ORS § 94.657 — OR Code / Title 10 / Chapter 94 / Section 94.657
94.657 Rules of order
Status: in_force

(1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order published by the Robert’s Rules Association.

(2) A decision of the association or the board of directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied.

(3) A decision of the association and the board of directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. [2001 c.756 §4; 2009 c.641 §10]

Source: Section 94.657 — Rules of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.778 — OR Code / Title 10 / Chapter 97 / Section 97.778
97.778 Chairperson
Status: in_force

(1) The Oregon Commission on Historic Cemeteries shall select one of its members as chairperson and another as vice chairperson for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines.

(2) A majority of the members of the commission constitutes a quorum for the transaction of business.

(3) The commission shall meet at least once every three months at a place, day and hour determined by the commission. The commission also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. [1999 c.731 §5; 2003 c.173 §4]

Note: See note under 97.772 (Definition of “historic cemetery.”) .

Source: Section 97.778 — Chairperson; quorum; meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.250 — OR Code / Title 10 / Chapter 105 / Section 105.250
105.250 Compensation when partition cannot be made without prejudice to party’s interest
Status: in_force

When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation to be made by one party to another on account of the inequality of partition. Compensation shall not be required to be paid to others by owners unknown, nor by infants unless it appears that an infant has personal property sufficient for that purpose, and that the interest of the infant will be promoted thereby.

Source: Section 105.250 — Compensation when partition cannot be made without prejudice to party’s interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.825 — OR Code / Title 10 / Chapter 105 / Section 105.825
105.825 Action for injury to inheritance
Status: in_force

A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.

Source: Section 105.825 — Action for injury to inheritance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.641 — OR Code / Title 10 / Chapter 94 / Section 94.641
94.641 Assent of director to board action
Status: in_force

(1) A director of a homeowners association who is present at a meeting of the board of directors at which action is taken on any association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action because the director claims a conflict of interest.

(2) When action is taken on any matter at a meeting of the board of directors, the vote or abstention of each director present must be recorded in the minutes of the meeting.

(3) Directors may not vote by proxy or by secret ballot at meetings of the board of directors.

(4) Notwithstanding subsection (3) of this section, officers may be elected by secret ballot. [2007 c.409 §6]

Source: Section 94.641 — Assent of director to board action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.122 — OR Code / Title 10 / Chapter 100 / Section 100.122
100.122 Declaration prevails over inconsistent provisions of bylaws or articles of incorporation
Status: in_force

In the event of a conflict between the declaration and the bylaws or between the declaration and any articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 100.005 (Definitions) to 100.910 (Use of fees) . [1999 c.677 §62]

Note: 100.122 (Declaration prevails over inconsistent provisions of bylaws or articles of incorporation) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.122 — Declaration prevails over inconsistent provisions of bylaws or articles of incorporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.965 — OR Code / Title 10 / Chapter 94 / Section 94.965
94.965 Effective date of registration
Status: in_force

The application for registration shall automatically become effective upon the expiration of 45 calendar days following filing of a completed application with the Real Estate Commissioner unless:

(1) The application for registration is denied under ORS 94.968 (Denial, suspension and revocation of registration) ;

(2) The commissioner grants the registration effective as of an earlier date; or

(3) The applicant consents to a delay of the effective date. [1985 c.639 §5]

Source: Section 94.965 — Effective date of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.992 — OR Code / Title 10 / Chapter 97 / Section 97.992
97.992 Penalties for ORS 97.937
Status: in_force

Violation of any of the provisions of ORS 97.937 (Deposit of trust funds made by endowment care cemeteries) is a Class A misdemeanor. [Formerly 128.990; 2011 c.597 §157]

Note: 97.992 (Penalties for ORS 97.937) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.992 — Penalties for ORS 97.937 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.215 — OR Code / Title 10 / Chapter 105 / Section 105.215
105.215 Complaint
Status: in_force

The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff or is uncertain or contingent, or if the ownership of the inheritance depends upon an executory devise, or the remainder is a contingent remainder, so that the parties cannot be named, that fact shall be set forth in the complaint.

Source: Section 105.215 — Complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.550 — OR Code / Title 10 / Chapter 94 / Section 94.550
94.550 Definitions for ORS 94.550 to 94.783
Status: reserved

As used in ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) :

(1) “Assessment” means any charge imposed or levied by a homeowners association on or against an owner or lot pursuant to the provisions of the declaration or the bylaws of the planned community or provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(2) “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one lot in a planned community, or an agreement affecting more than one lot by which the developer holds such planned community under an option, contract to sell or trust agreement.

(3) “Class I planned community” means a planned community that:

(a) Contains at least 13 lots or in which the declarant has reserved the right to increase the total number of lots beyond 12; and

(b) Has an estimated annual assessment, including an amount required for reserves under ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) , exceeding $10,000 for all lots or $100 per lot based on:

(A) For a planned community created on or after January 1, 2002, the initial estimated annual assessment, including a constructive assessment based on a subsidy of the association through a contribution of funds, goods or services by the declarant; or

(B) For a planned community created before January 1, 2002, a reasonable estimate of the cost of fulfilling existing obligations imposed by the declaration, bylaws or other governing document as of January 1, 2002.

(4) “Class II planned community” means a planned community that:

(a) Is not a Class I planned community;

(b) Contains at least five lots; and

(c) Has an estimated annual assessment exceeding $1,000 for all lots based on:

(A) For a planned community created on or after January 1, 2002, the initial estimated annual assessment, including a constructive assessment based on a subsidy of the association through a contribution of funds, goods or services by the declarant; or

(B) For a planned community created before January 1, 2002, a reasonable estimate of the cost of fulfilling existing obligations imposed by the declaration, bylaws or other governing document as of January 1, 2002.

(5) “Class III planned community” means a planned community that is not a Class I or II planned community.

(6) “Common expenses” means expenditures made by or financial liabilities incurred by the homeowners association and includes any allocations to the reserve account under ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) .

(7) “Common property” means any real property or interest in real property within a planned community which is owned, held or leased by the homeowners association or owned as tenants in common by the lot owners, or designated in the declaration or the plat for transfer to the association.

(8) “Condominium” means property submitted to the provisions of ORS chapter 100.

(9) “Declarant” means any person who creates a planned community under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(10) “Declarant control” means any special declarant right relating to administrative control of a homeowners association, including but not limited to:

(a) The right of the declarant or person designated by the declarant to appoint or remove an officer or a member of the board of directors;

(b) Any weighted vote or special voting right granted to a declarant or to units owned by the declarant so that the declarant will hold a majority of the voting rights in the association by virtue of such weighted vote or special voting right; and

(c) The right of the declarant to exercise powers and responsibilities otherwise assigned by the declaration or bylaws or by the provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) to the association, officers of the association or board of directors of the association.

(11) “Declaration” means the instrument described in ORS 94.580 (Declaration) which establishes a planned community, and any amendments to the instrument.

(12) “Electric vehicle charging station” or “charging station” means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles.

(13) “Electronic meeting” means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present.

(14) “Governing document” means articles of incorporation, bylaws, a declaration or a rule, regulation or resolution that was properly adopted by the homeowners association or any other instrument or plat relating to common ownership or common maintenance of a portion of a planned community that is binding upon lots within the planned community.

(15) “Governing entity” means an incorporated or unincorporated association, committee, person or any other entity that has authority under a governing document to maintain commonly maintained property, to impose assessments on lots or to act on matters of common concern on behalf of lot owners within the planned community.

(16) “Homeowners association” or “association” means the organization of owners of lots in a planned community, created under ORS 94.625 (Formation of homeowners association) , required by a governing document or formed under ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) .

(17) “Majority” or “majority of votes” or “majority of owners” means more than 50 percent of the votes in the planned community.

(18) “Mortgagee” means any person who is:

(a) A mortgagee under a mortgage;

(b) A beneficiary under a trust deed; or

(c) The vendor under a land sale contract.

(19) “Owner” means the owner of any lot in a planned community, unless otherwise specified, but does not include a person holding only a security interest in a lot.

(20) “Percent of owners” or “percentage of owners” means the owners representing the specified voting rights as determined under ORS 94.658 (Voting or granting consent) .

(21) Intentionally left blank —Ed.

(a) “Planned community” means any subdivision under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) that results in a pattern of ownership of real property and all the buildings, improvements and rights located on or belonging to the real property, in which the owners collectively are responsible for the maintenance, operation, insurance or other expenses relating to any property within the planned community, including common property, if any, or for the exterior maintenance of any property that is individually owned.

(b) “Planned community” does not mean:

(A) A condominium under ORS chapter 100;

(B) A subdivision that is exclusively commercial or industrial;

(C) A timeshare plan under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) to 94.945 (Advertising regulation) ; or

(D) A development established on or after January 1, 2024, in which each residential unit is either:

(i) Subject to an affordability restriction, including an affordable housing covenant, as defined in ORS 456.270 (Definitions for ORS 456.270 to 456.295) ; or

(ii) Owned by a public benefit or religious nonprofit corporation.

(22) “Purchaser” means any person other than a declarant who, by means of a voluntary transfer, acquires a legal or equitable interest in a lot, other than as security for an obligation.

(23) “Purchaser for resale” means any person who purchases from the declarant more than two lots for the purpose of resale whether or not the purchaser for resale makes improvements to the lots before reselling them.

(24) “Recorded declaration” means an instrument recorded with the recording officer of the county in which the planned community is located that contains covenants, conditions and restrictions that are binding upon lots in the planned community or that impose servitudes on the real property.

(25) “Special declarant rights” means any rights, in addition to the rights of the declarant as a lot owner, reserved for the benefit of the declarant under the declaration or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , including but not limited to:

(a) Constructing or completing construction of improvements in the planned community which are described in the declaration;

(b) Expanding the planned community or withdrawing property from the planned community under ORS 94.580 (Declaration) (3) and (4);

(c) Converting lots into common property;

(d) Making the planned community subject to a master association under ORS 94.695 (Authority to delegate association powers to master association) ; or

(e) Exercising any right of declarant control reserved under ORS 94.600 (Declarant control of association) .

(26) “Successor declarant” means the transferee of any special declarant right.

(27) “Turn over” means the act of turning over administrative responsibility pursuant to ORS 94.609 (Notice of meeting to turn over administrative responsibility) and 94.616 (Turnover meeting) .

(28) “Unit” means a building or portion of a building located upon a lot in a planned community and designated for separate occupancy or ownership, but does not include any building or portion of a building located on common property.

(29) “Votes” means the votes allocated to lots in the declaration under ORS 94.580 (Declaration) (2). [1981 c.782 §3; 1999 c.677 §1; 2001 c.756 §5; 2003 c.569 §3; 2007 c.410 §1; 2013 c.438 §1; 2017 c.221 §5; 2017 c.423 §4; 2021 c.40 §9; 2023 c.223 §9]

Source: Section 94.550 — Definitions for ORS 94.550 to 94.783 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.200 — OR Code / Title 10 / Chapter 93 / Section 93.200
93.200 Trustees or executors now hold as joint tenants
Status: in_force

All trustees or executors holding real or personal property in trust on May 19, 1905, hold as joint tenants and not as tenants in common unless the conveyance, deed of trust, mortgage or devise, or order or decree of court creating or appointing the trustees or executors has declared otherwise.

Source: Section 93.200 — Trustees or executors now hold as joint tenants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 93.312 — OR Code / Title 10 / Chapter 93 / Section 93.312
93.312 Oregon Coordinate System
Status: in_force

(1) As used in this section, “Oregon Coordinate System” means a coordinate mapping system, composed of three coordinate projection mapping systems known as:

(a) The Oregon State Plane Coordinate System of 1927;

(b) The Oregon State Plane Coordinate System of 1983; and

(c) The Oregon Coordinate Reference System.

(2) A description of land that contains coordinates associated with the position of a point on a land boundary must:

(a) Use the Oregon Coordinate System;

(b) Use one specified zone and system for the entire description;

(c) Include coordinate system datum with epoch and zone designation;

(d) Use coordinates established by a survey connection to the National Spatial Reference System;

(e) Reference a survey of record that reports the accuracy of coordinates at a 95 percent confidence level; and

(f) Include distances, bearings, areas and other boundary elements.

(3) The Department of Transportation shall adopt rules implementing the Oregon Coordinate System. [2011 c.179 §1]

Note: 93.312 (Oregon Coordinate System) 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.

EXECUTION, ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS

Source: Section 93.312 — Oregon Coordinate System , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 91.050 — OR Code / Title 10 / Chapter 91 / Section 91.050
91.050 Tenancy at will
Status: reserved

One who enters into the possession of real estate with the consent of the owners, under circumstances not showing an intention to create a freehold interest, is considered a tenant at will. When the rent reserved in the lease at will is payable at periods of less than three months, a notice to terminate the tenancy is sufficient if it is equal to the interval between the times of payment of rent. The notice to terminate a tenancy at will is sufficient if given for the prescribed period prior to the expiration of the period for which, by the terms of the lease and holding, rents are to be paid.

Source: Section 91.050 — Tenancy at will , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 105.475 — OR Code / Title 10 / Chapter 105 / Section 105.475
105.475 Buyer’s statement of revocation of offer
Status: in_force

(1) If a seller issues a seller’s property disclosure statement and a buyer has not then delivered to the seller a written statement waiving the buyer’s right to revoke the buyer’s offer, the buyer shall have five business days after delivery of the seller’s property disclosure statement to revoke the buyer’s offer by delivering to the seller a separate signed written statement of revocation disapproving the seller’s disclosure.

