeters, only as follows:

(a) By raising the rent, as with any capital expense in the facility, except that the landlord may not raise the rent for this purpose within the first six months after installation of the submeters; or

(b) In a manufactured dwelling park, by imposing a special assessment pursuant to a written special assessment plan adopted unilaterally by the landlord. The plan may include only the landlord’s actual costs to be recovered on a pro rata basis from each tenant with payments due no more frequently than monthly over a period of at least 60 months. Payments must be itemized as a separate charge from the utility or service charge. The landlord must give each tenant a copy of the plan at least 90 days before the first payment is due. Payments may not be due before the completion of the installation, and must begin within six months after completion. A new tenant of a space subject to the plan may be required to make payments under the plan. Payments must end when the plan ends. The landlord is not required to provide an accounting of plan payments made during or after the end of the plan.

(8) A landlord that converts to submeter billing from rent-included billing under this section may unilaterally, and at the same time as the conversion to submeters, convert the billing for common areas to pro rata billing by including the change in the notice required by subsection (2) of this section. If the landlord continues to use rent-included billing for common areas, the landlord may offset against the rent reduction required by subsection (6) of this section an amount that reflects the cost of serving the common areas. If the utility or service provider cannot provide an accurate cost for the service to the common areas, the landlord shall assume the cost of serving the common areas to be 20 percent of the total cost billed. This offset is not available if the landlord chooses to bill for the common areas using pro rata billing.

(9) If storm water service and wastewater service are not measured by the submeter, a landlord that installs submeters to measure water consumption and converts to submeter billing from rent-included billing under this section may continue to recover the cost of the storm water service or wastewater service in the rent or may unilaterally, and at the same time as the conversion to submeters, convert the billing for the storm water service or wastewater service to pro rata billing by including the change in the notice and meeting required by subsection (2) of this section. If the landlord converts the billing for the storm water service or wastewater service to pro rata billing, the landlord must reduce the rent to reflect that charge, as required by subsection (6) of this section.

(10) A rental agreement amended under this section must include language that fairly describes the provisions of this section.

(11) If a landlord installs a submeter on an existing utility or service line to a space or common area that is already served by that line, unless the installation causes a system upgrade, a local government may not assess a system development charge as defined in ORS 223.299 (Definitions for ORS 223.297 to 223.316) as a result of the installation. [Formerly 90.537]

Source: Section 90.574 — Conversion to submeter or pro rata billing for water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.572 — OR Code / Title 10 / Chapter 90 / Section 90.572
90.572 Submeter billing
Status: in_force

(1) If allowed by a written rental agreement, a landlord using submeter billing may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant’s space as measured by a submeter.

(2) A utility or service charge to be assessed to a tenant under this section may consist of only:

(a) The cost of the utility or service provided to the tenant’s space and under the tenant’s control, as measured by the submeter, at a rate no greater than the average rate billed to the landlord by the utility or service provider, not including any base or service charge;

(b) The cost of any sewer service for wastewater as a percentage of the tenant’s water charge as measured by a submeter, if the utility or service provider charges the landlord for sewer service as a percentage of water provided;

(c) A pro rata portion of the cost of sewer service for storm water and wastewater if the utility or service provider does not charge the landlord for sewer service as a percentage of water provided;

(d) A pro rata portion of any public service charge assessed to the landlord under ORS 90.570 (Public service charge pro rata apportionment) ;

(e) A pro rata portion of costs to provide a utility or service to a common area;

(f) A pro rata portion of any base or service charge billed to the landlord by the utility or service provider, including but not limited to any tax passed through by the provider; and

(g) A pro rata portion of the cost to read water meters and to bill tenants for water if:

(A) A third party service reads the meters and bills tenants for the landlord;

(B) The third party service charge does not include any other costs, including costs for repairs, maintenance, inspections or collection efforts; and

(C) The landlord allows the tenants to inspect the third party’s billing records as provided by ORS 90.582.

(3) Except as provided in subsection (2) of this section, the landlord may not bill or collect more money from tenants for utilities or services than the utility or service provider charges the landlord. A utility or service charge to be assessed to a tenant under this section may not include any additional charge, including any costs of the landlord, for the installation or maintenance of the utility or service system or any profit for the landlord. [Formerly 90.536]

Source: Section 90.572 — Submeter billing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.568 — OR Code / Title 10 / Chapter 90 / Section 90.568
90.568 Pro rata billing
Status: in_force

(1) If allowed by a written rental agreement, a landlord using pro rata billing may require a tenant to pay to the landlord a utility or service charge that was billed by a utility or service provider to the landlord for a utility or service provided directly to the tenant’s space or to a common area available to the tenant as part of the tenancy. A landlord may include in pro rata billing a public service charge under ORS 90.570 (Public service charge pro rata apportionment) .

(2) Intentionally left blank —Ed.

(a) As used in this subsection, “occupied” means that a tenant resides in the dwelling or home during each month for which the utility or service is billed.

(b) A pro rata billing charge to tenants for the tenants’ spaces under this section must be allocated among the tenants by a method that reasonably apportions the cost among the affected tenants and that is described in the rental agreement.

(c) Methods that reasonably apportion the cost among the tenants include, but are not limited to, methods that divide the cost based on:

(A) The number of occupied spaces in the facility;

(B) The number of tenants or occupants in the dwelling or home compared with the number of tenants or occupants in the facility, if there is a correlation with consumption of the utility or service; or

(C) The square footage in each dwelling, home or space compared with the total square footage of occupied dwellings or homes in the facility or the square footage of the facility, if there is a correlation with consumption of the utility or service.

(3) A utility or service charge to be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from the utility or service charge for the tenant’s space.

(4) A landlord may not:

(a) Bill or collect more money from tenants for utilities or services than the utility or service provider charges the landlord.

(b) Increase the utility or service charge to the tenant by adding any costs of the landlord, such as a handling or administrative charge. [Formerly 90.534]

Source: Section 90.568 — Pro rata billing; apportionment methods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.600 — OR Code / Title 10 / Chapter 93 / Section 93.600
93.600 Description of real property for purposes of recordation
Status: in_force

Unless otherwise prescribed by law, real property shall be described for recordation by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbers, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page, document number or fee number of any public record of the county where the description may be found or in such other manner as to cause the description to be capable of being made certain. However, description by tax lot number shall not be adequate. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property. [1987 c.586 §2; 1989 c.772 §26; 1995 c.382 §10]

Source: Section 93.600 — Description of real property for purposes of recordation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.834 — OR Code / Title 10 / Chapter 105 / Section 105.834
105.834 Owner’s immunity from liability for theft of metal property
Status: in_force

(1) As used in this section, “owner” means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title.

(2) An owner of land is not liable for personal injury, death or property damage that arises out of:

(a) Theft or attempted theft of metal property as defined in ORS 165.116 (Definitions for ORS 165.116 to 165.124) from the owner’s land; or

(b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS 165.116 (Definitions for ORS 165.116 to 165.124) from the owner’s land when the owner did not know or could not reasonably have known of the hazardous condition.

(3) The immunities provided under this section apply to:

(a) Public and private land;

(b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owner’s land; and

(c) Machinery or equipment on the owner’s land.

(4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. [2009 c.811 §10]

Source: Section 105.834 — Owner’s immunity from liability for theft of metal property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.005 — OR Code / Title 10 / Chapter 105 / Section 105.005
105.005 Right of action
Status: in_force

(1) Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner of the property.

(2) In an action brought under subsection (1) of this section or in a separate action for damages only, a person who, throughout the vesting period, used or occupied land of another with the honest and objectively reasonable belief that the person was the actual legal owner of the land shall not be liable for:

(a) Double or treble damages under ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) (1) to (3) or 105.815 (When double damages are awarded for trespass) ; or

(b) The value of the use or occupation of the land by the person throughout the vesting period. [Amended by 1989 c.1069 §2; 1991 c.109 §1; 1999 c.544 §3]

Source: Section 105.005 — Right of action; recovery; damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.245 — OR Code / Title 10 / Chapter 90 / Section 90.245
90.245 Prohibited provisions in rental agreements
Status: in_force

(1) A rental agreement may not provide that the tenant:

(a) Agrees to waive or forgo rights or remedies under this chapter;

(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;

(c) Agrees to the exculpation or limitation of any liability arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or

(d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (Fees allowed for certain landlord expenses) (2)(e).

(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent. [Formerly 91.745; 2009 c.431 §11]

Source: Section 90.245 — Prohibited provisions in rental agreements; remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.352 — OR Code / Title 10 / Chapter 98 / Section 98.352
98.352 Report of abandoned property
Status: in_force

(1) A holder of property presumed abandoned under 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) shall deliver to the State Treasurer the report described in subsection (2) of this section and shall pay or deliver to the State Treasurer, for deposit in the Unclaimed Property and Estates Fund, all property presumed abandoned, except that for the following funds the holder is not required to deliver the funds presumed abandoned to the State Treasurer:

(a) Funds transferred to the General Fund under ORS 293.455 (Refusal of payment of unpresented checks) (1)(a).

(b) Funds in the possession of the Child Support Program described in ORS 180.345 (Child Support Program) .

(c) Funds described in ORS 9.725 (Appointment of bar or attorney as custodian of law practice) (3) or 98.386 (Deposit of funds) (2) that are held in lawyer trust accounts or in the possession of the Oregon State Bar.

(2) A report must include:

(a) Except with respect to traveler’s checks and money orders, the name, if known, and address, if known, of each person appearing from the records of the holder to be the owner of any property of value of $50 or more presumed abandoned under 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) ;

(b) In case of unclaimed funds of life insurance corporations, the full name of the insured or annuitant and last-known address according to the life insurance corporation’s records;

(c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $50 each may be reported in aggregate;

(d) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and

(e) Other information that the State Treasurer prescribes by rule as necessary for the administration 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) .

(3) If the holder of property presumed abandoned is a successor to other holders or has had a name change while holding the property, the holder shall file with the report all prior known names and addresses and effective dates of changes.

(4) The holder shall file the report after October 1, but no later than November 1, of each year for accounts dormant as of June 30. Upon written request from any person required to file a report, the State Treasurer may postpone the reporting date. All records are exempt from public review for 12 months from the time the property is reportable and for 24 months after the property has been remitted to the State Treasurer. All lists of records or property held by a government or public authority under ORS 98.336 (Wages or property held by government and public authorities) are exempt from public review until 24 months after the property is remitted to the State Treasurer.

(5) If the holder of property presumed abandoned under 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) knows the whereabouts of the owner and if the owner’s claim is not barred by the statute of limitations, the holder shall, before filing the report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner at least 60 days before filing the report.

(6) If the property presumed abandoned is a lawyer trust account established by an attorney or law firm, the report required by this section must indicate that the account is a lawyer trust account.

(7) The holder shall verify the accuracy of the information contained in the report. Verification must be executed by a partner if made by a partnership, by an officer if made by an unincorporated association or private corporation and by the chief fiscal officer if made by a public corporation. [1957 c.670 §13; 1967 c.357 §2; 1981 c.475 §4; 1983 c.716 §9; 1993 c.694 §6; 1997 c.86 §1; 1999 c.798 §2; 2003 c.73 §48; 2009 c.462 §1; 2019 c.678 §10; 2021 c.424 §10; 2023 c.238 §7]

Source: Section 98.352 — Report of abandoned property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 92.837 — OR Code / Title 10 / Chapter 92 / Section 92.837
92.837 Application of city or county comprehensive plans and land use regulations
Status: in_force

(1) Except as provided in subsection (2) of this section, city or county comprehensive plans and land use regulations that applied at the time the manufactured dwelling park or mobile home park was approved continue to apply to park land that is converted to a subdivision pursuant to 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) until the earlier of:

(a) The sale of all of the newly created lots in accordance with ORS 92.840 (Sale of subdivision lots) and the issuance of permits to allow the placement of a manufactured dwelling on each of those lots; or

(b) Ten years after conversion of the manufactured dwelling park or mobile home park to a subdivision.

(2) An original or replacement manufactured dwelling may be placed on a park space that has been converted to a subdivision lot under ORS 92.835 (Subdivision of manufactured dwelling park or mobile home park) if:

(a) The manufactured dwelling is constructed and installed in accordance with state and federal standards; and

(b) The owner of the lot has 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 local improvement district described in this paragraph must be for the construction of a capital improvement described in ORS 223.299 (Definitions for ORS 223.297 to 223.316) (1)(a)(A) to (C).

(3) Notwithstanding subsection (2)(b) of this section, 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. [2003 c.474 §2]

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

Source: Section 92.837 — Application of city or county comprehensive plans and land use regulations; placement of new or replacement manufactured dwelling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 101.020 — OR Code / Title 10 / Chapter 101 / Section 101.020
101.020 Definitions
Status: in_force

As used in this chapter:

(1) “Affiliated organization” means any profit or not-for-profit corporation, limited liability company, partnership, sole proprietorship, sponsoring entity or other form of legal entity:

(a) That is the lessor of the real property on which the facilities of the provider are situated;

(b) That a provider has identified in its disclosure statement pursuant to ORS 101.050 (Preparation of disclosure statement by provider) (1)(e); or

(c) In which any director or executive officer of a provider or of any manager of a provider has an equity or debtor financial interest in excess of $10,000.

(2) “Applicant” means a provider that has submitted an application and disclosure statement to register as a continuing care retirement community.

(3) “Application fee” means a fee charged to an individual or individuals, prior to execution of a residency agreement, apart from an entrance fee.

(4) “Audited financial statement” means a provider’s financial statement that has been prepared in accordance with generally accepted accounting principles and that has been audited by an independent certified public accountant in accordance with generally accepted auditing standards and includes notes to the financial statement that state whether or not the continuing care retirement community is in compliance with its reserve requirements.

(5) “Closed bed long term care facility” means a licensed long term care facility in a continuing care retirement community that is used exclusively by individuals receiving long term care services under a residency agreement.

(6) “Continuing care” means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care.

(7) “Continuing care retirement community” or “CCRC” means any provider that is registered with the Department of Human Services and agrees to furnish continuing care to a resident under a residency agreement.

(8) “Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of one or more residents in a continuing care retirement community. A fee that is less than the sum of the regular periodic charges for one year of residency is not an entrance fee.

(9) “Health related services” includes, but is not limited to, nursing care, assistance with activities of daily living, long term care and rehabilitative services.

(10) “Living unit” means a room, apartment, cottage or other area set aside for the exclusive use of the resident.

(11) “Manager” means a person, corporation, partnership, association or other legal entity that enters into a contractual arrangement with the provider to manage the continuing care retirement community. However, “manager” does not include individuals employed by the provider or corporations affiliated with the provider or other legal entities within the provider’s supervision or control.

(12) “New continuing care retirement community” means a continuing care retirement community registered by a provider on or after January 1, 1990. “New continuing care retirement community” does not mean the remodeling or expansion of an existing continuing care retirement community’s facility on the same or an adjacent site.

(13) “Omit a material fact” means the failure to state a material fact required to be stated in any disclosure statement or registration.

(14) “Open bed long term care facility” means a licensed long term care facility in a continuing care retirement community that admits persons who have not signed a residency agreement.

(15) “Provider” means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement.

(16) “Regular periodic charges” means basic monthly fees charged to a resident on an ongoing basis.

(17) “Residency agreement” means a contract between a provider and a resident for the provision of continuing care for a period greater than one year.

(18) “Resident” means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care.

(19) “Residents’ council” means a body of residents of a continuing care retirement community who are elected by the residents and recognized by the provider as representing the interests of the residents.

(20) “Solicit” means all actions of a provider in seeking to have individuals pay an application fee or enter into a residency agreement by any means including, without limitation, personal, telephone, mail or any media distributed or communicated by any means. [1989 c.693 §3; 1997 c.633 §4; 2009 c.201 §1]

Source: Section 101.020 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 98.354 — OR Code / Title 10 / Chapter 98 / Section 98.354
98.354 Records of ownership or issuance of instruments to be maintained
Status: in_force

(1) Every holder required to file a report under ORS 98.352 (Report of abandoned property) as to any property for which the holder has obtained an address of the owner, shall maintain a record of the name and last-known address of the owner and such signature cards and other evidence that would assist in the identification of the owner for three years after the property has been remitted to the State Treasurer.

(2) Any business association that sells in this state traveler’s checks, money orders or other similar written instruments, other than third party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue, for five years after the date the property has been remitted to the State Treasurer. [1983 c.716 §38; 1993 c.694 §7; 1995 c.219 §1; 2001 c.302 §8; 2019 c.678 §12]

Source: Section 98.354 — Records of ownership or issuance of instruments to be maintained , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 95.200 — OR Code / Title 10 / Chapter 95 / Section 95.200
95.200 Definitions for ORS 95.200 to 95.310
Status: in_force

As used in ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) :

(1) “Affiliate” means:

(a) A person that directly or indirectly owns, controls or holds with power to vote 20 or more percent of the outstanding voting securities of the debtor, other than a person that holds the securities:

(A) As a fiduciary or agent without sole discretionary power to vote the securities; or

(B) Solely to secure a debt, if the person has not in fact exercised the power to vote.

(b) An organization, 20 or more percent of whose outstanding voting securities or other voting interests are directly or indirectly owned, controlled or held with power to vote by the debtor or by a person that directly or indirectly owns, controls or holds with power to vote 20 or more percent of the outstanding voting securities or other voting interests of the debtor, other than a person that holds the securities:

(A) As a fiduciary or agent without sole discretionary power to vote the securities or other voting interests; or

(B) Solely to secure a debt, if the person has not in fact exercised the power to vote.

(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor.

(d) A person that operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.

(2) “Asset” means property of a debtor but does not include:

(a) Property to the extent encumbered by a valid lien;

(b) Property to the extent that it is generally exempt under nonbankruptcy law; or

(c) An interest in property held in tenancy by the entireties to the extent not subject to process by a creditor holding a claim against only one tenant.

(3) Intentionally left blank —Ed.

(a) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

(b) “Claim for relief” does not have the same meaning as the term “claim.”

(4) “Creditor” means a person that has a claim.

(5) “Debt” means liability on a claim.

(6) “Debtor” means a person that is liable on a claim.

(7) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capacities.

(8) “Insider” includes:

(a) If the debtor is an individual:

(A) A relative of the debtor or of a general partner of the debtor;

(B) A partnership in which the debtor is a general partner;

(C) A general partner in a partnership described in subparagraph (B) of this paragraph; or

(D) A corporation of which the debtor is a director, officer, manager or person in control.

(b) If the debtor is a corporation:

(A) A director of the debtor;

(B) An officer of the debtor;

(C) A person in control of the debtor;

(D) A partnership in which the debtor is a general partner;

(E) A general partner in a partnership described in subparagraph (D) of this paragraph; or

(F) A relative of a general partner, director, officer or person in control of the debtor.