(2) If a buyer fails to timely deliver to a seller a written statement revoking the buyer’s offer, the buyer’s right to revoke the buyer’s offer expires.

(3) If a buyer closes the transaction, the buyer’s right to revoke based on ORS 105.462 (Definitions for ORS 105.462 to 105.490) to 105.490 (Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies) , 696.301 (Grounds for discipline) and 696.870 (Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870) is terminated.

(4) If the seller fails or refuses to provide a seller’s property disclosure statement as required under this section, the buyer shall have a right of revocation until the right is terminated pursuant to subsection (3) of this section.

(5) If the buyer revokes the offer pursuant to this section, notwithstanding ORS 696.581 (Written escrow instructions or agreement required) , the buyer is entitled to immediate return of all deposits and other considerations delivered to any party or escrow agent with respect to the buyer’s offer, and the buyer’s offer is void.

(6) When the deposits and other considerations have been returned to the buyer, upon the buyer’s signed, written release and indemnification of the holders of the deposits and other considerations, the holders are released from all liability for the deposits and other considerations.

(7) Any seller’s property disclosure statement issued by the seller is part of and incorporated into the offer and the acceptance. [1993 c.547 §§2,3; 2003 c.328 §6]

Source: Section 105.475 — Buyer’s statement of revocation of offer; criteria , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.649 — OR Code / Title 10 / Chapter 105 / Section 105.649
105.649 Uniformity of application and construction
Status: in_force

In applying and construing ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) , consideration must be given to the need to promote uniformity of the law with respect to disclaimers among states that enact versions of the Uniform Disclaimer of Property Interests Act. [2001 c.245 §18]

Source: Section 105.649 — Uniformity of application and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.510 — OR Code / Title 10 / Chapter 97 / Section 97.510
97.510 Sale and conveyance of plots by cemetery authority
Status: in_force

(1) After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations as may be then in effect and subject to such other and further limitations, conditions and restrictions made a part of the declaration of dedication by reference or included in the instrument of conveyance of the plot.

(2) Scattering of cremated or reduced remains in a scattering garden is not a sale or conveyance. [Amended by 2007 c.661 §3; 2021 c.296 §11]

Source: Section 97.510 — Sale and conveyance of plots by cemetery authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.640 — OR Code / Title 10 / Chapter 90 / Section 90.640
90.640 Park damaged by natural disaster
Status: in_force

If a manufactured dwelling park is affected by a natural disaster, as defined in ORS 197.488 (Replacement of park destroyed by natural disaster) , unless the parties agree otherwise following the natural disaster:

(1) For a manufactured dwelling that is destroyed, the tenancy is immediately terminated and the parties are not further obligated under the rental agreement or this chapter, except that:

(a) The landlord shall, pursuant to ORS 90.300 (Security deposits) , return to the tenant any deposit and prepaid rent, including prorated rent from the date of the disaster.

(b) Unless a tenant is responsible for the natural disaster, the tenant is not responsible for cleanup of the space or removal of the dwelling.

(c) After the abatement of the emergency, the landlord shall notify the tenant and provide the tenant an opportunity to return to the rented space to search for valuables. A landlord may require the tenant to sign a release of liability related to the tenant’s presence on the space.

(2) For a manufactured dwelling that is not destroyed, but either the park or the dwelling is significantly damaged, the tenant may, within 30 days after the date that the dwelling unit is accessible after the disaster, provide written notice to the landlord that the tenant is terminating the tenancy as of the date of the natural disaster and is abandoning the manufactured dwelling under subsection (1) of this section.

(3) If the manufactured dwelling is not destroyed as described in subsection (1) of this section and the tenant does not provide a notice under subsection (2) of this section, the tenant shall continue to pay rent from the date the dwelling unit becomes accessible following the disaster, prorated to reflect any loss of value from damages to the park or the space.

(4) A tenant does not owe rent while the dwelling unit is inaccessible due to the natural disaster or the destruction of the dwelling unit.

(5) As used in this section, a dwelling unit is not considered accessible while a governmental agency has posted the dwelling unit as unsafe or unlawful to occupy, even if a tenant may begin repairs. [2021 c.260 §10]

Source: Section 90.640 — Park damaged by natural disaster , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.156 — OR Code / Title 10 / Chapter 105 / Section 105.156
105.156 Form of writ of execution for judgment of restitution
Status: in_force

The writ of execution of judgment of restitution referred to in ORS 105.151 (Enforcement of judgment of restitution) must be in substantially the following form:

State of Oregon, ) WRIT OF

) ss. EXECUTION OF

) JUDGMENT OF

) RESTITUTION

County of _____ )

To the Sheriff:

This was an eviction action for possession of the following premises:

___________________________

___________________________

___________________________

Judgment was entered that the plaintiff have restitution of the premises and that the plaintiff may be entitled to court costs and disbursements.

In the name of the State of Oregon, you are ordered to enforce and serve this writ on the defendant, in the manner provided in ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice) .

You are ordered to enter the premises and remove the defendant and any other individual present on the premises who is subject to the judgment and return possession of the premises to the plaintiff. You may use all reasonable force that may be necessary to enter the premises and remove individuals who are subject to the judgment.

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

DATED this ___ day of ______, ___.

__________________

Deputy Court Administrator

__________________

Plaintiff

__________________

Address

__________________

City/State/Zip

[2001 c.596 §17 ( 105.151 (Enforcement of judgment of restitution) , 105.152 (Form of notice of restitution for judgment entered under ORS 105.146) , 105.153 (Form of notice of restitution for judgment not entered under ORS 105.146) , 105.156 (Form of writ of execution for judgment of restitution) , 105.157 (Form of eviction trespass notice) , 105.158 (Service of notice of restitution) , 105.159 (Computation of time before plaintiff may request writ of execution) and 105.161 (Service and enforcement of writ of execution and eviction trespass notice) enacted in lieu of 105.154); 2003 c.378 §29; 2005 c.391 §37; 2007 c.255 §4]

Source: Section 105.156 — Form of writ of execution for judgment of restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 91.020 — OR Code / Title 10 / Chapter 91 / Section 91.020
91.020 Tenancies classified
Status: in_force

Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancy for years, tenancy from year to year, tenancy from month to month, tenancy by entirety and tenancy for life. The times and conditions of the holdings shall determine the nature and character of the tenancy. [Amended by 1969 c.591 §273]

Source: Section 91.020 — Tenancies classified , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 92.285 — OR Code / Title 10 / Chapter 92 / Section 92.285
92.285 Retroactive ordinances prohibited
Status: in_force

No retroactive ordinances shall be adopted under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) , 92.060 (Marking subdivision, partition or condominium plats with monuments) to 92.095 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) , 92.120 (Recording plats) , 93.640 (Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser) , 93.710 (Instruments or memoranda creating certain interests in realty) and 215.110 (Recommendations for implementation of comprehensive plan) . [1973 c.696 §21]

Source: Section 92.285 — Retroactive ordinances prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.370 — OR Code / Title 10 / Chapter 90 / Section 90.370
90.370 Tenant counterclaims in action by landlord for possession or rent
Status: in_force

(1) Intentionally left blank —Ed.

(a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount, not in excess of the jurisdictional limits of the court in which the action is brought, that the tenant may recover under the rental agreement or this chapter, provided that the tenant must prove that prior to the filing of the landlord’s action the landlord reasonably had or should have had knowledge or had received actual notice of the facts that constitute the tenant’s counterclaim.

(b) In the event the tenant counterclaims, the court at the landlord’s or tenant’s request may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and shall be paid the balance by the other party. The court may at any time release money paid into court to either party if the parties agree or if the court finds such party to be entitled to the sum so released. If no rent remains due after application of this section and unless otherwise agreed between the parties, a judgment shall be entered for the tenant in the action for possession.

(2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) of this section but is not required to pay any rent into court.

(3) If the tenant does not comply with an order to pay rent into the court as provided in subsection (1) of this section, the tenant shall not be permitted to assert a counterclaim in the action for possession.

(4) If the total amount found due to the tenant on any counterclaims is less than any rent found due to the landlord, and the tenant retains possession solely because the tenant paid rent into court under subsection (1) of this section, no attorney fees shall be awarded to the tenant unless the tenant paid at least the balance found due to the landlord into court no later than the commencement of the trial.

(5) When a tenant is granted a continuance for a longer period than two days, and has not been ordered to pay rent into court under subsection (1) of this section, the tenant shall be ordered to pay rent into court under ORS 105.140 (Continuance) (2). [Formerly 91.810; 1993 c.369 §9; 1995 c.559 §22]

Source: Section 90.370 — Tenant counterclaims in action by landlord for possession or rent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.020 — OR Code / Title 10 / Chapter 105 / Section 105.020
105.020 Substitution of landlord for tenant
Status: in_force

A defendant who is in actual possession may, for answer, plead that the defendant is in possession only as tenant of another; naming the landlord and the place of residence of the landlord. Thereupon the landlord, if the landlord applies therefor, shall be made defendant in place of the tenant and the action shall proceed in all respects as if originally commenced against the landlord. If the landlord does not apply to be made defendant within the day the tenant is allowed to answer, the landlord shall not be allowed to, but shall be made defendant if the plaintiff requires it. If the landlord is made defendant on motion of the plaintiff the landlord shall be required to appear and answer within 10 days from notice of the pendency of the action and the order making the landlord defendant, or such further notice as the court or judge thereof may prescribe.

Source: Section 105.020 — Substitution of landlord for tenant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.770 — OR Code / Title 10 / Chapter 94 / Section 94.770
94.770 Application of rule against perpetuities
Status: in_force

(1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630 (Powers of association) .

(2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(3) Title to a unit, lot and common property shall not be rendered unmarketable or otherwise affected by reason of a failure of the declarant or the declaration to comply with ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(4) If the provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) and the provisions of ORS chapter 65 apply to an association and the provisions conflict, the provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) control. [1981 c.782 §86; 1999 c.677 §69; 2003 c.569 §19]

Source: Section 94.770 — Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration’s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.621 — OR Code / Title 10 / Chapter 94 / Section 94.621
94.621 Rights of declarant following turnover meeting
Status: reserved

If a declarant has not completed development of lots or common property in a planned community at the time of the meeting called under ORS 94.609 (Notice of meeting to turn over administrative responsibility) , the declarant may continue to hold the special declarant rights, other than a right of declarant control, reserved under the declaration. [1981 c.782 §68; 1999 c.677 §12]

Source: Section 94.621 — Rights of declarant following turnover meeting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 91.120 — OR Code / Title 10 / Chapter 91 / Section 91.120
91.120 Eviction of employee
Status: in_force

An employee described in ORS 90.110 (Exclusions from application of this chapter) (7) may only be evicted pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) after at least 24 hours’ written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee. [1987 c.611 §3; 1997 c.577 §29; 2001 c.596 §41]

Source: Section 91.120 — Eviction of employee; notice required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 93.969 — OR Code / Title 10 / Chapter 93 / Section 93.969
93.969 URPTDA 13. Effect of transfer on death deed at transferor’s death
Status: in_force

(1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115 (Effect of judgment) , 112.455 (Definitions for ORS 112.455 to 112.555) to 112.555 (Final judgment as conclusive) or 112.570 (Definitions for ORS 112.570 to 112.590) to 112.590 (Protection of bona fide purchasers) and ORS 93.981 (Effect of divorce or annulment on transfer on death deed) , 93.983 (Transfer to parent who deserted or neglected transferor) and 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor) , when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and owned by the transferor at death:

(a) A designated beneficiary’s interest in the property:

(A) Is transferred to the designated beneficiary in accordance with the deed if the designated beneficiary survives the transferor; or

(B) Lapses if the designated beneficiary does not survive the transferor.

(b) If the transferor has identified multiple designated beneficiaries to receive concurrent interests in the property:

(A) Concurrent interests are transferred to the designated beneficiaries in equal and undivided shares with no right of survivorship; and

(B) The share of a designated beneficiary that lapses or fails for any reason is transferred to the remaining designated beneficiaries in proportion to the interest of each designated beneficiary in the remaining part of the property held concurrently.

(2) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens and other interests to which the property is subject at the transferor’s death, including a claim or lien by a state authorized to seek reimbursement for public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , if assets of the transferor’s probate estate are insufficient to pay the amount of the claim or lien.

(3) If a transferor is a joint owner and is:

(a) Survived by one or more joint owners, the property subject to a transfer on death deed belongs to the surviving joint owners with a right of survivorship.

(b) The last surviving joint owner, the transfer on death deed is effective.

(4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. [2011 c.212 §13; 2013 c.688 §10]

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

Source: Section 93.969 — URPTDA 13. Effect of transfer on death deed at transferor’s death , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.585 — OR Code / Title 10 / Chapter 94 / Section 94.585
94.585 Authority to amend declaration and initial bylaws to comply with federal or state laws
Status: in_force

A declarant may amend the declaration or initial bylaws in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Agriculture, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a planned community or lots in a planned community. However, if the need to amend the declaration or the initial bylaws occurs after the turnover to the homeowners association has occurred, the amendment must be approved by the association in accordance with the approval provisions of the declaration or bylaws. [1981 c.782 §19; 1991 c.67 §18; 1999 c.677 §6; 2007 c.71 §26]

Source: Section 94.585 — Authority to amend declaration and initial bylaws to comply with federal or state laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 95.230 — OR Code / Title 10 / Chapter 95 / Section 95.230
95.230 Transfer or obligation voidable as to present or future creditor
Status: in_force

(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(a) With actual intent to hinder, delay or defraud any creditor of the debtor; or

(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they become due.