(c) If the debtor is a partnership:

(A) A general partner in the debtor;

(B) A relative of a general partner in, a general partner of, or a person in control of the debtor;

(C) Another partnership in which the debtor is a general partner;

(D) A general partner in a partnership described in subparagraph (C) of this paragraph; or

(E) A person in control of the debtor.

(d) If the debtor is a limited liability company or other business organization:

(A) A member of the debtor; or

(B) A manager, or other person in control, of the debtor.

(e) An affiliate or an insider of an affiliate as if the affiliate were the debtor.

(f) A managing agent of the debtor.

(9) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, including a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien or a statutory lien.

(10) “Organization” means a person other than an individual.

(11) “Person” means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust or any other legal or commercial entity.

(12) “Property” means anything that may be the subject of ownership.

(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in any perceivable form.

(14) “Relative” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(15) “Sign” means, with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

(16) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes a payment of money, a release, a lease and the creation of a lien or other encumbrance.

(17) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. [1985 c.664 §1; 2009 c.294 §13; 2023 c.83 §5]

Note: Section 14, chapter 83, Oregon Laws 2023, provides:

Sec, 14. (1) Sections 2 to 4 of this 2023 Act [ 95.283 (Governing law) , 95.286 (Application to series organization) and 95.305 (Relation to Electronic Signatures in Global and National Commerce Act) ] and the amendments to ORS 95.200 (Definitions for ORS 95.200 to 95.310) , 95.210 (Insolvency) , 95.220 (Value) , 95.230 (Transfer or obligation voidable as to present or future creditor) , 95.240 (Transfer or obligation voidable as to present creditor) , 95.250 (When transfer is made or obligation is incurred) , 95.270 (Defenses, liability and protection of transferee or obligee) , 95.280 (Extinguishment of claim for relief) and 95.310 (Short title) by sections 5 to 13 of this 2023 Act:

(a) Apply to a transfer made or obligation incurred on or after the effective date of this 2023 Act [January 1, 2024];

(b) Do not apply to a transfer made or obligation incurred before the effective date of this 2023 Act; and

(c) Do not apply to a right of action that has accrued before the effective date of this 2023 Act.

(2) For the purposes of this section, a transfer is made and an obligation is incurred at the time described in ORS 95.250 (When transfer is made or obligation is incurred) , as amended by section 10 of this 2023 Act. [2023 c.83 §14]

Source: Section 95.200 — Definitions for ORS 95.200 to 95.310 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 92.177 — OR Code / Title 10 / Chapter 92 / Section 92.177
92.177 Creation of parcel by less than all owners of lawfully established unit of land
Status: in_force

When a unit of land was sold before January 1, 2007, but was not a lawfully established unit of land, the governing body of the city or county or its designee shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176 (Validation of unit of land not lawfully established) , notwithstanding that less than all of the owners of the existing lawfully established unit of land have applied for the approval. [1993 c.436 §2; 1995 c.595 §14; 2007 c.866 §6]

Source: Section 92.177 — Creation of parcel by less than all owners of lawfully established unit of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.655 — OR Code / Title 10 / Chapter 100 / Section 100.655
100.655 Disclosure statement
Status: reserved

(1) The disclosure statement submitted to the Real Estate Commissioner as part of a filing under ORS 100.635 (Filing with commissioner) must contain the following information:

(a) The name and address of the condominium, and the name, address and telephone number of the developer.

(b) A general narrative description of the condominium stating the total number of units, a description of the types of units, the total number of units that may be included in the condominium pursuant to ORS 100.105 (Contents of declaration) (2), and a precise statement of the nature of the interest which is being offered.

(c) A reference to the recording index numbers and date of recording of the declaration, bylaws and plat with the county recording officer or a statement that the proposed condominium is not yet submitted to the condominium form of ownership.

(d) If at the time of filing:

(A) The construction of the project is not completed, general disclosure of the status of construction and the actual or scheduled dates of completion of buildings, recreational facilities and other common elements, including a statement describing any recreational facilities or improvements to the common elements that the developer reserves the right to develop or promises to develop, or a statement that there are no such facilities or improvements; or

(B) The construction of the project is completed, the actual dates of completion of buildings, recreational facilities and other common elements if known by the developer.

(e) The nature and significant terms of any financing offered by the developer to purchasers of the condominium units.

(f) Copies of any warranties for structural elements and mechanical and other systems or a brief description of such warranties.

(g) Intentionally left blank —Ed.

(A) A current or projected budget of the association of unit owners for the operation and maintenance and any other common expenses of the condominium, including an amount for a subsidy of the association by the declarant, if any, by a contribution of funds, goods or services;

(B) A brief statement of the method of determining liability for common expenses and the right to common profits; and

(C) The following notice in at least 12-point type and in all capitals or boldface:

THE PROJECTION OF THE BUDGET OF THE ASSOCIATION OF UNIT OWNERS FOR THE OPERATION AND MAINTENANCE AND OTHER COMMON EXPENSES OF THE CONDOMINIUM IS ONLY AN ESTIMATE, PREPARED WITH DUE CARE.

(h) If a provision for reserves under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) is included in the budget disclosed under paragraph (g) of this subsection:

(A) A statement identifying the information constituting the basis for the reserve assessment under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) ;

(B) A statement that the information constituting the basis for the reserve assessment identified under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) is available for review upon written request to the declarant or the designated person, unless included in the disclosure statement; and

(C) If the reserve study is not submitted with the filing required by ORS 100.635 (Filing with commissioner) , the following notice in at least 12-point type and in all capitals or boldface:

THE RESERVE STUDY IS NOT CURRENTLY AVAILABLE FOR REVIEW. THE REAL ESTATE COMMISSIONER MAY NOT APPROVE THE DECLARATION FOR RECORDING UNLESS THE RESERVE STUDY HAS BEEN SUBMITTED. WHEN COMPLETED, THE RESERVE STUDY WILL BE AVAILABLE FOR REVIEW AT THE OFFICE OF THE REAL ESTATE COMMISSIONER OR UPON WRITTEN REQUEST TO THE DECLARANT OR DESIGNATED PERSON. PROSPECTIVE PURCHASERS SHOULD CONTACT THE DECLARANT REGARDING THE ANTICIPATED AVAILABILITY OF THE RESERVE STUDY OR ANY OTHER INFORMATION ABOUT THE PROPOSED CONDOMINIUM.

(i) In the case of a conversion condominium, a statement of:

(A) The present condition of all structural components and major mechanical and utility installations in the condominium, including the approximate date of construction and a reasonable estimate of the remaining useful life of, at a minimum, the roof, siding, plumbing, electrical, HVAC system, asphalt, sidewalks and decks;

(B) In at least 12-point type and in all capitals or boldface, whether the assessment of conditions under subparagraph (A) of this paragraph was prepared by a registered engineer, registered architect or certified home inspector; and

(C) The statutory procedure required to create a conversion condominium.

(j) A cross-reference to the portions of the declaration, any supplemental declaration and bylaws containing the general power and authority of the board of directors, the method of apportionment of voting rights among the unit owners and a statement of the nature and extent of control of the board of directors retained by the developer by voting rights or otherwise.

(k) A list of the documents by which purchasers may be bound, including the declaration, bylaws, ground leases, management agreement, easements, covenants, restrictions and conditions.

(L) A statement of whether there are any restrictions on alienation of units or any use or occupancy restrictions, such as limitations on residential or commercial use, pets, age of occupants or number of occupants, and a cross-reference to those portions of the declaration, any supplemental declaration, bylaws or any other document containing the principal provisions relating to those restrictions.

(m) If the condominium is a staged condominium, whether the declarant reserves the right to annex additional property to the condominium pursuant to ORS 100.125 (Annexation of additional property) and, if so:

(A) The maximum number of units;

(B) The date after which annexation right terminates;

(C) The description of additional common elements declarant reserves right to annex to the property and whether such common elements might substantially increase the proportionate amount of common expenses by current unit owners; and

(D) The effect of annexation of additional units on allocation of interest in the common elements and voting rights.

(n) If the condominium or any stage being filed under ORS 100.635 (Filing with commissioner) contains or may contain any variable property, a statement of the rights reserved by the declarant under ORS 100.150 (Declarant’s options until termination date) (1) and the results specified in ORS 100.155 (Variable property) if such rights are not exercised.

(o) Any additional information required by the commissioner.

(2) In lieu of the disclosure statement required under subsection (1) of this section, the commissioner may accept a disclosure report issued or approved by another state or governmental agency.

(3) The declarant is not liable to the association or the owners with respect to a statement of condition or estimate of useful life contained in the disclosure statement if:

(a) The declarant did not have actual knowledge of any inaccuracies in the statement at the time of delivery of the disclosure statement to the purchaser; and

(b) The declarant relied upon reports prepared by registered engineers or registered architects in making the statement or, if the condominium has four or fewer units, reports prepared by registered engineers, registered architects or certified home inspectors. [Formerly 94.351; 1997 c.816 §14; 1999 c.677 §55; 2001 c.756 §54; 2003 c.569 §40; 2007 c.409 §36; 2009 c.259 §22; 2019 c.69 §24]

Source: Section 100.655 — Disclosure statement; contents; disclosure statement from other state; declarant liability limited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.626 — OR Code / Title 10 / Chapter 94 / Section 94.626
94.626 Corporate dissolution of association
Status: in_force

(1) If a homeowners association is at any time dissolved, whether inadvertently or deliberately:

(a) The association automatically continues as an unincorporated association under the same name.

(b) The unincorporated association:

(A) Has all the property, powers and obligations of the incorporated association existing immediately prior to dissolution;

(B) Shall be governed by the bylaws and, to the extent applicable, the articles of incorporation of the incorporated association; and

(C) Shall be served by the members of the board of directors and the officers who served immediately prior to dissolution.