(2) In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, to whether:

(a) The transfer or obligation was to an insider;

(b) The debtor had retained possession or control of the property transferred after the transfer;

(c) The transfer or obligation was disclosed or concealed;

(d) Before the transfer was made or obligation was incurred, the debtor was sued or threatened with suit;

(e) The transfer was of substantially all the debtor’s assets;

(f) The debtor had absconded;

(g) The debtor had removed or concealed assets;

(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(j) The transfer had occurred shortly before or shortly after a substantial debt was incurred; and

(k) The debtor had transferred the essential assets of the business to a lienor who had transferred the assets to an insider of the debtor.

(3) A creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by preponderance of the evidence. [1985 c.664 §4; 2023 c.83 §8]

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

Source: Section 95.230 — Transfer or obligation voidable as to present or future creditor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 105.126 — OR Code / Title 10 / Chapter 105 / Section 105.126
105.126 Form of complaint if ORS chapter 90 does not apply
Status: in_force

For a complaint described in ORS 105.123 (Complaint) , if ORS chapter 90 does not apply to the premises:

(1) The complaint must be in substantially the following form and be available from the clerk of the court:

(Landlord),

Plaintiff(s)

vs.

(Tenant),

Defendant(s)

1.

Defendant is in possession of the following premises:

__________________

__________________ (city)

2.

Defendant entered upon the premises with force or is unlawfully holding the premises with force.

3.

Plaintiff is entitled to possession of the premises, because:

_____ 30-day notice (month-to-month

tenancy)

_____ 30-day notice (cause)

_____ Notice to bona fide tenants after

foreclosure sale or termination of

fixed term tenancy after foreclosure

sale. ORS 86.782 (Sale of property) (6)(c).

_____ Other notice (explain) ________

_____ No notice (explain) _________

A COPY OF ANY NOTICE RELIED UPON IS ATTACHED

Wherefore, plaintiff prays for possession of the premises, costs and disbursements and attorney fees, if applicable.

__________________

Plaintiff

(2) A copy of the notice relied upon, if any, must be attached to the complaint. [2001 c.596 §6 ( 105.123 (Complaint) , 105.124 (Form of complaint if ORS chapter 90 applies) and 105.126 (Form of complaint if ORS chapter 90 does not apply) enacted in lieu of 105.125); 2003 c.378 §20; 2011 c.510 §4]

Source: Section 105.126 — Form of complaint if ORS chapter 90 does not apply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.449 — OR Code / Title 10 / Chapter 90 / Section 90.449
90.449 Landlord discrimination against victim
Status: in_force

(1) A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement:

(a) Because a tenant or applicant is, or has been, a victim of domestic violence, sexual assault, bias crime or stalking.

(b) Because of a violation of the rental agreement or a provision of this chapter, if the violation consists of an incident of domestic violence, sexual assault, bias crime or stalking committed against the tenant or applicant.

(c) Because of criminal activity relating to domestic violence, sexual assault, bias crime or stalking in which the tenant or applicant is the victim, or of any police or emergency response related to domestic violence, sexual assault, bias crime or stalking in which the tenant or applicant is the victim.

(2) A landlord may not impose different rules, conditions or standards or selectively enforce rules, conditions or standards against a tenant or applicant on the basis that the tenant or applicant is or has been a victim of domestic violence, sexual assault, bias crime or stalking.

(3) Notwithstanding subsections (1) and (2) of this section, a landlord may terminate the tenancy of a victim of domestic violence, sexual assault, bias crime or stalking if the landlord has previously given the tenant a written warning regarding the conduct of the perpetrator relating to domestic violence, sexual assault, bias crime or stalking and:

(a) The tenant permits or consents to the perpetrator’s presence on the premises and the perpetrator is an actual and imminent threat to the safety of persons on the premises other than the victim; or

(b) The perpetrator is an unauthorized occupant and the tenant permits or consents to the perpetrator living in the dwelling unit without the permission of the landlord.

(4) If a landlord violates this section:

(a) A tenant or applicant may recover up to two months’ periodic rent or twice the actual damages sustained by the tenant or applicant, whichever is greater;

(b) The tenant has a defense to an action for possession by the landlord; and

(c) The applicant may obtain injunctive relief to gain possession of the dwelling unit.

(5) Notwithstanding ORS 105.137 (Effect of failure of party to appear) (4), if a tenant asserts a successful defense under subsection (4) of this section to an action for possession, the tenant is not entitled to prevailing party fees, attorney fees or costs and disbursements if the landlord:

(a) Did not know, and did not have reasonable cause to know, at the time of commencing the action that a violation or incident on which the action was based was related to domestic violence, sexual assault, bias crime or stalking; and

(b) Promptly dismissed tenants other than the perpetrator from the action upon becoming aware that the violation or incident on which the action was based was related to domestic violence, sexual assault, bias crime or stalking. [2007 c.508 §4; 2011 c.42 §9; 2023 c.549 §1c]

Source: Section 90.449 — Landlord discrimination against victim; exception; tenant defenses and remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.604 — OR Code / Title 10 / Chapter 94 / Section 94.604
94.604 Transitional advisory committee
Status: in_force

(1) As provided in this section, the declarant or the owners of a planned community that contains at least 20 lots in either the initial development or with the annexation of additional property shall form a transitional advisory committee to provide for the transition from administrative responsibility by the declarant of the planned community under ORS 94.600 (Declarant control of association) to administrative responsibility by the association. The declarant shall call a meeting of owners for the purpose of selecting a transitional advisory committee not later than the 60th day after the date the declarant conveys 50 percent or more of the lots then existing in the planned community to owners other than a successor declarant.

(2) The transitional advisory committee shall consist of three or more members. The owners, other than the declarant, shall select two or more members. The declarant may select no more than one member. The committee shall have reasonable access to all information and documents which the declarant is required to turn over to the association under ORS 94.616 (Turnover meeting) .

(3) An owner may call a meeting of owners to select the transitional advisory committee if the declarant fails to do so under subsection (1) of this section.

(4) Notwithstanding subsection (1) of this section, if the owners do not select members for the transitional advisory committee under subsection (2) of this section, the declarant shall have no further obligation to form the committee.

(5) The requirement for a transitional advisory committee shall not apply once the turnover meeting called under ORS 94.609 (Notice of meeting to turn over administrative responsibility) has been held. [1981 c.782 §64; 1999 c.677 §9; 2003 c.569 §9]

Source: Section 94.604 — Transitional advisory committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.022 — OR Code / Title 10 / Chapter 100 / Section 100.022
100.022 Planning and property law do not affect condominium form of ownership
Status: in_force

Except as provided under ORS 100.015 (Regulation by Real Estate Commissioner) or explicitly required or allowed under this chapter, a zoning, subdivision, building code or other regulation by a public body, agency rule or local ordinance or regulation may not:

(1) Have the effect of prohibiting or restricting the condominium form of ownership; or

(2) Impose any restriction or requirement upon a structure, property or development that is submitted or proposed to be submitted to the condominium form of ownership under this chapter that it would not impose upon a structure or development under a different form of ownership, including:

(a) Any charge, tax or fee;

(b) A review or approval process by any person of a declaration, bylaw, plat, articles of incorporation, regulation, resolution or any other document relating to the condominium or the submission of the property or development to the condominium form of ownership;

(c) Any additional permitting requirements or conditions of approval of the property or development; or

(d) Any other requirements. [2009 c.641 §19; 2023 c.223 §11]

Note: 100.022 (Planning and property law do not affect condominium form of ownership) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.022 — Planning and property law do not affect condominium form of ownership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 101.100 — OR Code / Title 10 / Chapter 101 / Section 101.100
101.100 Transfer of registration
Status: in_force

No provider registration shall be transferred. A registered provider, who wishes to sell or transfer ownership of the continuing care retirement community to another party, shall first obtain approval from the Department of Human Services. [1989 c.693 §14]

Source: Section 101.100 — Transfer of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 105.245 — OR Code / Title 10 / Chapter 105 / Section 105.245
105.245 Sale or partition ordered by court
Status: in_force

If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall enter a judgment requiring a partition according to the respective rights of the parties, as ascertained by the court. The court shall appoint three referees to partition the property and shall designate the portion to remain undivided for the owners whose interest remain unknown or not ascertained. [Amended by 2003 c.576 §362]

Source: Section 105.245 — Sale or partition ordered by court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.605 — OR Code / Title 10 / Chapter 105 / Section 105.605
105.605 Suits to determine adverse claims
Status: in_force

Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or estate in real property which is not in the actual possession of another, including real property acquired by foreclosure of delinquent tax liens situated in the same county, may maintain a suit in equity against all persons who claim an adverse interest or estate in all or any part of the property for the purpose of determining the conflicting or adverse claims, interests or estates. One or more parcels may be included in one suit and the issue made by the pleadings in any suit by a municipality or county relating only to a certain parcel or part of the real property, shall be separately tried and determined upon motion of any interested party.

Source: Section 105.605 — Suits to determine adverse claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.520 — OR Code / Title 10 / Chapter 98 / Section 98.520
98.520 Notice of crime of unauthorized appropriation of shopping carts
Status: in_force

(1) A local government in an ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 (Unauthorized appropriation of shopping carts) shall provide that a person that supplies shopping carts for public use at the person’s business shall:

(a) Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015 (“Theft” described) and to provide a toll-free telephone number that members of the public may use to report abandoned shopping carts.

(b) Identify the person’s business on each shopping cart and post a sign on the shopping cart that:

(A) Notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under ORS 164.015 (“Theft” described) ; and

(B) Provides a toll-free telephone number for use in reporting an abandoned shopping cart.

(c) Establish, maintain and make available to the public, at the person’s own expense, a toll-free telephone line for the purpose of reporting abandoned shopping carts. The person shall forward each report the person receives concerning an abandoned shopping cart to the owner of the shopping cart and to the appropriate local government within one business day after the person receives the report. The person may forward the report to the local government by means of electronic mail or in any other manner provided for in a local government regulation.

(d) Retrieve or contract for the retrieval of abandoned shopping carts.

(2) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 (Unauthorized appropriation of shopping carts) shall provide that a person may agree with other persons to share and to pay expenses related to the toll-free telephone line described in subsection (1)(c) of this section. The agreement shall provide that any person designated to operate the toll-free telephone line and receive reports concerning abandoned shopping carts must forward the reports in accordance with subsection (1)(c) of this section.

(3) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 (Unauthorized appropriation of shopping carts) shall provide that a person shall retrieve a shopping cart that the person owns within 72 hours after receiving notification that the shopping cart has been abandoned.

(4) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 (Unauthorized appropriation of shopping carts) shall provide that:

(a) A local government that identifies, salvages or reclaims an abandoned shopping cart shall use the toll-free telephone line described in subsection (1)(c) of this section to report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if the owner is identifiable;

(b) A local government may take custody of an abandoned shopping cart and impose a fine of $50 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the local government makes a report under paragraph (a) of this subsection or after the owner receives a report under subsection (1)(c) of this section;

(c) A local government may release a shopping cart held in the local government’s custody to the owner upon payment of the fine; and

(d) A local government may take title to a shopping cart in the local government’s custody and dispose of the shopping cart as the local government deems appropriate, if the owner does not claim the shopping cart within 30 days.

(5) For purposes of this section, “local government” means a city, county, special district or other public commission, authority or entity organized under state statute or city or county charter. [Formerly 199.891]

Source: Section 98.520 — Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.804 — OR Code / Title 10 / Chapter 93 / Section 93.804
93.804 Requirement for original signatures for recording
Status: in_force

(1) As used in this section:

(a) “Instrument” includes an electronic record as defined in ORS 84.004 (Definitions for ORS 84.001 to 84.061) .

(b) “Original certification” or “original signature” includes an electronic signature as defined in ORS 84.004 (Definitions for ORS 84.001 to 84.061) .

(2) Except as provided in subsections (3) and (4) of this section, if an instrument presented for recording conveys an interest in real property and is required by law to be acknowledged or proved, a county clerk may not record the instrument unless the instrument contains the original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgment was made.

(3) A county clerk may record a certified copy of an instrument that conveys an interest in real property if a law authorizes recording a certified copy of the instrument and the instrument contains the original certification of the certifying officer.

(4) If an instrument that is eligible to be recorded under the laws of this state is presented for recording as an electronic image or by electronic means, a county clerk may record the instrument. If the county clerk records the instrument, the county clerk shall require the person that presents the instrument for recording to certify by electronic means or otherwise that the instrument, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section.

(5) A county clerk may enter into a contract to receive instruments as electronic images or by electronic means with a contractor that presents the instruments for recording on behalf of another person. The contractor or the other person shall certify by electronic means or otherwise that the instrument that the contractor presents for recording, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section. [1991 c.230 §21; 2011 c.386 §1; 2019 c.402 §1]

Source: Section 93.804 — Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.301 — OR Code / Title 10 / Chapter 100 / Section 100.301
100.301 Definitions for ORS 100.301 to 100.320
Status: in_force

As used in ORS 100.301 (Definitions for ORS 100.301 to 100.320) to 100.320 (Authority of city or county to require developer to pay tenant moving expenses) , “dwelling unit” and “tenant” have the meanings given those terms in ORS 90.100 (Definitions) . [2007 c.410 §10]

Source: Section 100.301 — Definitions for ORS 100.301 to 100.320 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.111 — OR Code / Title 10 / Chapter 105 / Section 105.111
105.111 Stay of eviction for state service member
Status: in_force

(1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (Ordering organized militia into active service of the state) (1) for 30 or more consecutive days.

(2) In an action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) , the court may stay the eviction of the defendant for up to 90 days if:

(a) The defendant is a state service member;

(b) The agreed-upon rent does not exceed $1,200 per month; and

(c) The premises are occupied chiefly for dwelling purposes by the spouse, children or other dependents of the defendant.

(3) If the defendant requests a stay of the eviction for up to 90 days and the defendant can prove that the ability of the defendant to pay the agreed-upon rent is materially affected by being called into active service, the court may grant the stay of the eviction. [2003 c.387 §7]

Source: Section 105.111 — Stay of eviction for state service member , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.316 — OR Code / Title 10 / Chapter 98 / Section 98.316
98.316 Deposits and refunds held by utilities
Status: in_force

The following funds held or owing by any utility are presumed abandoned if unclaimed by the apparent owner for more than one year after the date of termination of services or when the funds otherwise become payable or distributable:

(1) A deposit made by a subscriber with a utility to secure payment, or a sum paid in advance for utility services, less any lawful deductions.

(2) A sum received for utility services which a utility has been ordered to refund, together with any interest thereon and less any lawful deductions. [1957 c.670 §6; 1983 c.716 §2]

Source: Section 98.316 — Deposits and refunds held by utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 95.310 — OR Code / Title 10 / Chapter 95 / Section 95.310
95.310 Short title
Status: in_force

ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) may be cited as the Uniform Voidable Transactions Act. [1985 c.664 §12; 2023 c.83 §13]

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

Source: Section 95.310 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 98.045 — OR Code / Title 10 / Chapter 98 / Section 98.045
98.045 Applicability to unclaimed prepaid transportation cards
Status: in_force

(1) The provisions of ORS 98.005 (Rights and duties of finder of money or goods) , 98.015 (Liability of noncomplying finder) , 98.025 (Rights of owner) and 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) do not apply to prepaid transportation cards that are held or owing in the ordinary course of the holder’s business and that have remained unclaimed by the owner.

(2) As used in this section, “prepaid transportation card” means any prefunded record evidencing a promise that one or more units of state or local government of any state will provide to the owner or holder of the record, in the amount shown in the record, transportation services that may include but are not limited to the use of a transit system, road or bridge access, use of the transportation system of a transportation district and parking access. [2016 c.58 §1]

FINDER’S REPORTS

Source: Section 98.045 — Applicability to unclaimed prepaid transportation cards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.913 — OR Code / Title 10 / Chapter 93 / Section 93.913
93.913 Forfeiture allowed for default under certain collateral assignments of interest
Status: in_force

In the event of a default under a collateral assignment of the interest of a seller or purchaser in a land sale contract, including a collateral assignment of the proceeds thereof, the assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905 (Definitions for ORS 93.905 to 93.940) to 93.945 (Application of ORS 93.910 to 93.940) , unless the agreement between the parties otherwise prohibits such remedy. [1989 c.516 §3]

Note: 93.913 (Forfeiture allowed for default under certain collateral assignments of interest) and 93.918 (Continuation of proceedings after certain types of stay ordered by court) were added to and made a part of ORS chapter 93 by legislative action but were not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 93.913 — Forfeiture allowed for default under certain collateral assignments of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.957 — OR Code / Title 10 / Chapter 97 / Section 97.957
97.957 Methods of making anatomical gift before death of donor
Status: in_force

(1) A donor may make an anatomical gift:

(a) By a designation on the donor’s driver license or identification card;

(b) In a will;

(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness;

(d) By a donor card or other record signed by the donor or other person making the gift; or

(e) By authorizing that a statement, symbol or designation indicating that the donor has made an anatomical gift is to be included on a donor registry.

(2) If the donor or other person authorized to make an anatomical gift under ORS 97.955 (Purpose of anatomical gift) is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.

(3) Revocation, suspension, expiration or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(4) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

(5) An anatomical gift made by a designation on the donor’s driver license or identification card is conclusively presumed valid. [2007 c.681 §4; 2009 c.106 §1]

Note: See note under 97.951 (Short title) .

Source: Section 97.957 — Methods of making anatomical gift before death of donor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.965 — OR Code / Title 10 / Chapter 105 / Section 105.965
105.965 Exclusions from statutory rule against perpetuities
Status: in_force

ORS 105.950 (Statutory rule against perpetuities) , statutory rule against perpetuities, does not apply to:

(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

(a) A premarital or postmarital agreement;

(b) A separation or divorce settlement;

(c) A spouse’s election;

(d) A similar arrangement arising out of a prospective existing or previous marital relationship between the parties;

(e) A contract to make or not to revoke a will or trust;

(f) A contract to exercise or not to exercise a power of appointment;

(g) A transfer in satisfaction of a duty of support; or

(h) A reciprocal transfer;

(2) A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;

(3) A power to appoint a fiduciary;

(4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

(5) A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision;

(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;

(7) A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or

(8) A stewardship trust created pursuant to ORS 130.193 (Stewardship trust) if the terms of the trust clearly elect that the statutory rule against perpetuities not apply to the trust and include a reference to this subsection. [1989 c.208 §4; 2019 c.162 §6]

Source: Section 105.965 — Exclusions from statutory rule against perpetuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.905 — OR Code / Title 10 / Chapter 93 / Section 93.905
93.905 Definitions for ORS 93.905 to 93.940
Status: in_force

As used in ORS 93.905 (Definitions for ORS 93.905 to 93.940) to 93.940 (Effect of seller’s foreclosure or other action on interest, lien or claim) , unless the context requires otherwise:

(1) “Contract for transfer or conveyance of an interest in real property” shall not include earnest money or preliminary sales agreements, options or rights of first refusal.

(2) “Forfeiture remedy” means the nonjudicial remedy whereby the seller cancels the contract for default, declares the purchaser’s rights under the contract to be forfeited, extinguishes the debt and retains sums previously paid thereunder by the buyer.

(3) “Purchase price” means the total price for the interest in the real property as stated in the contract, including but not limited to down payment, other property or value given or promised for which a dollar value is stated in the contract and the balance of the purchase price payable in installments, not including interest. If the contract provides for the conveyance of an interest in more than one parcel of property, the purchase price shall include only the portion of the price attributable to the remaining, unconveyed interest in real property, if the value thereof is separately stated or can be determined from the terms of the contract.

(4) “Purchaser” means any person who by voluntary transfer acquires a contractual interest in real property, any successor in interest to all or any part of the purchaser’s contract rights of whom the seller has actual or constructive notice, and any person having a subordinate lien or encumbrance of record, including, but not limited to, a mortgagee, a beneficiary under a trust deed and a purchaser under a subordinate contract for transfer or conveyance of an interest in real property.

(5) “Seller” means any person who transfers or conveys an interest in real property, or any successor in interest of the seller.

(6) “Unpaid balance” means the sum of the unpaid principal balance, accrued unpaid interest and any sums actually paid by the seller on behalf of the purchaser for items required to be paid by the purchaser, including amounts paid for delinquent taxes, assessments or liens, or to obtain or reinstate required insurance. [1985 c.718 §1]

Source: Section 93.905 — Definitions for ORS 93.905 to 93.940 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.580 — OR Code / Title 10 / Chapter 105 / Section 105.580
105.580 Order of abatement
Status: in_force

(1) Except as provided in subsection (3) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the general judgment in the case.

(2) The order of abatement may direct the effectual closing of the premises, building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. The court shall not include provisions for the closing of the premises under the provisions of this subsection unless that relief is specifically requested in the complaint.

(3) The court, if satisfied of an owner’s good faith, shall enter no order of abatement as to that owner if the court finds that the owner:

(a) Had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance;

(b) Has not been guilty of any contempt of court in the proceedings; and

(c) Will make best efforts to immediately abate any nuisance that may exist and prevent it from being a nuisance for a period of one year thereafter.

(4) Except for an order of abatement entered based on the manufacture of a controlled substance, if an order of abatement has been entered and an owner subsequently meets the requirements of this section, the order of abatement shall be canceled as to that owner.

(5) If the court enters an order under this section on the basis that the property was used for the manufacture of a controlled substance, the court shall send a copy of the order to the Director of the Oregon Health Authority. The director or the director’s designee shall declare the property to be an illegal drug manufacturing site for purposes of ORS 453.855 (Purpose) to 453.912 (Governmental immunity from liability) . An order of the court under this section shall not be canceled until the director or the director’s designee determines the property to be fit for use. Upon determining the property to be fit for use, the director or designee shall notify the court, which shall cancel the abatement order. [1989 c.846 §7; 1997 c.769 §1; 1999 c.168 §3; 2003 c.576 §238; 2009 c.595 §65]

Source: Section 105.580 — Order of abatement; cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.600 — OR Code / Title 10 / Chapter 100 / Section 100.600
100.600 Termination of association or removal of real property by unit owners
Status: in_force

(1) Intentionally left blank —Ed.

(a) Subject to ORS 100.605 (Removal of property from association) , the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter by executing and recording an instrument to that effect and the holders of all liens affecting the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner in the property after the termination. The instrument shall state the interest of each unit owner and lienholder as determined under ORS 100.610 (Common ownership of property removed from unit ownership) .

(b) The recording of an instrument of termination shall vacate the plat but shall not vacate or terminate any recorded covenants, restrictions, easements or other interests not imposed under the declaration or bylaws or any easement granted by the plat unless the instrument of termination otherwise provides.

(c) Before the instrument of termination may be recorded, it must be signed by the county assessor for the purpose of acknowledging that the county assessor has been notified of the proposed termination.

(d) The person offering the instrument of termination for recording shall cause a copy of the recorded instrument, including the recording information, to be filed with the commissioner, the county assessor and the county surveyor. Upon receipt of the instrument of termination, the county surveyor may make appropriate annotations on the surveyor’s copy of the plat and any copies filed under ORS 92.120 (Recording plats) . Corrections or changes are not allowed on the original plat once it is recorded with the county clerk.

(e) Failure to file the copies as required under paragraph (d) of this subsection does not invalidate the termination.

(2) A portion of the property may be removed from the provisions of this chapter by recording simultaneously with the recording officer an amendment to the declaration and an amended plat approved as required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) , 100.116 (Plat amendment) and 100.135 (Amendments to declaration) . The amendment to the declaration shall:

(a) Include a metes and bounds legal description of the property being removed;

(b) Include a metes and bounds legal description of the resulting boundaries of the condominium after the removal;

(c) State the interest of each owner in the property being removed;

(d) State the allocation of interest of each unit in the common elements after the removal;

(e) Be approved and executed by the owner of any unit being removed and the owner of any unit to which a limited common element being removed pertains and acknowledged in the manner provided for acknowledgment of deeds;

(f) Be approved by the holder of any first mortgage on a unit or limited common element being removed;

(g) Be approved by at least 90 percent of owners, including any owner whose approval is required under paragraph (e) of this subsection;

(h) Be approved by any other mortgagees whose approval is required under the declaration or bylaws;

(i) Include any other approvals required by the declaration or bylaws; and

(j) Include a statement by the local governing body or appropriate department thereof that the removal will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the amendment.

(3) The amended plat required under subsection (2) of this section must:

(a) Comply with ORS 100.116 (Plat amendment) ;

(b) Include a “Statement of Removal” that the property described on the amended plat is removed from the condominium and that the condominium exists as described and depicted on the amended plat. The statement must be made and executed by the association and acknowledged; and

(c) Include such signatures of approval as may be required by local ordinance or regulation.

(4) The tax collector for any taxing unit having a lien for taxes or assessments may consent to such a transfer of any tax or assessment lien under subsection (1) of this section or the removal of a portion of the property under subsection (2) of this section. [Formerly 94.295; 1991 c.763 §29; 1997 c.816 §12; 1999 c.710 §8; 2001 c.756 §62; 2005 c.22 §78; 2009 c.641 §35; 2019 c.69 §32]

Source: Section 100.600 — Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.710 — OR Code / Title 10 / Chapter 105 / Section 105.710
105.710 Pleadings
Status: in_force

The complaint in a boundary suit is sufficient if it appears therefrom that the plaintiff and defendant are owners of adjacent lands, some part of which is in the county in which the suit is brought and that there is a controversy or dispute between the parties concerning their boundary or dividing line. It shall not be necessary to set forth the nature of the dispute or controversy except that the plaintiff shall describe the boundary or dividing line as the plaintiff claims it to be. The defendant in the answer shall set forth the nature of the claim of the defendant with reference to the location of the line in controversy.

Source: Section 105.710 — Pleadings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.881 — OR Code / Title 10 / Chapter 94 / Section 94.881
94.881 Who may serve as escrow agent
Status: in_force

(1) Funds placed into escrow under ORS 94.873 (Escrow account) shall be placed into an escrow account established solely for that purpose with one of the following acting as an escrow agent:

(a) An attorney who is a member of the Oregon State Bar;

(b) An insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , that is authorized to accept deposits in this state;

(c) A trust company, as defined in ORS 706.008 (Additional definitions for Bank Act) , that is authorized to transact trust business in this state; or

(d) An escrow agent licensed under ORS 696.505 (Definitions for ORS 696.505 to 696.590) to 696.590 (Penalty amounts) .