(2) A separate association is not created when an association is reinstated after administrative dissolution under ORS 65.654 (Reinstatement following administrative dissolution) or again incorporated following dissolution. The association automatically continues without any further action by incorporators, directors or officers that may otherwise be required under ORS chapter 65.

(3) Intentionally left blank —Ed.

(a) The association described in subsection (2) of this section has all the property, powers and obligations of the unincorporated association that existed immediately prior to incorporation or reinstatement.

(b) The bylaws in effect immediately prior to incorporation or reinstatement constitute the bylaws of the incorporated association.

(c) The members of the board of directors and the officers continue to serve as directors and officers.

(4) The provisions of this section apply notwithstanding any provision of a governing document of a planned community that appears to be contrary. [2009 c.641 §3]

Source: Section 94.626 — Corporate dissolution of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.475 — OR Code / Title 10 / Chapter 98 / Section 98.475
98.475 Molder may take title to unclaimed mold
Status: in_force

If a customer fails to take possession of any mold within three years after the date on which the customer last caused the molder to use the mold, the molder may take all rights, title and interest in the mold pursuant to ORS 98.480 (Notice to customer) . [1981 c.333 §2]

Source: Section 98.475 — Molder may take title to unclaimed mold , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 98.130 — OR Code / Title 10 / Chapter 98 / Section 98.130
98.130 Right of custodian to sell property
Status: in_force

If personal property deposited with a consignee or bailee as mentioned in ORS 98.110 (Record to be kept by consignee or bailee of property) or 98.120 (Notice to owner of receipt of property by consignee or bailee) is not claimed and taken away within one year after the time it was received, the person having possession thereof may at any time thereafter proceed to sell the property in the manner provided in ORS 98.140 (Notice of sale) to 98.240 (Fees allowed to justice of peace and constable or sheriff) .

Source: Section 98.130 — Right of custodian to sell property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.620 — OR Code / Title 10 / Chapter 105 / Section 105.620
105.620 Acquiring title by adverse possession
Status: in_force

(1) A person may acquire fee simple title to real property by adverse possession only if:

(a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;

(b) At the time the person claiming by adverse possession or the person’s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:

(A) By the person and the person’s predecessor in interest, continued throughout the vesting period;

(B) Had an objective basis; and

(C) Was reasonable under the particular circumstances; and

(c) The person proves each of the elements set out in this section by clear and convincing evidence.

(2) Intentionally left blank —Ed.

(a) A person maintains “hostile possession” of property if the possession is under claim of right or with color of title. “Color of title” means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance.

(b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

(3) As used in this section and ORS 105.005 (Right of action) and 105.615 (Action by tenant in common against cotenants) , “person” includes, but is not limited to, the state and its political subdivisions as created by statute. [1989 c.1069 §1; 1991 c.109 §2; 1999 c.950 §1]

Source: Section 105.620 — Acquiring title by adverse possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.654 — OR Code / Title 10 / Chapter 98 / Section 98.654
98.654 ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads
Status: in_force

The provisions of ORS 98.650 (Owner’s duty to remove trees, logs, poles or piling deposited on county roads) and 98.652 (Effect of failure to remove trees, logs, poles or piling) shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed to remain upon the right of way of a county road under the provisions of a permit granted by the county court or board of county commissioners having jurisdiction over said county road, nor to poles placed upon the right of way of a county road under authority of ORS 758.010 (Authority to construct lines and facilities) or 758.020 (Joint occupancy of poles) , nor to any county road which is not maintained for public travel by the county court or board of county commissioners of the county in which the road is located. [1953 c.339 §3]

Source: Section 98.654 — ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 92.843 — OR Code / Title 10 / Chapter 92 / Section 92.843
92.843 Approval of declaration or amendment to declaration made pursuant to ORS 92.845
Status: in_force

(1) A declaration made pursuant to ORS 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) , or an amendment to the declaration, may not be recorded unless first approved by the tax collector for the county where the property is located and the Real Estate Commissioner.

(2) A tax collector shall approve a declaration or amendment submitted under this section if:

(a) All ad valorem taxes, special assessments, fees and other charges required by law to be placed on the tax roll that are or will become a lien on the property during the tax year have been paid as required by ORS 92.095 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) ; and

(b) Any additional taxes or penalties, and interest on taxes or penalties, resulting from a disqualification of the property from special assessment have been paid.

(3) The commissioner shall approve a declaration or amendment submitted under this section if:

(a) The declaration or amendment complies with ORS 92.835 (Subdivision of manufactured dwelling park or mobile home park) , 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) and 94.580 (Declaration) ; and

(b) The plat executed by the declarant is in conformance with ORS 92.835 (Subdivision of manufactured dwelling park or mobile home park) (2).

(4) The commissioner’s approval of a declaration or amendment under this section expires after two years if the declaration or amendment has not been recorded. The commissioner shall specify the expiration date when approving the declaration or amendment. A declaration or amendment may not be reapproved after an approval expires unless the declaration or amendment is resubmitted and new determinations are made under subsections (2) and (3) of this section. [2003 c.474 §3]

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

Source: Section 92.843 — Approval of declaration or amendment to declaration made pursuant to ORS 92.845 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.185 — OR Code / Title 10 / Chapter 100 / Section 100.185
100.185 Express warranties
Status: in_force

(1) The declarant shall expressly warrant against defects in the plumbing, electrical, mechanical, structural, and all other components of the newly constructed units and common elements. Such warranty:

(a) Shall exist on a unit and the related limited common elements for not less than one year from the date of delivery of possession of that unit by the declarant to the first unit owner other than the declarant;

(b) Shall exist on the general common elements for not less than one year from the initial conveyance of title to a unit by the declarant to a unit owner other than the declarant, or, in the case of a staged or a flexible condominium, for not less than one year from such initial conveyance of title or completion of the construction of the specific general common element, whichever is later;

(c) Shall be contained in the contract or other agreement to purchase;

(d) Shall be separate from, and in addition to, any warranties provided by any other person;

(e) Shall be in lieu of any implied warranties by the declarant against defects in the plumbing, electrical, mechanical, structural or other components of any newly constructed unit or common elements; and

(f) Shall name the association of unit owners as an express beneficiary with regard to general common elements.

(2) A written claim reasonably specifying a breach of the warranty on the unit and the related limited common elements must be delivered to the declarant before the expiration of such warranty. A written claim reasonably specifying a breach of the warranty on the general common elements must be delivered to the declarant within two years of expiration of such warranty, but the claim must be for a defect existing prior to the expiration of such warranty under this section. An action to enforce such warranty shall not be commenced later than four years after expiration of such warranty.

(3) For the purposes of this section, “newly constructed units and common elements” means:

(a) Units and related limited common elements:

(A) That have been substantially completed for less than three years; and

(B) That have been occupied for less than 12 months.

(b) General common elements:

(A) That have been substantially completed for less than three years; and

(B) That were constructed contemporaneously with units that have been occupied for less than 12 months.

(4) The warranty required under subsection (1) of this section is not required for consumer products as defined in 15 United States Code 2301 (1). [Formerly 94.017; 1999 c.677 §45; 2001 c.756 §35]

DECLARANT CONTROL; TURNOVER

Source: Section 100.185 — Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.767 — OR Code / Title 10 / Chapter 90 / Section 90.767
90.767 Mandatory mediation
Status: in_force

(1) For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy 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) shall establish a mediation policy to resolve disputes related to:

(a) Landlord or tenant compliance with the rental agreement or with the provisions of this chapter;

(b) Landlord or tenant conduct within the facility; or

(c) The modification of a rule or regulation under ORS 90.610 (Notice of proposed change in rule or regulation) .

(2) A mediation policy under this section must include:

(a) The process and format by which a tenant or landlord may initiate mediation.

(b) The names and contact information, including the phone number and website address, for mediation services available through the referral program provided by the Housing and Community Services Department under ORS 456.403 (Housing and Community Services Department support for manufactured dwelling parks and marinas) (2) and any other no-cost mediation service acceptable to the landlord.

(c) Information substantially explaining requirements for mediation under subsections (3) to (7) of this section.

(3) Mediation conducted under this section:

(a) In addition to any process authorized under subsection (2)(a) of this section, may be initiated by the landlord or tenant’s contact with the Housing and Community Services Department in a format required by the department.

(b) May not resolve any matters except by the agreement of all parties.

(c) Must require that communications from all parties are held strictly confidential and may not be used in any legal proceedings.

(d) May be used to resolve:

(A) Disputes between the landlord and one or more tenants, initiated by any party; and

(B) Disputes between any two or more tenants, initiated only by the landlord.

(e) Must allow a party to designate any person, including a nonattorney, to represent the interests of the party provided that the person has the authority to bind that party to any resolution of the dispute.

(f) Must comply with any other provisions as the Housing and Community Services Department may require by rule.

(4) Parties must participate in mediation under this section by making a good faith effort to schedule mediation within 30 days after mediation is initiated, attending and participating in mediation and cooperating with reasonable requests of the mediator.

(5) After mediation has been initiated and while it is ongoing under this section:

(a) Any statute of limitations related to the dispute is tolled.

(b) A party may not file an action related to the dispute, including an action for possession under ORS 105.110 (Action for forcible entry or wrongful detainer) .

(c) Intentionally left blank —Ed.

(A) A tenant shall continue paying rent to the landlord.