(2) In connection with sales of timeshares made outside of this state for the use of timeshare property located within this state, the escrow agent required under ORS 94.871 (When purchase money agreement prohibited) and 94.873 (Escrow account) may be located in and the purchasers’ funds, negotiable instruments, purchase money contracts and credit card authorizations may be held by the out-of-state escrow agent, if the law of the state in which the sales are made requires impoundment in that state and the out-of-state escrow agent is approved by the Real Estate Commissioner. [1983 c.530 §37; 1997 c.631 §393]

Source: Section 94.881 — Who may serve as escrow agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.975 — OR Code / Title 10 / Chapter 93 / Section 93.975
93.975 URPTDA 16. Form of transfer on death deed
Status: in_force

ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) govern the effect of an instrument used to create a transfer on death deed. The following form may be used to create a transfer on death deed:

( ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) )

You should carefully read all information on this form. You may want to consult a lawyer before using this form.

This form must be recorded before your death or it will not be effective.

Until a change is requested, the county clerk shall send tax statements to the following address: _______________

Owner or Owners Making This Deed:

Printed name: _________

Mailing address: _________

Printed name: _________

Mailing address: _________

Legal description of the property:

_______________

I designate the following beneficiary if the beneficiary survives me:

Printed name: _________

Mailing address, if available:

_______________

If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me:

Printed name: _________

Mailing address, if available:

_______________

At my death, I transfer my interest in the described property to the beneficiaries as designated above.

Before my death, I have the right to revoke this deed.

_______________

After recording, the county clerk shall return the deed to: _______________

Signature: _________

Date: _________

Signature: _________

Date: _________

State of _________

County of _________

This instrument was acknowledged before me on ___ (date) by _________. (name(s) of person(s))

_______________

(Signature of notarial officer)

(Seal, if any)

_______________

Title (and Rank)

My commission expires: _________

[2011 c.212 §16]

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

Source: Section 93.975 — URPTDA 16. Form of transfer on death deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.136 — OR Code / Title 10 / Chapter 105 / Section 105.136
105.136 Form of notice to tenants regarding rental and eviction assistance
Status: in_force

(1) The Judicial Department, in consultation with the Housing and Community Services Department, shall supply and may regularly update the notice required under ORS 90.395 (Required delivery of notice of rental assistance and support services before termination for nonpayment) (2) and 105.135 (Service and return of summons) (2)(d). The notice must be in substantially the following form:

THIS IS AN IMPORTANT NOTICE OF WHERE TO GET HELP IF YOU ARE FACING POTENTIAL EVICTION FOR NONPAYMENT.

For information in Spanish, Korean, Russian, Vietnamese or Chinese, go to the Judicial Department website at _________.

You must comply with deadlines identified in a notice of nonpayment, or you risk losing your housing.

Rental assistance and support services may be available. Dial 2-1-1 or go to www.211info.org or contact a local service provider at _________.

Low-income tenants may be able to receive free or low-cost legal advice by contacting a legal aid organization. Go to _________ to find an office near you.

The Oregon State Bar provides information about legal assistance programs at _________.

(2) The Judicial Department shall translate the completed form under subsection (1) of this section into the Spanish, Korean, Russian, Vietnamese and Chinese languages and shall display links to the English and translated forms prominently on the department’s website.

(3) Each form on the Judicial Department website under subsection (2) of this section must include a statement in English, Spanish, Korean, Russian, Vietnamese and Chinese indicating that the form and translations can be found on the Judicial Department website and providing the web address where the forms may be found. [2023 c.13 §56]

Note: 105.136 (Form of notice to tenants regarding rental and eviction assistance) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 105 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 105.136 — Form of notice to tenants regarding rental and eviction assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.277 — OR Code / Title 10 / Chapter 93 / Section 93.277
93.277 Restrictions on development of certain housing prohibited
Status: in_force

A provision in a recorded instrument affecting real property is not enforceable if:

(1) The provision would allow the development of a single-family dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 (Middle housing land division) for:

(a) Middle housing, as defined in ORS 197A.420 (Duplexes) ; or

(b) An accessory dwelling unit allowed under ORS 197A.425 (Accessory dwelling units) (1); and

(2) The instrument was executed on or after January 1, 2021. [2019 c.639 §13; 2021 c.103 §3]

Note: 93.277 (Restrictions on development of certain housing prohibited) 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 93.277 — Restrictions on development of certain housing prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.875 — OR Code / Title 10 / Chapter 90 / Section 90.875
90.875 Remedy for failure to give notice
Status: in_force

If a seller fails to provide notice under ORS 90.870 (Manner of giving notice) , a buyer, landlord or secured party without actual notice that suffers an ascertainable loss as a result of the failure may bring an individual action to recover actual damages or $200, whichever is greater. [2001 c.112 §4]

Note: See first note under 90.860 (Definitions for ORS 90.865 to 90.875) .

Source: Section 90.875 — Remedy for failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.840 — OR Code / Title 10 / Chapter 90 / Section 90.840
90.840 Park purchase funds, loans
Status: in_force

(1) The Director of the Housing and Community Services Department may lend funds available to the Housing and Community Services Department to provide funds necessary to carry out the provisions of ORS 456.581 (Uses of Manufactured Dwelling Parks Account) (2). Such funds advanced shall be repaid to the Housing and Community Services Department as determined by the director.

(2) Notwithstanding any budget limitation, the director may spend funds available from the Manufactured Dwelling Parks Account to employ personnel to carry out the provisions of ORS 456.581 (Uses of Manufactured Dwelling Parks Account) (1). [1989 c.919 §12; 2019 c.595 §17]

Source: Section 90.840 — Park purchase funds, loans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.460 — OR Code / Title 10 / Chapter 90 / Section 90.460
90.460 Alternate exit from bedroom required
Status: in_force

(1) As used in this section:

(a) “Bedroom” has the meaning given that term in ORS 90.262 (Use and occupancy rules and regulations) .

(b) “Building” means a dwelling unit or a structure containing a dwelling unit.

(2) A landlord shall provide at all times during the tenancy a route or routes of exit from each bedroom and, if required, a secondary route of exit from each bedroom, for use during an emergency. The routes of exit must conform to applicable law in effect at the time of occupancy of the building or in effect after a renovation or change of use of the building, whichever is later.

(3) Intentionally left blank —Ed.

(a) If the landlord fails to comply with the requirements of this section, the tenant may recover actual damages, and the tenant may terminate the tenancy by providing the landlord actual notice and a description of the noncompliance 72 hours prior to the date of termination.

(b) If the landlord cures the noncompliance within the 72-hour period:

(A) The tenancy does not terminate; and

(B) The tenant may recover the tenant’s actual damages.

(c) If the landlord fails to cure the noncompliance within the 72-hour period:

(A) The tenancy terminates;

(B) The tenant may recover twice the tenant’s actual damages or twice the periodic rent, whichever is greater; and

(C) The landlord must return all security deposits and prepaid rent owed to the tenant under ORS 90.300 (Security deposits) within four days after the termination. [2015 c.388 §13; 2016 c.53 §5]

Source: Section 90.460 — Alternate exit from bedroom required; tenant right to recover for landlord noncompliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.329 — OR Code / Title 10 / Chapter 98 / Section 98.329
98.329 Delivery of property before presumed abandoned
Status: in_force

A holder, with the written consent of the State Treasurer, and in compliance with rules prescribed by the State Treasurer, may report and deliver property before the property is presumed abandoned. [1993 c.694 §46; 2001 c.302 §3; 2019 c.678 §8]

Note: 98.329 (Delivery of property before presumed abandoned) was added to and made a part of 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 98.329 — Delivery of property before presumed abandoned; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 98.366 — OR Code / Title 10 / Chapter 98 / Section 98.366
98.366 Relief from liability by payment or delivery
Status: in_force

(1) Upon the payment or delivery of unclaimed property to the State Treasurer, the state shall assume custody and is responsible for its safekeeping. Any person who pays or delivers unclaimed property to the State Treasurer under ORS 98.352 (Report of abandoned property) is relieved of all liability to the extent of the value of the property paid or delivered for any claim that then exists or may arise in respect to the property.

(2) A holder who has paid money to the State Treasurer under ORS 98.352 (Report of abandoned property) may make payment to any person appearing to the holder to be entitled to payment. The State Treasurer shall reimburse the holder within 60 days of receiving proof that payment was made to a person who appeared to the holder to be entitled to payment without imposing any fee or other charge. [1957 c.670 §16; 1983 c.716 §12; 1993 c.694 §10; 2019 c.678 §15]

Source: Section 98.366 — Relief from liability by payment or delivery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.395 — OR Code / Title 10 / Chapter 105 / Section 105.395
105.395 Payment of proceeds to conservator of incapacitated person
Status: in_force

When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 §101]

Source: Section 105.395 — Payment of proceeds to conservator of incapacitated person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.515 — OR Code / Title 10 / Chapter 98 / Section 98.515
98.515 Unauthorized appropriation of shopping carts
Status: in_force

(1) A local government may enact or adopt an ordinance, charter provision, resolution or other regulation to prohibit the unauthorized appropriation of a shopping cart from the business premises of the person that owns the shopping cart and to provide for the salvage or reclamation of an abandoned shopping cart.

(2) An ordinance, charter provision, resolution or other regulation enacted or adopted as described in subsection (1) of this section shall substantially conform with the requirements set forth in ORS 98.520 (Notice of crime of unauthorized appropriation of shopping carts) . This subsection does not preclude a local government from enacting or adopting an ordinance, charter provision, resolution or other regulation related to persons that supply shopping carts for public use and that are subject to but not in compliance with ORS 98.520 (Notice of crime of unauthorized appropriation of shopping carts) (1).

(3) For purposes of this section, “local government” means a city, county, special district or other public commission, authority or entity organized under state statute or city or county charter. [Formerly 199.890]

Source: Section 98.515 — Unauthorized appropriation of shopping carts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.190 — OR Code / Title 10 / Chapter 105 / Section 105.190
105.190 Covenant of good faith and fair dealing
Status: in_force

Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party’s rights or duties under such covenant may be modified only by express provision in the lease agreement. [1997 c.845 §1]

Source: Section 105.190 — Covenant of good faith and fair dealing; rights and obligations of parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.638 — OR Code / Title 10 / Chapter 105 / Section 105.638
105.638 Disclaimer of power of appointment or other power not held in fiduciary capacity
Status: in_force

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. [2001 c.245 §9]

Source: Section 105.638 — Disclaimer of power of appointment or other power not held in fiduciary capacity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.940 — OR Code / Title 10 / Chapter 94 / Section 94.940
94.940 False practices prohibited
Status: in_force

No person shall, in connection with an offering, sale or lease of an interest in a timeshare plan:

(1) Employ any device, scheme or artifice to defraud;

(2) Make any untrue statement of a material fact;

(3) Fail to state a material fact necessary to make a statement clear;

(4) Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet or other literature containing an untrue statement of a material fact or that fails to state a material fact necessary to make the statements made in the literature not misleading;

(5) Issue, circulate or publish any advertising matter or make any written representation, unless the name of the person issuing, circulating or publishing the matter or making the representation is clearly indicated; or

(6) Make any statement or representation, or issue, circulate or publish any advertising matter containing any statement that the timeshare plan has been in any way approved or indorsed by the Real Estate Commissioner except in conjunction with a public report issued by the commissioner under ORS 94.828 (Public report on plan) (1), (2) and (4). [1983 c.530 §41]

Source: Section 94.940 — False practices prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.396 — OR Code / Title 10 / Chapter 98 / Section 98.396
98.396 Determination of claim
Status: in_force

(1) The State Treasurer shall consider any claim filed under ORS 98.392 (Claiming unclaimed property) and may hold a hearing and receive evidence concerning the claim. If a hearing is held, the State Treasurer shall prepare findings and a decision in writing on each claim filed, stating the substance of any evidence heard by the State Treasurer and the reasons for the decision. A decision is a public record.

(2) If the claim allowed is for property deposited in the Unclaimed Property and Estates Fund, the State Treasurer shall return the property or make payment of the proceeds of the sale of the property to the claimant.

(3) If the claim allowed is for funds deposited in the General Fund, the State Treasurer shall pay the claim from the fund against which the check or order represented in the claim was issued. [1957 c.670 §22; 1983 c.716 §19; 1989 c.183 §3; 1993 c.694 §18; 2019 c.678 §23; 2021 c.424 §12]

Source: Section 98.396 — Determination of claim; payment; reimbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.782 — OR Code / Title 10 / Chapter 97 / Section 97.782
97.782 Listing of historic cemeteries
Status: in_force

A historic cemetery that is not an operating cemetery, as defined in ORS 692.010 (Definitions) , shall be listed with the Oregon Commission on Historic Cemeteries. An owner or any other person or association of individuals that maintains such a historic cemetery shall list the historic cemetery with the Oregon Commission on Historic Cemeteries on a form provided by the commission. No fee shall be required from a historic cemetery for listing. [1999 c.731 §7; 2003 c.173 §6]

Note: See note under 97.772 (Definition of “historic cemetery.”) .