(B) A landlord receiving rent under this paragraph has not accepted rent for the purposes of ORS 90.412 (Waiver of termination of tenancy) (2), provided that the landlord refunds the rent within 10 days following the conclusion of mediation.

(6) Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:

(a) Facility closures consistent with ORS 90.645 (Closure of park) or 90.671 (Closure of marina) .

(b) Facility sales consistent with ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) .

(c) Rent increases consistent with ORS 90.600 (Increases in rent) .

(d) Rent payments or amounts owed.

(e) Tenant violations alleged in a termination notice given under ORS 90.394 (Termination of tenancy for failure to pay rent) , 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.630 (Termination by landlord) (10).

(f) Violations of an alleged unauthorized person in possession in a notice given under ORS 90.403 (Taking possession of premises from unauthorized possessor) .

(g) Unless initiated by the victim, a dispute involving allegations of domestic violence, sexual assault, bias crime or stalking or a dispute between the victim and the alleged perpetrator.

(h) A dispute arising after the termination of the tenancy, including under ORS 90.425 (Disposition of personal property abandoned by tenant) , 90.675 (Disposition of manufactured dwelling or floating home left in facility) or 105.161 (Service and enforcement of writ of execution and eviction trespass notice) .

(7) This section does not require any party to:

(a) Reach an agreement on any or all issues submitted to mediation;

(b) Participate in more than one mediation session or participate for an unreasonable length of time in a session; or

(c) Waive or forgo any rights or remedies or the use of any other available informal dispute resolution process.

(8) A mediator in a mediation under this section shall notify the Housing and Community Services Department as to whether the dispute was resolved through mediation but may not provide the department with the contents of any resolution.

(9) A landlord may unilaterally amend a rental agreement or facility rules and regulations to comply with this section.

(10) If a party refuses to participate in good faith in mediation with another party or uses mediation to harass another party, the other party:

(a) Has a defense to a claim related to the subject of the dispute for which mediation was sought; and

(b) Is entitled to damages of one month’s rent against the party. [2019 c.625 §8; 2023 c.549 §3a]

Source: Section 90.767 — Mandatory mediation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.723 — OR Code / Title 10 / Chapter 94 / Section 94.723
94.723 Common expenses
Status: in_force

If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 §46; 1999 c.677 §27]

Source: Section 94.723 — Common expenses; liability of first mortgagee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.300 — OR Code / Title 10 / Chapter 93 / Section 93.300
93.300 Short title
Status: in_force

ORS 93.290 (Risk of loss after contract to sell realty has been executed) to 93.300 (Short title) may be cited as the Uniform Vendor and Purchaser Risk Act. [1955 c.144 §3]

DESCRIPTIONS, INCLUDING THE OREGON COORDINATE SYSTEM

Source: Section 93.300 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.130 — OR Code / Title 10 / Chapter 97 / Section 97.130
97.130 Right to control disposition of remains
Status: in_force

(1) Any individual of sound mind who is 18 years of age or older, by completion of a written signed instrument or by preparing or prearranging with any funeral service practitioner licensed under ORS chapter 692, may direct any lawful manner of disposition of the individual’s remains. Except as provided under subsection (7) of this section, disposition directions or disposition prearrangements that are prepaid or that are filed with a funeral service practitioner licensed under ORS chapter 692 are not subject to cancellation or substantial revision.

(2) A person within the first applicable listed class among the following listed classes that is available at the time of death, in the absence of actual notice of a contrary direction by the decedent as described under subsection (1) of this section or actual notice of opposition by completion of a written instrument by a member of the same class or a member of a prior class, may direct any lawful manner of disposition of a decedent’s remains by completion of a written instrument:

(a) The spouse of the decedent.

(b) A son or daughter of the decedent 18 years of age or older.

(c) Either parent of the decedent.

(d) A brother or sister of the decedent 18 years of age or older.

(e) A guardian of the decedent at the time of death.

(f) A person in the next degree of kindred to the decedent.

(g) The personal representative of the estate of the decedent.

(h) The person nominated as the personal representative of the decedent in the decedent’s last will.

(i) A public health officer.

(3) Intentionally left blank —Ed.

(a) The decedent or any person authorized in subsection (2) of this section to direct the manner of disposition of the decedent’s remains may delegate such authority to any person 18 years of age or older.

(b) Delegation of the authority to direct the manner of disposition of remains must be made by completion of:

(A) The written instrument described in subsection (8) of this section; or

(B) The form described in subsection (4) of this section.

(c) The person to whom the authority is delegated has the same authority under subsection (2) of this section as the person delegating the authority.

(4) Intentionally left blank —Ed.

(a) A Record of Emergency Data, DD Form 93, or a successor form recognized by the Armed Forces of the United States, as that term is defined in ORS 366.931 (Roadside memorial signs) , completed by a member of the Armed Forces of the United States serves as a valid written instrument for purposes of subsection (3) of this section.

(b) In accordance with United States Department of Defense Instruction 1300.18, a member of the Armed Forces of the United States shall complete the form described in this subsection and shall verify the accuracy of the form at least annually.

(c) The form described in this subsection, regardless of the date on which the form was signed, supersedes any other written instrument that directs the disposition of the decedent’s remains.

(5) Except as provided in subsection (4)(c) of this section, if a decedent or the decedent’s designee issues more than one authorization or direction for the disposal of the decedent’s remains, only the most recent authorization or direction is binding.

(6) A donation of anatomical gifts under ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) takes priority over directions for the disposition of a decedent’s remains under this section only if the person making the donation is of a priority under subsection (1) or (2) of this section the same as or higher than the priority of the person directing the disposition of the remains.

(7) If the decedent directs a disposition under subsection (1) of this section and those financially responsible for the disposition are without sufficient funds to pay for such disposition or the estate of the decedent has insufficient funds to pay for the disposition, or if the direction is unlawful, the direction is void and disposition shall be in accordance with the direction provided by the person given priority in subsection (2) of this section and who agrees to be financially responsible.

(8) The signature of the individual delegating the authority to direct the manner of disposition is required for the completion of the written instrument required in subsection (3)(b)(A) of this section. The following form or a form substantially similar shall be used by all individuals:

I, __________________, appoint __________________, whose address is _______________ and whose telephone number is (___) _________, as the person to make all decisions regarding the disposition of my remains upon my death for my burial, cremation or alternative disposition. In the event ____________ is unable to act, I appoint ____________, whose address is __________________ and whose telephone number is (___) _________, as my alternate person to make all decisions regarding the disposition of my remains upon my death for my burial, cremation or alternative disposition.

It is my intent that this Appointment of Person to Make Decisions Concerning Disposition of Remains act as and be accepted as the written authorization presently required by ORS 97.130 (Right to control disposition of remains) (or its corresponding future provisions) or any other provision of Oregon Law, authorizing me to name a person to have authority to dispose of my remains.

DATED this ___ day of ______, _____.

__________________

(Have this document notarized by a notary public OR have 2 competent adult witnesses complete the Declaration of Witnesses.)

NOTARIAL CERTIFICATE:

State of ____________

County of ____________

Signed or attested before me on _____,

2___, by _______________.

________________________

Notary Public - State of Oregon

We declare that ____________ is personally known to us, that he/she signed this Appointment of Person to Make Decisions Concerning Disposition of Remains in our presence, that he/she appeared to be of sound mind and not acting under duress, fraud or undue influence, and that neither of us is the person so appointed by this document.

Witnessed By:

_______________ Date: _____

Witnessed By:

_______________ Date: _____

(9) Subject to the provisions of ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) , if disposition of the remains of a decedent has not been directed and authorized under this section within 10 days after the date of the death of the decedent, a public health officer may direct and authorize disposition of the remains.

(10) Notwithstanding subsection (2) of this section, a person arrested for or charged with criminal homicide by reason of the death of the decedent may not direct the disposition of the decedent’s remains. The disposition of the decedent’s remains shall be made in accordance with the directions of an eligible person within the first applicable class established under subsection (2) of this section.

(11) Notwithstanding subsections (2) and (3) of this section, if the person who has the authority to direct the manner of disposition of cremated or reduced remains pursuant to subsection (1) or (2) of this section transfers any portion of the cremated or reduced remains to another person, the recipient of the cremated or reduced remains has the authority to direct the manner of disposition of the cremated or reduced remains in the recipient’s possession. [Amended by 1969 c.175 §10; 1969 c.591 §279; 1973 c.823 §97; 1995 c.717 §10; 1997 c.472 §1; 1999 c.201 §5; 2007 c.373 §1; 2007 c.681 §24; 2011 c.154 §1; 2011 c.164 §1; 2019 c.83 §1; 2019 c.384 §12a; 2021 c.296 §§2,3; 2023 c.11 §1]

Source: Section 97.130 — Right to control disposition of remains; delegation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.785 — OR Code / Title 10 / Chapter 94 / Section 94.785
94.785 Short title
Status: in_force

ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) may be cited as the Oregon Planned Community Act. [1981 c.782 §1]

Source: Section 94.785 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.430 — OR Code / Title 10 / Chapter 92 / Section 92.430
92.430 Notice to purchaser of cancellation rights
Status: in_force

(1) Subject to ORS 92.427 (Cancellation of agreement to buy interest in subdivision or series partition) (7), the first written real property sales contract signed by the purchaser for the sale of a lot, parcel or interest in a subdivision or series partition shall contain, either upon the first page of such contract or upon a separate sheet attached to such first page, the following notice in at least 8-point type:

BY SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE AN INTEREST IN LAND. HOWEVER, YOU HAVE THREE BUSINESS DAYS AFTER SIGNING THIS AGREEMENT TO CANCEL THE AGREEMENT BY WRITTEN NOTICE TO THE SELLER OR THE SELLER’S AGENT AT THE FOLLOWING ADDRESS:

____________

____________

____________

____________

____________

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

(1) CAREFULLY EXAMINE THE PUBLIC REPORT, IF ANY, ON THE SUBDIVISION OR SERIES PARTITION AND ANY ACCOMPANYING INFORMATION DELIVERED BY THE SELLER.

(2) INQUIRE OF YOUR LENDER AS TO WHETHER YOU CAN GET ADEQUATE FINANCING AT AN ACCEPTABLE INTEREST RATE.

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

(2) A copy of the notice set forth in subsection (1) of this section shall be given to each purchaser under a contract described in subsection (1) of this section at the time of or immediately following the purchaser’s signing of such contract, for the use of the purchaser. [1975 c.643 §17; 1983 c.570 §21]

Source: Section 92.430 — Notice to purchaser of cancellation rights; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.260 — OR Code / Title 10 / Chapter 100 / Section 100.260
100.260 Condominium Information and Annual Reports
Status: in_force

(1) The Condominium Information Report required under ORS 100.250 (Documents required to be filed with Real Estate Agency) (1)(a) must set forth:

(a) The name of the association;

(b) The name of the condominium and the county in which the condominium is located;

(c) The mailing address, including the street and number, if any, and county of the association;

(d) The date the condominium declaration was recorded and the recording index numbers;

(e) The name and residence or business address, including the street and number, of the person designated as agent to receive service of process in cases provided in ORS 100.550 (Service of process) (1) and any other legal proceeding relating to the condominium or association; and

(f) The number and type of units as follows:

No._____ Living Units

No._____ Commercial/Office Units

No._____ Other (describe) ________

________________________

(2) The Annual Report required under ORS 100.250 (Documents required to be filed with Real Estate Agency) (1)(b) must set forth:

(a) The information required under subsection (1)(a), (b), (c) and (e) of this section;

(b) The names and addresses of the secretary and the chairperson or president of the association; and

(c) If the designated agent is changed, a statement that the new agent has consented to the appointment.

(3) The amendment required under ORS 100.250 (Documents required to be filed with Real Estate Agency) (1)(c) must set forth:

(a) The name of the association as shown on the current records of the Real Estate Agency;

(b) The name of the condominium and county in which the condominium is located;

(c) A statement of the information as changed; and

(d) If the current designated agent is to be changed, the name of the new designated agent and residence or business address, including the street and number, and a statement that the new agent has consented to the appointment.

(4) The filing by the Real Estate Agency of an amendment that changes the designated agent must terminate the existing designated agent on the effective date of the filing and establish the newly appointed designated agent as that of the association.

(5) The reports and amendment described in this section and an application for termination described in ORS 100.280 (Termination of filing Condominium Information Report) must be made in a format prescribed and furnished by the Real Estate Agency and must be accompanied by the correct filing fee and shall:

(a) Contain information current as of 30 days before delivery for filing;

(b) Be executed by the declarant until the turnover meeting and thereafter by the secretary, president or chairperson of the association;

(c) State beneath or opposite the signature the name of the person and the capacity in which the person signs; and

(d) As required or allowed by rule of the Real Estate Agency:

(A) Contain any necessary additional identifying information; and

(B) Be completed by electronic communications, including receipt of the filing fee. [1989 c.595 §40; 1995 c.31 §6; 2001 c.756 §38; 2019 c.69 §42; 2019 c.403 §1a]

Note: See note under 100.250 (Documents required to be filed with Real Estate Agency) .

Source: Section 100.260 — Condominium Information and Annual Reports; contents; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.272 — OR Code / Title 10 / Chapter 93 / Section 93.272
93.272 Procedure for removal of certain restrictions
Status: in_force

(1) Except as otherwise provided in ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) , any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580 (Declaration) , that contains a provision that is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) may file a petition to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party. The petition shall contain:

(a) The name and mailing address of the person filing the petition;

(b) The name and mailing address of all owners of record of the property;

(c) The legal description of the property subject to the provision in violation of ORS 93.270 (Certain restrictions in instruments prohibited) ; and

(d) A clear reference to the provision claimed to be in violation of ORS 93.270 (Certain restrictions in instruments prohibited) .

(2) Notice and a copy of the petition shall be served on all owners of record in any manner provided for in ORCP 7. The notice shall inform the owners of record that:

(a) The petition seeks the removal of a provision that is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) from the title to the property;

(b) The person served may request a hearing within 10 days after service of the petition; and

(c) The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.

(3) The petitioner shall file with the court proof of service in the manner provided in ORCP 7 F. If no request for hearing is made by any person served within 10 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) .

(4) If a hearing is requested by any person served under subsection (2) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.

(5) At any hearing under the provisions of this section, the sole issue that shall be decided by the court is whether the provision that is the subject of the petition is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) . The matter shall be tried to the court sitting without jury. If the court finds that the provision is not in violation of ORS 93.270 (Certain restrictions in instruments prohibited) , the court shall dismiss the petition. If the court finds that the provision is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) , the court shall enter a judgment removing the provision from the title to the property.

(6) If a court finds only part of a provision to be in violation of ORS 93.270 (Certain restrictions in instruments prohibited) under this section, the court shall enter a judgment removing only that part of the provision that is in violation.

(7) For the purposes of this section, “owner of record” means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property whose interest is recorded in the public records provided for by Oregon statutes where the owner’s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner’s interest. [1991 c.850 §2; 2018 c.35 §3]

Source: Section 93.272 — Procedure for removal of certain restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.740 — OR Code / Title 10 / Chapter 97 / Section 97.740
97.740 Definitions for ORS 97.740 to 97.760
Status: in_force

For the purposes of ORS 97.740 (Definitions for ORS 97.740 to 97.760) to 97.760 (Civil action by Indian tribe or member) :

(1) “Burial” has the meaning given that term in ORS 358.905 (Definitions for ORS 358.905 to 358.961) .

(2) “Funerary object” has the meaning given that term in ORS 358.905 (Definitions for ORS 358.905 to 358.961) .

(3) “Human remains” has the meaning given that term in ORS 358.905 (Definitions for ORS 358.905 to 358.961) .

(4) “Indian tribe” means any tribe of Indians recognized by the Secretary of the Interior or listed in the Klamath Termination Act, 25 U.S.C. 3564 et seq., or listed in the Western Oregon Indian Termination Act, 25 U.S.C. 3691 et seq., if the traditional cultural area of the tribe includes Oregon lands.

(5) “Object of cultural patrimony” has the meaning given that term in ORS 358.905 (Definitions for ORS 358.905 to 358.961) .

(6) “Professional archaeologist” means a person who has extensive formal training and experience in systematic, scientific archaeology.

(7) “Sacred object” has the meaning given that term in ORS 358.905 (Definitions for ORS 358.905 to 358.961) . [1977 c.647 §1; 1981 c.442 §3; 1985 c.198 §2; 1993 c.459 §9; 1997 c.249 §34]

Source: Section 97.740 — Definitions for ORS 97.740 to 97.760 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 98.859 — OR Code / Title 10 / Chapter 98 / Section 98.859
98.859 Maximum rates for towing
Status: in_force

(1) Each city or county may establish the maximum rates that a tower may charge for towing a motor vehicle, and for all related services for towing a motor vehicle, in response to a request for towing of a vehicle parked within the city or county that is made by a person other than the owner or operator of the motor vehicle. The rates for related services include charges for hookup, storage, gas mileage, pictures, unlocking the motor vehicle and any other services reasonably related to towing as determined by the city or county. Rates established by a city or county under this subsection apply in all portions of the city or county.

(2) When establishing the maximum rates under this section, the city or county shall take into consideration the size of the motor vehicle towed and the distance traveled by the tower from the location of the motor vehicle to a storage facility.

(3) Each city or county that establishes maximum rates under this section shall also establish a process by which the city or county will receive and respond to complaints relating to violations of this section.

(4) If a city establishes the maximum rates under this section, the county rates do not apply to towing a vehicle that is parked within the boundaries of that city and the tower is required to comply with only the city’s established maximum rates. [2013 c.691 §3]

Source: Section 98.859 — Maximum rates for towing; process for complaints; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.665 — OR Code / Title 10 / Chapter 97 / Section 97.665
97.665 Revenues
Status: in_force

(1) A nonprofit corporation organized or existing solely for the purposes of either owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains may, by its bylaws, provide that a stated percentage of the money received from the sale of lots and burial space, cremation or reduction of bodies, donations, gifts or other sources of revenue shall constitute an irreducible fund. Any bylaw enacted for the creation of the irreducible fund cannot be amended to reduce the fund.

(2) The board of directors may direct the investment of the money in the irreducible fund, but all investments of money deposited in the fund on or after January 1, 1972, shall be in securities in classes and amounts approved by the State Treasurer and published in a list pursuant to ORS 97.820 (Placing cemetery under endowed care) . If a bank or trust company qualified to engage in the trust business is directed by the board of directors to invest the money in the irreducible fund, the bank or trust company shall be governed by ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) and shall not be required to invest the money according to the list approved by the State Treasurer. An officer of the corporation shall file with the Director of the Department of Consumer and Business Services on or before April 15 of each year a verified statement in duplicate containing the same information pertaining to the irreducible fund as provided in ORS 97.810 (Endowment care and nonendowed care cemeteries) (4) regarding endowment care funds. The director may require the corporation to file, as often as the director considers it to be necessary, a detailed report of the conditions and assets of the irreducible fund.