Source: Section 97.782 — Listing of historic cemeteries; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.630 — OR Code / Title 10 / Chapter 97 / Section 97.630
97.630 Family plots
Status: in_force

(1) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner, or of the remains of the record owner, is made in a plot transferred by deed or certificate of ownership to an individual owner, and the owner dies without making disposition of the plot, either by direction in the owner’s will, or by a written declaration filed and recorded in the office of the cemetery authority, the plot thereby becomes inalienable and shall be held as the family plot of the owner, and occupied in the following order:

(a) One grave, niche or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if there is one, who by ORS 97.010 (Definitions) to 97.040 (Private family burial grounds) , 97.110 (Human remains not to be attached) to 97.450 (Discontinuance of cemetery and removal of remains and markers) , 97.510 (Sale and conveyance of plots by cemetery authority) to 97.730 (Gifts and bequests in trust for cemeteries) , 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) and 97.990 (Penalties) has a vested right of interment in it; and in those remaining, if any, the children of the deceased owner in order of death may be interred without the consent of any person claiming any interest in the plot.

(b) If no child survives, the right of interment goes in order of death to the spouse of any child of the record owner.

(2) Any surviving spouse, child or child’s spouse who has a right of interment in a family plot may waive such right in favor of any other relative or spouse of a relative of either the deceased owner or of the deceased owner’s spouse, and upon such waiver the remains of the person in whose favor the waiver is made may be interred in the plot.

(3) Notwithstanding subsection (1) of this section, the personal representative of the deceased owner of a family plot may sell unoccupied interment spaces in the plot as property of the estate of the deceased owner when there are no existing rights of interment in those spaces or all existing rights of interment in those spaces have been waived and thereby terminated.

(4) Whenever a plot is transferred by deed or certificate of ownership to an individual owner and the transfer is recorded on the books of the cemetery authority, the cemetery authority shall provide to the individual owner a written statement, in a form approved by the State Mortuary and Cemetery Board, containing a clear explanation of the provisions of subsections (1) and (2) of this section and of the rights of interment established thereby. [Amended by 1985 c.652 §1]

Source: Section 97.630 — Family plots; order of occupation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.504 — OR Code / Title 10 / Chapter 94 / Section 94.504
94.504 Development agreements
Status: in_force

(1) A city or county may enter into a development agreement as provided in ORS 94.504 (Development agreements) to 94.528 (Recording) with any person having a legal or equitable interest in real property for the development of that property.

(2) A development agreement shall specify:

(a) The duration of the agreement;

(b) The permitted uses of the property;

(c) The density or intensity of use;

(d) The maximum height and size of proposed structures;

(e) Provisions for reservation or dedication of land for public purposes;

(f) A schedule of fees and charges;

(g) A schedule and procedure for compliance review;

(h) Responsibility for providing infrastructure and services;

(i) The effect on the agreement when changes in regional policy or federal or state law or rules render compliance with the agreement impossible, unlawful or inconsistent with such laws, rules or policy;

(j) Remedies available to the parties upon a breach of the agreement;

(k) The extent to which the agreement is assignable; and

(L) The effect on the applicability or implementation of the agreement when a city annexes all or part of the property subject to a development agreement.

(3) A development agreement shall set forth all future discretionary approvals required for the development specified in the agreement and shall specify the conditions, terms, restrictions and requirements for those discretionary approvals.

(4) A development agreement shall also provide that construction shall be commenced within a specified period of time and that the entire project or any phase of the project be completed by a specified time.

(5) A development agreement shall contain a provision that makes all city or county obligations to expend moneys under the development agreement contingent upon future appropriations as part of the local budget process. The development agreement shall further provide that nothing in the agreement requires a city or county to appropriate any such moneys.

(6) A development agreement must state the assumptions underlying the agreement that relate to the ability of the city or county to serve the development. The development agreement must also specify the procedures to be followed when there is a change in circumstances that affects compliance with the agreement.

(7) A development agreement is binding upon a city or county pursuant to its terms and for the duration specified in the agreement.

(8) The maximum duration of a development agreement entered into with:

(a) A city is 15 years; and

(b) A county is seven years.

(9) ORS 94.504 (Development agreements) to 94.528 (Recording) do not limit the authority of a city or county to take action pursuant to ORS 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant) . [1993 c.780 §1; 2005 c.315 §1; 2007 c.691 §7]

Note: 94.504 (Development agreements) to 94.528 (Recording) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 94 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 94.504 — Development agreements; contents; duration; effect on affordable housing covenants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.530 — OR Code / Title 10 / Chapter 90 / Section 90.530
90.530 Pets in facilities
Status: in_force

(1) Notwithstanding a change in the rules and regulations of a manufactured dwelling or floating home facility that would prohibit pets, a tenant may keep a pet that is otherwise legally living with the tenant at the time the landlord provides notice of the proposed change to the rules and regulations of the facility. The tenant may replace a pet with a pet similar to the one living with the tenant at the time the landlord provided notice of the proposed change. New rules and regulations that regulate the activities of pets shall apply to all pets in the facility, including those pets that were living in the facility prior to the adoption of the new rules or regulations.

(2) A rental agreement between a landlord renting a space for a manufactured dwelling or floating home and a tenant renting the space must comply with the following:

(a) A landlord may not charge a one-time, monthly or other periodic amount based on the tenant’s possession of a pet.

(b) A landlord may provide written rules regarding control, sanitation, number, type and size of pets. The landlord may require the tenant to sign a pet agreement and to provide proof of liability insurance. The landlord may require the tenant to make the landlord a co-insured for the purpose of receiving notice in the case of cancellation of the insurance.

(c) A landlord may charge a tenant an amount for a violation of a written pet agreement or rules relating to pets not to exceed $50 for each violation. [1997 c.304 §2; 2001 c.596 §35b; 2003 c.378 §17]

Source: Section 90.530 — Pets in facilities; rental agreements; violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.450 — OR Code / Title 10 / Chapter 93 / Section 93.450
93.450 Proof where witnesses are dead or absent
Status: in_force

When any grantor is dead, out of this state, or refuses to acknowledge the deed, and all the subscribing witnesses to the deed are also dead or reside out of this state, it may be proved before the circuit court, or any judge thereof, by proving the handwriting of the grantor and of any subscribing witness thereto.

Source: Section 93.450 — Proof where witnesses are dead or absent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 99.030 — OR Code / Title 10 / Chapter 99 / Section 99.030
99.030 Procedure when five or more claimants
Status: in_force

When five or more persons claim property as provided in ORS 99.010 (Procedure for reclaiming property placed on another’s land by high water) , they shall give notice to all interested of the time and place of such arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to each claimant such a portion of the property as the arbitrators deem reasonable and just.

Source: Section 99.030 — Procedure when five or more claimants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors099.­html (accessed May 26, 2025).
ORS § 91.090 — OR Code / Title 10 / Chapter 91 / Section 91.090
91.090 Termination of tenancy by failure to pay rent
Status: reserved

The failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days, unless a different period is stipulated in the lease, after it becomes due and payable, operates to terminate the tenancy. No notice to quit or pay the rent is required to render the holding of such tenant thereafter wrongful; however, if the landlord, after such default in payment of rent, accepts payment thereof, the lease is reinstated for the full period fixed by its terms, subject to termination by subsequent defaults in payment of rent.

Source: Section 91.090 — Termination of tenancy by failure to pay rent; reinstatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 92.179 — OR Code / Title 10 / Chapter 92 / Section 92.179
92.179 Liability for costs of relocating utility facilities
Status: in_force

Notwithstanding any other provision of law, a person who subdivides or partitions real property shall be liable for the reasonable and necessary costs of continuing utility service to structures on the property being subdivided or partitioned if the subdividing or partitioning causes utility lines to be moved or service to be interrupted, unless the person subdividing or partitioning the real property grants an easement to the utility service provider to accommodate continuing utility service to the structures. [1997 c.523 §2]

Source: Section 92.179 — Liability for costs of relocating utility facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.642 — OR Code / Title 10 / Chapter 98 / Section 98.642
98.642 Effect of failure to remove trees, logs, poles or piling
Status: in_force

Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any state highway or upon real property adjacent thereto which is owned by the state, by and through its Department of Transportation, shall be conclusively presumed abandoned, and title thereto shall vest in the state, by and through its Department of Transportation, and the department is hereby authorized to remove, destroy, sell or otherwise dispose of the same. [1953 c.312 §2]

Source: Section 98.642 — Effect of failure to remove trees, logs, poles or piling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 100.123 — OR Code / Title 10 / Chapter 100 / Section 100.123
100.123 Authority to amend declaration or bylaws to comply with federal or state law
Status: in_force

(1) As used in this section, “document” means a declaration, supplemental declaration or bylaws, or an amendment thereto.

(2) A declarant may amend a document in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Agriculture, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a condominium or units in a condominium.

(3) If a need arises to amend a document after turnover to the association of unit owners has occurred, the amendment must be approved by the association in accordance with the approval provisions of the declaration or bylaws and this chapter.

(4) An amendment adopted by the declarant under this section must include:

(a) A statement of the purpose of the amendment.

(b) A reference to the specific requirements of the entity specified in subsection (2) of this section with which the original document does not comply.

(c) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being amended and any other applicable supplemental declarations, supplemental plats or amendments to the documents.

(d) A statement that the amendment is adopted under this section.

(5) An amendment adopted under this section is not effective unless the amendment is:

(a) Approved by the Real Estate Commissioner under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) or 100.668 (Documents and information included with filing) , as applicable;

(b) Approved by the county tax assessor if required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) ; and

(c) Executed by the declarant, acknowledged and recorded. [2007 c.410 §4; 2019 c.69 §14]

Note: 100.123 (Authority to amend declaration or bylaws to comply with federal or state law) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.123 — Authority to amend declaration or bylaws to comply with federal or state law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.020 — OR Code / Title 10 / Chapter 93 / Section 93.020
93.020 Creating, transferring or declaring estates or interests in realty
Status: in_force

(1) No estate or interest in real property, other than a lease for term not exceeding one year, nor any trust or power concerning such property, can be created, transferred or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring or declaring it, or by the lawful agent of the party under written authority, and executed with such formalities as are required by law.

(2) This section does not affect the power of a testator in the disposition of real property by a last will and testament, nor to prevent a trust from arising or being extinguished by implication or operation of law, nor to affect the power of a court to compel the specific performance of an agreement in relation to such property.

Source: Section 93.020 — Creating, transferring or declaring estates or interests in realty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.405 — OR Code / Title 10 / Chapter 105 / Section 105.405
105.405 Costs and expenses of partition
Status: in_force

(1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition.

(2) The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 §1; 2003 c.576 §368]

Source: Section 105.405 — Costs and expenses of partition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.992 — OR Code / Title 10 / Chapter 98 / Section 98.992
98.992 Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436
Status: in_force

A person who willfully fails to render any report, to pay or deliver property or to perform other duties required by ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) may be required to forfeit and pay to the State Treasurer to be deposited in the Unclaimed Property and Estates Fund, an amount determined by the State Treasurer pursuant to ORS 183.745 (Civil penalty procedures) of not more than $1,000 for individuals and $50,000 for corporations. This penalty shall be assessed only after at least one reporting cycle, and only after the State Treasurer has provided the person with written instructions, including copies of applicable laws and policies. The State Treasurer may waive any penalty due under this section with appropriate justification. [1993 c.694 §25; 2019 c.678 §30; 2021 c.424 §13]

Source: Section 98.992 — Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.560 — OR Code / Title 10 / Chapter 94 / Section 94.560
94.560 Legislative findings
Status: in_force

The Legislative Assembly finds that:

(1) In the State of Oregon there are hundreds of homeowners associations to which the Oregon Condominium Law (ORS chapter 100) does not apply.

(2) These homeowners associations have established a pattern of ownership in which ownership of a single unit makes the owner automatically a member of a homeowners association with responsibilities for management and maintenance.

(3) Many of these homeowners associations as associations and their members as individuals have experienced problems from the lack of statutory provisions. These problems which have arisen are usually the result of inexperience with this kind of ownership. This inexperience often leads to difficulties for the association when it assumes responsibility for the administration of the planned development because usually neither the developer who drafted the documents nor the local jurisdiction which may have reviewed them has realized the long term management implications of the restrictions imposed by the documents. The most serious and frequent error is imposing excessive voting requirements for any changes in the documents, a basic error that makes it and other errors unnecessarily difficult, if not impossible, to correct. Of almost equal importance is the lack of disclosure of significant differences this pattern of ownership imposes on the homeowner and the restrictions on choice that must be accepted.

(4) Oregon land conservation policies and the increasing cost of land will result in rapid growth of this kind of homeownership pattern.

(5) It is a matter of statewide concern that the Legislative Assembly address problems associated with homeowners associations in order to make this kind of homeownership pattern an acceptable choice and in order to assure proper maintenance of the projects so that the investment of the owners and the appearance of Oregon communities are protected.

(6) It is essential that the Legislative Assembly establish basic statutory requirements for disclosure to first and subsequent buyers, for the organization of the homeowners association, and for a process by which administrative responsibility for the planned community is transferred from the developer to the association of individual owners.

(7) ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) are intended to make developers, their legal counsel and homeowners in Oregon homeowners associations the beneficiaries of experience accumulated under Oregon’s condominium law and gathered from members of existing Oregon homeowners associations and associations in parts of the country where the record of experience is longer than that in Oregon. [1981 c.782 §3a]

Source: Section 94.560 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.854 — OR Code / Title 10 / Chapter 98 / Section 98.854
98.854 Prohibitions placed on tower
Status: in_force

A tower may not:

(1) Intentionally left blank —Ed.

(a) Tow a motor vehicle from a parking facility unless there is a sign displayed in plain view at the parking facility that, using clear and conspicuous language, prohibits or restricts public parking at the parking facility.