(3) The interest or income arising from the irreducible fund provided for in this section or by any bylaws, or so much thereof as is necessary, shall be devoted exclusively to the preservation and embellishment of the grounds, buildings and property of the corporation and the lots and space in buildings or grounds sold to the members of the corporation, or to the payment of the interest or principal of the debts authorized by subsection (5) of this section for the purchase of land, erecting buildings, and improvements. Any surplus thereof not needed or used for such purposes shall be invested as provided in this section and shall become part of the irreducible fund.

(4) After paying for the land and the erection of the original buildings and improvements thereon, all the future receipts and income of the corporation subject to the provisions in this section relating to the creation of an irreducible fund, whether from the sale of lots and burial space, cremation or reduction of bodies, donations, gifts and other sources, shall be applied exclusively to laying out, preserving, protecting, embellishing and beautifying the cemetery, the crematory or the alternative disposition facility and grounds thereof, and the avenues leading thereto, and to the erection of such buildings and improvements as may be necessary or convenient for cemetery, crematory or reduction purposes, and to pay the necessary expenses of the corporation.

(5) No debts shall be contracted by such corporation in anticipation of any future receipts, except for originally purchasing the lands authorized to be purchased by it, laying out and embellishing the grounds and avenues, erecting buildings and vaults on such land, and improving them for the purposes of the corporation. The corporation may issue bonds or notes for debts so contracted and may secure them by way of mortgage upon any of its lands, buildings, property and improvements excepting lots or space conveyed to the members. [Formerly 65.860; 2021 c.296 §13]

Note: See note under 97.660 (Lands of cemetery, crematory or reduction corporation) .

Source: Section 97.665 — Revenues; restrictions on uses of revenue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.933 — OR Code / Title 10 / Chapter 97 / Section 97.933
97.933 Certification of provider of prearrangement or preconstruction sales
Status: in_force

(1) An entity may not engage in prearrangement sales or preconstruction sales, administer prearrangement sales or preconstruction sales or provide merchandise or services to fulfill prearrangement sales or preconstruction sales unless the entity is certified by the Director of the Department of Consumer and Business Services. Each location at which an entity engages in prearrangement sales or preconstruction sales, administers prearrangement sales or preconstruction sales or provides merchandise or services to fulfill prearrangement sales or preconstruction sales must be separately certified. The director shall:

(a) Establish procedures for issuing certificates required by this section.

(b) Establish standards for determining whether a certificate should be issued.

(c) Set certification and renewal fees.

(d) Require annual renewal of certification.

(e) Establish standards for rules of conduct of certified providers.

(2) The fees described in this section must be sufficient to meet the costs associated with the administration of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) and to maintain a reasonable emergency fund.

(3) Intentionally left blank —Ed.

(a) A certified provider shall file an annual report with the director on forms prescribed by the director by rule. The annual report must contain any information reasonably considered necessary by the director, including but not limited to:

(A) A disclosure of deposits and withdrawals of trust funds;

(B) The number of consecutively numbered prearrangement or preconstruction sales contracts sold during the reporting period;

(C) A complete inventory of the funeral merchandise and cemetery merchandise delivered in lieu of trust fund requirements under ORS 97.941 (Prearrangement or preconstruction trust fund deposits) , including:

(i) The location of the merchandise;

(ii) Merchandise serial numbers or warehouse receipt numbers identified by the name of the purchaser or the beneficiary; and

(iii) The statement of the certified provider that each item of merchandise is in the seller’s possession at the specified location; and

(D) The number of withdrawals from or terminations of any trusts.

(b) If the annual report is not filed or is filed and shows any material discrepancy, the director may take appropriate action and send notification of the matter to the State Mortuary and Cemetery Board.

(c) The director may relieve a certified provider of the duty to file the annual report upon a determination that the certified provider has performed all obligations under the prearrangement sales contract or preconstruction sales contract, or that such obligations lawfully have been assumed by another certified provider or have been discharged or canceled.

(4) The director may audit the records of a certified provider that relate to prearrangement sales or preconstruction sales, as the director may consider appropriate. The director may refer any matter outside of normal auditing procedures to the office of the Attorney General for investigation and send notification of the referral to the State Mortuary and Cemetery Board.

(5) The conduct of individuals, including salespersons as defined in ORS 97.923 (Definitions for ORS 97.923 to 97.949) , employed by a certified provider is the direct responsibility of the certified provider.

(6) Authority to operate as a certified provider is not transferable. An entity that seeks to purchase or otherwise acquire control of a cemetery or funeral establishment shall first apply to the director to become a certified provider. [2001 c.796 §1; 2003 c.362 §3; 2007 c.661 §15; 2012 c.7 §4]

Note: See note under 97.923 (Definitions for ORS 97.923 to 97.949) .

Source: Section 97.933 — Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 92.103 — OR Code / Title 10 / Chapter 92 / Section 92.103
92.103 Notice to district of tentative plan
Status: in_force

(1) Prior to approving a tentative plan for a proposed plat of a proposed subdivision or partition that is subject to review under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) , and that is located in whole or in part within the boundaries, an easement or a right of way of an irrigation district, drainage district, water control district or water improvement district, a city or a county shall submit notice of the tentative plan to the district.

(2) Within 15 days of receiving notice under subsection (1) of this section, the district may submit to the city or the county a statement containing any information or recommended conditions for approval of the tentative plan for the proposed plat relating to:

(a) The structural integrity of irrigation facilities;

(b) District water supply;

(c) Public safety;

(d) Potential liabilities of the district; or

(e) Other potential exposures to the district.

(3) The district shall base the information and recommended conditions of approval included in the statement described in subsection (2) of this section on rules and regulations adopted by the district.

(4) The city or the county may include the conditions for approval described in subsection (2) of this section in the final decision approving the tentative plan of the proposed plat. [2017 c.357 §2]

Note: 92.103 (Notice to district of tentative plan) was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.103 — Notice to district of tentative plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.403 — OR Code / Title 10 / Chapter 90 / Section 90.403
90.403 Taking possession of premises from unauthorized possessor
Status: in_force

(1) If an unauthorized person is in possession of the premises, after at least 24 hours’ written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if:

(a) The tenant has vacated the premises;

(b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and

(c) The landlord has not knowingly accepted rent from the person in possession of the premises.

(2) Service of notice under this section does not create a right of tenancy for the person in possession of the premises. [2005 c.391 §12]

Source: Section 90.403 — Taking possession of premises from unauthorized possessor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.130 — OR Code / Title 10 / Chapter 105 / Section 105.130
105.130 How action conducted
Status: in_force

(1) Except as provided in this section and ORS 105.135 (Service and return of summons) , 105.137 (Effect of failure of party to appear) and 105.140 (Continuance) to 105.161 (Service and enforcement of writ of execution and eviction trespass notice) , an action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) shall be conducted in all respects as other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $88;

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.

(3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section.

(4) An action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(5) Notwithstanding ORS 9.160 (Bar membership required to practice law) , 9.320 (Necessity for employment of attorney) and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) through an officer or employee of the agency if:

(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.

(6) An action brought under ORS 105.110 (Action for forcible entry or wrongful detainer) by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (Causes of unlawful holding by force) (1)(d), (e) or (f) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS chapter 90. The procedure under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) that is applicable to an action concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under ORS 105.115 (Causes of unlawful holding by force) (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS 105.126 (Form of complaint if ORS chapter 90 does not apply) . [Amended by 1975 c.256 §10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753 §10; 1983 c.581 §1; 1985 c.588 §16; 1987 c.829 §5; 1991 c.92 §1; 1993 c.369 §17; 1995 c.273 §17; 1997 c.801 §34; 2003 c.737 §§47,48; 2005 c.702 §§53,54,55; 2007 c.493 §§8,18b; 2007 c.860 §8; 2009 c.638 §2; 2011 c.595 §55; 2013 c.685 §§37,37a; 2014 c.76 §11; 2017 c.663 §9; 2019 c.605 §10]

Source: Section 105.130 — How action conducted; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.510 — OR Code / Title 10 / Chapter 105 / Section 105.510
105.510 Procedure for abating a nuisance
Status: in_force

Not more than six months after an order to abate is entered under ORS 105.505 (Remedies available for private nuisance) , the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriff’s fees required by ORS 21.300 (Sheriff and process server fees) before executing the warrant, and may require that the plaintiff also pay all expenses of the sheriff incurred in executing the warrant. [Amended by 2011 c.366 §2]

Source: Section 105.510 — Procedure for abating a nuisance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.452 — OR Code / Title 10 / Chapter 105 / Section 105.452
105.452 Applicability of Oregon Receivership Code
Status: in_force

If applicable under ORS 37.040 (Applicability) , the Oregon Receivership Code applies to receiverships commenced under ORS 105.420 (Findings) to 105.455 (Short title) , except that the provisions of ORS 105.420 (Findings) to 105.455 (Short title) control over conflicting provisions of the Oregon Receivership Code. [2017 c.358 §53]

Source: Section 105.452 — Applicability of Oregon Receivership Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.010 — OR Code / Title 10 / Chapter 105 / Section 105.010
105.010 Contents of complaint
Status: in_force

The plaintiff in the complaint shall set forth:

(1) The nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of the term.

(2) That the plaintiff is entitled to the possession thereof.

(3) That the defendant wrongfully withholds the property from the plaintiff to the damage of the plaintiff for such sum as is therein claimed.

(4) A description of the property with such certainty as to enable the possession thereof to be delivered if there is recovery.

Source: Section 105.010 — Contents of complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.755 — OR Code / Title 10 / Chapter 90 / Section 90.755
90.755 Right to speak on political issues
Status: in_force

(1) No provision in any bylaw, rental agreement, regulation or rule may infringe upon the right of a person who rents a space for a manufactured dwelling or floating home to invite public officers, candidates for public office or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the facility at reasonable times and in a reasonable manner in an open public meeting. The landlord of a facility, however, may enforce reasonable rules and regulations relating to the time, place and scheduling of the speakers that will protect the interests of the majority of the homeowners.

(2) The landlord shall allow the tenant to place political signs on or in a manufactured dwelling or floating home owned by the tenant or the space rented by the tenant. The size of the signs and the length of time for which the signs may be displayed are subject to the reasonable rules of the landlord. [Formerly 91.925; 1991 c.844 §18; 1995 c.559 §40; 2009 c.816 §17]

Source: Section 90.755 — Right to speak on political issues; limitations; placement of political signs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.971 — OR Code / Title 10 / Chapter 97 / Section 97.971
97.971 Delivery of document of gift or refusal not required
Status: in_force

(1) A document of gift need not be delivered during the donor’s lifetime to be effective.

(2) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or the refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to whom the gift could pass under ORS 97.969 (Authorized recipients of anatomical gifts) . [2007 c.681 §12]

Note: See note under 97.951 (Short title) .

Source: Section 97.971 — Delivery of document of gift or refusal not required; right to examine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 91.225 — OR Code / Title 10 / Chapter 91 / Section 91.225
91.225 Local rent control prohibited
Status: in_force

(1) The Legislative Assembly finds that there is a social and economic need to insure an adequate supply of affordable housing for Oregonians. The Legislative Assembly also finds that the imposition of general restrictions on housing rents will disrupt an orderly housing market, increase deferred maintenance of existing housing stock, lead to abandonment of existing rental units and create a property tax shift from rental-owned to owner-occupied housing. Therefore, the Legislative Assembly declares that the imposition of rent control on housing in the State of Oregon is a matter of statewide concern.

(2) Except as provided in subsections (3) to (5) of this section, a city or county shall not enact any ordinance or resolution which controls the rent that may be charged for the rental of any dwelling unit.

(3) This section does not impair the right of any state agency, city, county or urban renewal agency as defined by ORS 457.035 (Urban renewal agencies) to reserve to itself the right to approve rent increases, establish base rents or establish limitations on rents on any residential property for which it has entered into a contract under which certain benefits are applied to the property for the expressed purpose of providing reduced rents for low income tenants. Such benefits include, but are not limited to, property tax exemptions, long-term financing, rent subsidies, code enforcement procedures and zoning density bonuses.

(4) Cities and counties are not prohibited from including in condominium conversion ordinances a requirement that, during the notification period specified in ORS 100.305 (Conversion condominium) , the owner or developer may not raise the rents of any affected tenant except by an amount established by ordinance that does not exceed the limit imposed by ORS 90.493 (Prohibited acts following notice of conversion to condominium) .

(5) Cities, counties and state agencies may impose temporary rent controls when a natural or man-made disaster that materially eliminates a significant portion of the rental housing supply occurs, but must remove the controls when the rental housing supply is restored to substantially normal levels.

(6) As used in this section, “dwelling unit” and “rent” have the meaning given those terms in ORS 90.100 (Definitions) .

(7) This section is applicable throughout this state and in all cities and counties therein. The electors or the governing body of a city or county shall not enact, and the governing body shall not enforce, any ordinance, resolution or other regulation that is inconsistent with this section. [1985 c.335 §2; 2007 c.705 §3]

Source: Section 91.225 — Local rent control prohibited; exclusions; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 93.269 — OR Code / Title 10 / Chapter 93 / Section 93.269
93.269 Declaration or covenant related to future fees, commissions or payments to declarant
Status: in_force

(1) An instrument that conveys, or contracts to convey, a fee simple interest in real property may not cause, or purport to cause, a declaration or covenant to be filed or recorded against the title to the real property if the declaration or covenant requires, or purports to require, the payment of a fee, commission or other payment to the declarant or to another person specified in the declaration or covenant, or to the declarant’s or other person’s successors or assigns, upon a transfer of a fee simple interest in the property.

(2) A declaration or covenant that requires, or purports to require, the payment of a fee, commission or other payment upon the transfer of a fee simple interest in real property to the declarant or other person specified in the declaration or covenant, or to the declarant’s or other person’s successors or assigns, upon a transfer of a fee simple interest in the property or that otherwise violates subsection (1) of this section, is void.

(3) Subsections (1) and (2) of this section do not apply to the following:

(a) An instrument that conveys or contracts to convey a fee simple interest in real property that provides for a grantee to pay consideration to a grantor for the interest in real property being transferred, including but not limited to any subsequent additional consideration for the property the grantee must pay based upon any subsequent appreciation, development or sale of the property.

(b) A requirement in a mortgage loan agreement for paying mortgage principal, interest and fees upon sale of the property by the mortgagee.

(c) A limited liability company, limited liability partnership, corporation, joint venture or partnership agreement in which a member, shareholder, joint venturer or partner contributes real property to the limited liability company, limited liability partnership, corporation, joint venture or partnership.

(d) An agreement that provides for a series of related transfers of the fee simple interest in a real property, if the agreement identifies with specificity the price of the transferred interest, all consideration given, party names and other essential terms for each transfer of interest that is part of the series.

(e) An affordable housing covenant, servitude, easement, condition or restriction in a deed, declaration, land sale contract, loan agreement, promissory note, trust deed, mortgage, security agreement or other instrument, including but not limited to instruments created as provided under ORS 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant) if:

(A) The proceeds of any fee, commission or other payment to a declarant or to another person specified in the instrument, or to the declarant’s or other person’s successors or assigns, are used exclusively to benefit the property, or to support activities that directly benefit the residents of the property, that is subject to the instrument; and

(B) The instrument is executed by:

(i) A public body as defined in ORS 174.109 (“Public body” defined) ;

(ii) An agency of the United States;

(iii) A public benefit corporation, religious corporation or foreign corporation, all as defined in ORS 65.001 (Definitions) , if the purposes of the corporation include providing affordable housing for low income households and moderate income households as those terms are defined in ORS 456.270 (Definitions for ORS 456.270 to 456.295) ;

(iv) A limited liability company, as defined in ORS 63.001 (Definitions) , that has a membership composed of one or more corporations described in sub-subparagraph (iii) of this subparagraph;

(v) A consumer housing cooperative as defined in ORS 456.548 (Definitions for ORS 456.548 to 456.725) ;

(vi) A manufactured dwelling park nonprofit cooperative, as defined in ORS 62.803 (Definitions for ORS 62.800 to 62.815) ; or

(vii) A federally recognized Indian tribe.

(f) A requirement for the payment of a fee to:

(A) A homeowners association as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783) ;

(B) An association of unit owners as defined in ORS 100.005 (Definitions) ;

(C) A managing entity of a timeshare plan, as those terms are defined in ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) ;

(D) Any other owners’ association that is governed by recorded covenants, conditions and restrictions; or

(E) An agent for an association or managing entity described in subparagraphs (A) to (D) of this paragraph.

(g) An agreement between a real estate licensee and a grantor or grantee that provides for any commission payable to the real estate licensee for the transfer of the real property. [2009 c.298 §1; 2015 c.436 §1]

Note: 93.269 (Declaration or covenant related to future fees, commissions or payments to declarant) 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 93.269 — Declaration or covenant related to future fees, commissions or payments to declarant; recording; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 91.030 — OR Code / Title 10 / Chapter 91 / Section 91.030
91.030 Tenancy by entirety or for life
Status: in_force

A tenancy by entirety and a tenancy for life shall be such as now fixed and defined by the laws of the State of Oregon. [Amended by 1969 c.591 §274]

Source: Section 91.030 — Tenancy by entirety or for life , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 93.850 — OR Code / Title 10 / Chapter 93 / Section 93.850
93.850 Warranty deed form
Status: in_force

(1) Warranty deeds may be in the following form:

_____, Grantor, conveys and warrants to _____, Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in ORS 93.850 (Warranty deed form) (2)(c), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property) (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration) .)

Dated this _____ day of _____, 2___.

(2) A deed in the form of subsection (1) of this section shall have the following effect:

(a) It shall convey the entire interest in the described property at the date of the deed which the deed purports to convey.

(b) The grantor, the heirs, successors and assigns of the grantor, shall be forever estopped from asserting that the grantor had, at the date of the deed, an estate or interest in the land less than that estate or interest which the deed purported to convey and the deed shall pass any and all after acquired title.

(c) It shall include the following covenants, each of which shall run in favor of the grantee and the successors in title of the grantee as if written in the deed:

(A) That at the time of the delivery of the deed the grantor is seized of the estate in the property which the grantor purports to convey and that the grantor has good right to convey the same.

(B) That at the time of the delivery of the deed the property is free from encumbrances except as specifically set forth on the deed.

(C) That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same.

(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed. [1973 c.194 §1; 1999 c.214 §1]

Source: Section 93.850 — Warranty deed form; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.878 — OR Code / Title 10 / Chapter 94 / Section 94.878
94.878 Duties of escrow agent
Status: in_force

An escrow agent holding funds under ORS 94.873 (Escrow account) :

(1) May invest the escrowed funds in securities of the federal government or any agency thereof or in savings or time deposits in institutions insured by an agency of the federal government according to the terms of the agreement between the escrow agent and the developer.

(2) Shall maintain separate books and records for each timeshare plan in accordance with generally accepted accounting methods. [1983 c.530 §36]

Source: Section 94.878 — Duties of escrow agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).