(b) Notwithstanding paragraph (a) of this subsection, a tower may tow a motor vehicle from a parking facility with the prior consent of the owner or operator of the motor vehicle.

(2) Except as provided in ORS 98.853 (Conditions allowing towing) , tow a motor vehicle from a parking facility without first contacting the owner of the parking facility or the owner’s agent at the time of the tow and receiving signed authorization from the owner of the parking facility or the owner’s agent that the tower should tow the motor vehicle. The tower shall maintain for at least two years, in electronic or printed form, each signed authorization received under this subsection. Upon request, the tower shall provide a copy of the signed authorization to the owner or operator of the motor vehicle at no additional charge.

(3) Serve as an agent of an owner of a parking facility for the purpose of signing an authorization required by subsection (2) of this section.

(4) Tow a motor vehicle from a parking facility if the owner of the parking facility or the owner’s agent is an employee of a tower.

(5) Charge more than a price disclosed under ORS 98.856 (Tower responsibility of disclosure to owner or operator of vehicle) when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.

(6) Charge more than an amount set under ORS 98.859 (Maximum rates for towing) when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.

(7) Solicit towing business at, or within 1,000 feet of, the site of a motor vehicle accident, unless the tower tows the motor vehicle pursuant to a prenegotiated payment agreement between the tower and a motor vehicle road service company.

(8) Park a tow vehicle within 1,000 feet of a parking facility for the purpose of monitoring the parking facility for towing business.

(9) Provide consideration to obtain the privilege of towing motor vehicles from a parking facility. For the purposes of this paragraph, the provision of:

(a) Signs by a tower under ORS 98.862 (Exceptions to requirements of ORS 98.856) does not constitute consideration.

(b) Goods or services by a tower below fair market value constitutes consideration.

(10) Require, as a condition of towing a motor vehicle or releasing a motor vehicle or personal property in the motor vehicle, that the owner or operator of the motor vehicle agree not to dispute:

(a) The reason for the tow;

(b) The validity or amount of charges; or

(c) The responsibility of the tower for the condition of the motor vehicle or personal property in the motor vehicle.

(11) Hold a towed motor vehicle for more than 24 hours without:

(a) Taking an inventory of all personal property in the motor vehicle that is visible from the exterior of the motor vehicle; and

(b) Holding the personal property in the motor vehicle in a secure manner.

(12) Accept cash as a method of payment for towing services unless the tower provides exact change not later than the end of the business day following receipt of payment.

(13) Operate in a city or county without a license issued by the city or county if required by ORS 98.861 (Licenses for towing) .

(14) Charge for the hookup and release of a motor vehicle except as provided in ORS 98.853 (Conditions allowing towing) . [2007 c.538 §3; 2009 c.622 §2; 2013 c.135 §1; 2013 c.691 §1; 2017 c.480 §7]

Source: Section 98.854 — Prohibitions placed on tower , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.957 — OR Code / Title 10 / Chapter 93 / Section 93.957
93.957 URPTDA 7. Nontestamentary nature of transfer on death deed
Status: in_force

A transfer on death deed is nontestamentary. [2011 c.212 §7]

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

Source: Section 93.957 — URPTDA 7. Nontestamentary nature of transfer on death deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 98.852 — OR Code / Title 10 / Chapter 98 / Section 98.852
98.852 Definitions for ORS 98.853 to 98.862
Status: in_force

As used in ORS 98.853 (Conditions allowing towing) to 98.862 (Exceptions to requirements of ORS 98.856) :

(1) “Business day” means Mondays through Friday, excluding legal holidays.

(2) “Consideration” has the meaning given that term in ORS 171.725 (Definitions for ORS 171.725 to 171.785) .

(3) “Law enforcement agency” has the meaning given that term in ORS 131.915 (Definitions) .

(4) “Motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle.”) .

(5) “Parking facility” has the meaning given that term in ORS 98.805 (Definitions for ORS 98.810 to 98.818, 98.830 and 98.840) .

(6) “Personal property of an emergency nature” includes, but is not limited to, prescription medication, eyeglasses, hearing aids, clothing, identification, a wallet, a purse, a credit card, a checkbook, cash and child safety car and booster seats.

(7) “Tower” means a person that:

(a) Owns or operates a tow vehicle for profit; or

(b) Is employed by a person that owns or operates a tow vehicle for profit.

(8) “Tow vehicle” has the meaning given that term in ORS 801.530 (“Tow vehicle.”) . [2007 c.538 §2; 2017 c.480 §6; 2017 c.523 §1; 2019 c.13 §24]

Source: Section 98.852 — Definitions for ORS 98.853 to 98.862 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 92.190 — OR Code / Title 10 / Chapter 92 / Section 92.190
92.190 Effect of replat
Status: in_force

(1) The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

(2) Nothing in ORS 92.180 (Authority to review replats) to 92.190 (Effect of replat) is intended to prevent the operation of vacation actions by statutes in ORS chapter 271 or 368.

(3) The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 (Authority to review replats) and 92.185 (Reconfiguration of lots or parcels and public easements) to adjust property lines as described in ORS 92.010 (Definitions for ORS 92.010 to 92.192) (12), as long as those procedures include the recording, with the county clerk, of conveyances conforming to the approved property line adjustment as surveyed in accordance with ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) (7).

(4) A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment. [1985 c.369 §4; 1989 c.772 §24; 1991 c.763 §20; 2007 c.866 §10]

Source: Section 92.190 — Effect of replat; operation of other statutes; use of alternate procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.200 — OR Code / Title 10 / Chapter 100 / Section 100.200
100.200 Declarant control of association
Status: reserved

(1) Subject to subsection (2) of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of unit owners, during which period a declarant or person designated by the declarant may appoint and remove officers and members of the board of directors and exercise powers and responsibilities otherwise assigned by the declaration, bylaws or the provisions of this chapter to the association, the officers or the board of directors. No formal or written proxy or power of attorney need be required of the unit owners to vest the declarant with such authority. Declarant control may be achieved by allocating in the declaration greater voting rights to a unit owned by the declarant.

(2) The declaration or bylaws may not provide for a period of administrative control of the association of unit owners by the declarant for a period exceeding:

(a) In a single stage condominium the earlier of:

(A) Three years from the date the first unit is conveyed; or

(B) The date of conveyance to persons other than the declarant of 75 percent of the units.

(b) In a staged or flexible condominium the earlier of:

(A) Seven years from the date the first unit is conveyed; or

(B) The date of conveyance to persons other than the declarant of 75 percent of the units which may be created or annexed under ORS 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date) , whichever is applicable.

(3) A declarant may voluntarily relinquish any rights reserved in the declaration or bylaws under subsection (1) of this section.

(4) Upon the expiration of any period of declarant control reserved in the declaration or bylaws under subsection (1) of this section, such right shall automatically pass to the unit owners, including the declarant if the declarant then owns one or more units in the condominium.

(5) A declaration or bylaws may not be amended to increase the scope of any rights reserved in the declaration or bylaws under subsection (1) of this section without the consent of all unit owners.

(6) The limitations specified in subsection (2) of this section shall not limit any right reserved by the declarant under ORS 100.105 (Contents of declaration) (2) or (7), 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date) or any other special declarant right which does not relate to administrative control of the association by the declarant including, but not limited to, the right to require that the declaration or bylaws may not be amended without the declarant’s consent until a stated date, the expiration of a stated number of years or the occurrence of a stipulated event.

(7) The limitations of subsection (2) of this section do not apply to a condominium or condominium units committed to a timeshare plan as defined in ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) . [Formerly 94.078]

Source: Section 100.200 — Declarant control of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.840 — OR Code / Title 10 / Chapter 105 / Section 105.840
105.840 Action by purchaser for failure of seller to install carbon monoxide alarm
Status: in_force

A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 (Carbon monoxide alarm in dwelling) or of a rule adopted under ORS 476.725 (Statewide standards for residential carbon monoxide alarms) may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal, and costs. Actions brought under this section must be commenced within one year after the date of sale or transfer. [2009 c.591 §3]

Source: Section 105.840 — Action by purchaser for failure of seller to install carbon monoxide alarm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.784 — OR Code / Title 10 / Chapter 97 / Section 97.784
97.784 Executive secretary
Status: in_force

The State Parks and Recreation Department shall provide support services to the Oregon Commission on Historic Cemeteries. One staff person of the department shall be the executive secretary of the commission. [1999 c.731 §8; 2003 c.173 §7]

Note: See note under 97.772 (Definition of “historic cemetery.”) .

Source: Section 97.784 — Executive secretary; support services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.297 — OR Code / Title 10 / Chapter 90 / Section 90.297
90.297 Prohibition on charging deposit or fee to enter rental agreement
Status: in_force

(1) Except as provided in ORS 90.295 (Applicant screening charges) and in this section, a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit.

(2) A landlord may charge a deposit, however designated, to an applicant for the purpose of securing the execution of a rental agreement, after approving the applicant’s application but prior to entering into a rental agreement. The landlord must give the applicant a written statement describing:

(a) The amount of rent and the fees the landlord will charge and the deposits the landlord will require; and

(b) The terms of the agreement to execute a rental agreement and the conditions for refunding or retaining the deposit.

(3) If a rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant.

(4) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.

(5) If a rental agreement is not executed due to a failure by the landlord to comply with the agreement to execute, within four days the landlord shall return the deposit to the applicant either by making the deposit available to the applicant at the landlord’s customary place of business or by mailing the deposit by first class mail to the applicant.

(6) If a landlord fails to comply with this section, the applicant or tenant, as the case may be, may recover from the landlord the amount of any fee or deposit charged, plus $150. [1995 c.559 §11; 2001 c.596 §30; 2011 c.42 §3]

Source: Section 90.297 — Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.645 — OR Code / Title 10 / Chapter 100 / Section 100.645
100.645 Filing information to be kept current
Status: in_force

(1) The information required by ORS 100.635 (Filing with commissioner) must be kept current by the developer. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the developer within 10 days after the change occurs. The report of material changes must:

(a) Be on a form prescribed and furnished by the commissioner for submission of specified information.

(b) Include a revised disclosure statement that reflects any changes in the information described in ORS 100.655 (Disclosure statement) .

(c) Be accompanied by a filing fee as required by ORS 100.670 (Fees) .

(2) A developer is responsible for the accuracy of and for providing all information required by ORS 100.635 (Filing with commissioner) and any information required under this section for as long as the developer retains any unsold interest in the condominium to which the information pertains.

(3) After review of the report submitted under this section, the commissioner may:

(a) Require the developer to submit any other documents and information relating to the report the commissioner considers necessary in order to determine the material changes reported comply with this chapter.

(b) Require the developer to make necessary changes to the disclosure statement. [Formerly 94.342; 2019 c.69 §23]

Source: Section 100.645 — Filing information to be kept current , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.945 — OR Code / Title 10 / Chapter 97 / Section 97.945
97.945 Funeral and Cemetery Consumer Protection Trust Fund
Status: in_force

(1) A certified provider shall pay to the Director of the Department of Consumer and Business Services a $5 fee for each prearrangement sales contract or preconstruction sales contract entered into, to be paid into a special income earning fund in the State Treasury, separate from the General Fund, known as the Funeral and Cemetery Consumer Protection Trust Fund. The fees shall be remitted to the director annually within 30 days after the end of December for all contracts that have been entered into during the 12-month period.

(2) Except as provided in this section, the fund shall be used solely for the purpose of providing restitution to purchasers who have suffered pecuniary loss arising out of prearrangement sales contracts or preconstruction sales contracts. The fund may be used for payment of actual administrative expenses incurred in administering the fund. All moneys in the Funeral and Cemetery Consumer Protection Trust Fund are appropriated continuously to the director for the payment of restitution under this section and the payment of expenses incurred in performing the duties and functions of the director required under 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) , 97.992 (Penalties for ORS 97.937) , 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) and 692.180 (Grounds for revocation, suspension or refusal to issue or renew licenses or certificates) .

(3) The director shall administer the fund and shall adopt rules governing the payment of restitution from the fund.

(4) Payments for restitution shall be made only upon order of the director where the director determines that the obligation is noncollectible from the certified provider. Restitution must not exceed the amount of the sales price paid plus interest at the statutory rate.

(5) The fund must not be applied toward any restitution for losses on a prearrangement sales contract or preconstruction sales contract entered into prior to September 27, 1987.

(6) The fund must not be allocated for any purpose other than that specified in 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) , 97.992 (Penalties for ORS 97.937) , 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) and 692.180 (Grounds for revocation, suspension or refusal to issue or renew licenses or certificates) .

(7) If the director proposes to deny an application for restitution from the fund, the director shall accord an opportunity for a hearing as provided in ORS chapter 183.

(8) Notwithstanding any other provision of this section, the payment of restitution from the fund is a matter of grace and not of right and no purchaser has vested rights in the fund as a beneficiary or otherwise.

(9) Intentionally left blank —Ed.

(a) The director shall annually review the status of the fund. If the director determines that the fund together with all accumulated income earned on the fund is sufficient to cover costs of potential claims against the fund and that the total number of outstanding claims filed against the fund is less than 10 percent of the fund’s current balance, then payments to the fund may be adjusted accordingly at the discretion of the director.

(b) If the fund’s balance falls below acceptable levels to meet future obligations, the director by rule may increase the fee or impose an assessment on certified providers.

(c) The balance of the fund may not exceed $2 million. The director is authorized to adjust the fee or assessment as necessary to comply with this paragraph. [Formerly 128.435; 2003 c.362 §5; 2012 c.7 §11]

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

Source: Section 97.945 — Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.274 — OR Code / Title 10 / Chapter 93 / Section 93.274
93.274 Petition to strike discriminatory provisions from recorded instrument
Status: in_force

(1) Intentionally left blank —Ed.

(a) If a recorded instrument conveying or contracting to convey fee title to real property, or a declaration recorded under ORS 94.580 (Declaration) , contains a provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the owner of the property or the owner of any portion of the property subject to the provision may cause the provision to be stricken from the public records described in ORS 205.130 (Recording duties of county clerk) by filing a petition in the circuit court for the county in which the property is located.

(b) The petition must be filed as an in rem declaratory action whose title contains the property address, except that if the real property consists of multiple lots or parcels subject to a declaration, the title of the petition may be the name of the subdivision and the recording number of the declaration.

(c) The court may not require that any person other than the petitioner be joined as a party to a petition filed under this section.

(2) A petition filed under this section must contain:

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

(b) The legal description of the property subject to the provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a);

(c) The name, recording number and date of recordation for each instrument or declaration that contains a provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a);

(d) A clear reference to the provision claimed to be void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), setting forth verbatim the void provisions to be struck from each such document; and

(e) A complete certified copy of the recorded instrument or recorded declaration which contains the provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).

(3) Intentionally left blank —Ed.

(a) The sole issue to be decided by the court is whether the provision is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).

(b) If the court finds that the provision is not void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the court shall dismiss the petition.

(c) If the court finds that any provisions of the recorded instrument or declaration are void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the court shall enter an order:

(A) Finding that the referenced original written instrument or declaration contains discriminatory provisions that are void and unenforceable under ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a);

(B) Identifying each document by recording number and date of recordation; and

(C) Striking the void provisions from the public records and eliminating the void provisions from the title to the property described in the petition.

(d) The order must include a certified copy of each document upon which the court has physically redacted the void provisions.

(e) The order must provide that the effective date of the document redacted by the court is the same as the effective date of the original document.

(4) A county clerk who receives a certified copy of an order and redacted document described in this section with the fees required under ORS 205.320 (Fees collected by county clerk) shall:

(a) Record the order and the certified copy of the document upon which the court has physically redacted the void provisions;

(b) Update the index of each original document referenced in the order with the recording number of the modified document; and

(c) Maintain the original document or an image thereof separately from electronic public access and preserve the original document or image for historical or archival purposes. [2018 c.35 §1; 2023 c.342 §1]

Note: Sections 2 and 4, chapter 342, Oregon Laws 2023, provide:

Sec. 2. On or before January 1, 2025, the Judicial Department shall create a model template for the petition, notice and order described in ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) and shall distribute copies to each circuit court and post copies to the department website. [2023 c.342 §2]

Sec. 4. Before January 2, 2026, on the motion of a petitioner, a court may enter an order conforming to the form of an order required by ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) for a judgment entered under ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) (2021 Edition) that was entered on or before the effective date of this 2023 Act [January 1, 2024]. [2023 c.342 §4]

Note: 93.274 (Petition to strike discriminatory provisions from recorded instrument) 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 93.274 — Petition to strike discriminatory provisions from recorded instrument; recording order and redactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.885 — OR Code / Title 10 / Chapter 94 / Section 94.885
94.885 Rights of lienholder
Status: in_force

(1) When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors and anyone who acquires the property through foreclosure, by deed, assignment or transfer in lieu of foreclosure, shall take the property subject to the rights of the owners under the timeshare plan.

(2) When a notice of timeshare plan is recorded, any claim by the developer’s creditors and any claim upon or by a successor to the interest of the titleholder who executed the notice shall be subordinate to the interest of the timeshare owners if the sale is closed after the notice is recorded. The recording of notice shall not affect:

(a) The rights or lien of a lienholder whose lien was recorded before the notice of timeshare plan;

(b) The rights of a person holding an option in the timeshare property if the option was recorded before the notice of timeshare plan; and

(c) The rights or lien of a lienholder having a recorded purchase money mortgage, recorded purchase money trust deed or recorded purchase agreement on the timeshare.

(3) As used in ORS 94.873 (Escrow account) , 94.876 (Requirements for closing escrow) and 94.885 (Rights of lienholder) to 94.905 (Surety bond) :

(a) “Nondisturbance agreement” means an instrument by which the holder of a blanket encumbrance agrees that the holder’s rights in the timeshare property shall be subordinate to the rights of any timeshare owner. Every nondisturbance agreement shall contain a covenant by the lienholder that the lienholder, its successors, and anyone who acquires the timeshare property through the blanket lien shall not use, or cause or permit the property to be used in a manner that prevents a timeshare owner from using the timeshare property in the manner contemplated by the timeshare plan. The lienholder’s agreement not to disturb an owner may require as a continuing condition that the owner perform all obligations and make all payments due under any purchase money agreement for the owner’s timeshare and, if the timeshare is held as a leasehold, under the lease for the owner’s timeshare.

(b) “Notice of timeshare plan” means an instrument executed by the holder of the legal and equitable title to the fee or long-term leasehold interest in a timeshare property which provides notice of the existence of the timeshare plan and of the rights of timeshare owners. The notice of timeshare plan must identify the timeshare period for each timeshare. For a timeshare property located wholly within this state, recording of the timeshare instrument for the property under ORS 94.818 (Recording of timeshare instrument) shall be considered the recording of a notice of timeshare plan for the property. If the timeshare property is located outside the state, the notice may be contained in a declaration of covenants, conditions and restrictions that provides that as a matter of covenant, the notice shall have the effects described in subsection (2) of this section. The notice must be prepared to constitute a covenant running with an equitable servitude upon the timeshare property for the duration of the timeshare plan and to have the effects described in subsection (2) of this section.

(4) If the developer proposes use of a nondisturbance agreement, the public report issued for the timeshare plan under ORS 94.828 (Public report on plan) (1), (2) and (4) shall include disclosure of the nature and limitations of nondisturbance agreements, the nature and amount of outstanding blanket encumbrances and the potential impact upon timeshare purchasers of failure to pay off the outstanding blanket encumbrances. [1983 c.530 §31]

Source: Section 94.885 — Rights of lienholder , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.480 — OR Code / Title 10 / Chapter 93 / Section 93.480
93.480 Deed acknowledged or proved as evidence
Status: in_force

Every conveyance acknowledged, proved or certified in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof and is entitled to be recorded in the county where the land is situated.

Source: Section 93.480 — Deed acknowledged or proved as evidence; recordability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.445 — OR Code / Title 10 / Chapter 97 / Section 97.445
97.445 Vacating county interest in cemetery real property
Status: in_force

Consistent with the provisions of ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) , a county may vacate any real property interests the county may own in a cemetery. Consistent with ORS 368.366 (Vesting of vacated property) (2), the county may vacate its real property interests in favor of a private nonprofit organization provided the organization states its intent to provide for the continuing maintenance and care of the cemetery and associated facilities. [1997 c.747 §2]

Source: Section 97.445 — Vacating county interest in cemetery real property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.425 — OR Code / Title 10 / Chapter 105 / Section 105.425
105.425 Definitions for ORS 105.420 to 105.455
Status: in_force

As used in ORS 105.420 (Findings) to 105.455 (Short title) :

(1) “Abatement” means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical securing of the structure.

(2) “Building code” or “housing code” means any law, ordinance or governmental regulation concerning habitability or the construction, maintenance, operation, occupancy, use or appearance of any property.

(3) “Interested party” means any person or entity that possesses any legal or equitable interest of record in the property, including the owner, the holder of any lien or encumbrance of record on the property and any person who must or may be made a defendant in a foreclosure suit under ORS 88.030 (Other lienholders and debtors as defendants) .

(4) “Property” means real property and all improvements thereon including edifices, structures, buildings, unit or part thereof used or intended to be used for residential purposes including single-family, duplex, multifamily structures and mixed-use structures which have one or more residential units. [1989 c.649 §3; 2019 c.191 §1]

Source: Section 105.425 — Definitions for ORS 105.420 to 105.455 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.065 — OR Code / Title 10 / Chapter 92 / Section 92.065
92.065 Monumenting certain subdivision corners after recording plat
Status: in_force

(1) Except for exterior monuments described in ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) (5), if the remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the county surveyor, 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 at the option of the city or county, in an amount equal to 120 percent of the estimated cost of performing the work for the remaining monumentation.

(2) The county surveyor may require that the setting of the remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.

(3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.

(4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070 (Surveyor’s certificates) . If another surveyor completes the remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (Surveyor’s certificates) (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (Recording plats) (3) the surveyor’s name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 (Description of real property for purposes of recordation) to 93.802 (Recordation of short form instrument) . [1973 c.696 §14; 1983 c.309 §5; 1989 c.772 §10; 1991 c.331 §21; 1991 c.763 §12; 1995 c.382 §6; 1997 c.631 §392; 1999 c.1018 §4]

Source: Section 92.065 — Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.190 — OR Code / Title 10 / Chapter 98 / Section 98.190
98.190 Disposal of proceeds by justice
Status: in_force

From the proceeds of the sale provided for in ORS 98.170 (Sale) , the justice shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if there is any, the justice shall immediately pay over to the treasurer of the county in which the property was sold, and deliver a statement therewith containing a description of the property sold, the gross amount of the sale, and the costs, charges and expenses paid to each person.

Source: Section 98.190 — Disposal of proceeds by justice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.853 — OR Code / Title 10 / Chapter 94 / Section 94.853
94.853 Payment of common expenses
Status: in_force

(1) Until the closing of the first timeshare sale the developer shall pay all common expenses.

(2) After the closing of the first timeshare sale, the managing entity shall charge an annual assessment for the payment of common expenses based on the projected annual budget. The assessment shall be against:

(a) Each owner in the proportion specified in the timeshare instrument and the developer for the share allocated to all timeshare periods still owned by the developer at the time the assessment is made;

(b) As provided in paragraph (a) of this subsection, except that the developer shall also pay that portion of the total assessment not paid by any owner, if the developer guarantees payment of all common expenses of the timeshare plan under the provisions of the timeshare instrument; or

(c) The developer for the total assessment if the developer agrees to pay all common expenses of the timeshare plan under the provisions of the timeshare instrument.

(3) Unless otherwise specified in the timeshare instrument, past due assessments shall bear interest at the legal rate. [1983 c.530 §11; 2003 c.14 §39]

Source: Section 94.853 — Payment of common expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.210 — OR Code / Title 10 / Chapter 97 / Section 97.210
97.210 Exceptions to application of ORS 97.170 to 97.200
Status: in_force

The body of any person who died of smallpox, diphtheria, scarlet fever or other disease that the Oregon Health Authority, by rule, may prescribe, shall not be subject to the provisions of ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.200 (Disposition of remains after use) . [Amended by 1977 c.582 §2; 2009 c.595 §62]

Source: Section 97.210 — Exceptions to application of ORS 97.170 to 97.200; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.949 — OR Code / Title 10 / Chapter 93 / Section 93.949
93.949 URPTDA 2. Definitions
Status: in_force

As used in ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) :

(1) “Beneficiary” means a person that receives property under a transfer on death deed.

(2) “Designated beneficiary” means a person designated to receive property in a transfer on death deed.

(3) “Joint owner” means a joint tenant, a tenant by the entirety and any other co-owner of property that is held in a manner that entitles one or more of the owners to ownership of the whole of the property upon the death of one or more of the other owners.

(4) “Person” means an individual, corporation, business trust, personal representative, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

(5) “Property” means an interest in real property located in this state.

(6) “Transfer on death deed” means a deed that conveys property to a designated beneficiary at the transferor’s death.

(7) “Transferor” means an individual who makes a transfer on death deed. [2011 c.212 §2]

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

Source: Section 93.949 — URPTDA 2. Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.813 — OR Code / Title 10 / Chapter 94 / Section 94.813
94.813 Character of timeshare estates
Status: in_force

(1) Except as expressly modified by ORS 92.325 (Application of ORS 92.305 to 92.495) , 92.425 (Conditions prerequisite to sale) , 94.570 (Applicability of ORS 94.550 to 94.783) , 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) to 94.945 (Advertising regulation) , 100.005 (Definitions) , 100.105 (Contents of declaration) , 100.200 (Declarant control of association) , 100.450 (Association lien against individual unit) and 696.490 (Real Estate Account) , a timeshare estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years if a leasehold. A timeshare license is an estate for years having the character and incidents of such an estate at common law.

(2) A document transferring or encumbering a timeshare may not be rejected for recordation because of the nature or duration of the interest.

(3) Neither a timeshare plan nor a timeshare, subject to regulation under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) is a “security,” as defined in ORS 59.015 (Definitions for Oregon Securities Law) . [1983 c.530 §§4a,5; 1985 c.349 §29; 1987 c.603 §25]

Source: Section 94.813 — Character of timeshare estates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.380 — OR Code / Title 10 / Chapter 105 / Section 105.380
105.380 When securities are payable to parties
Status: in_force

When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.

Source: Section 105.380 — When securities are payable to parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.234 — OR Code / Title 10 / Chapter 97 / Section 97.234
97.234 County designation of veterans’ remains coordinator
Status: in_force

(1) The governing body of each county shall designate one or more veterans’ remains coordinators who shall exercise due diligence to:

(a) Identify unclaimed cremated remains located in the county in consultation with the county veterans’ service officer, the United States Department of Veterans Affairs, a national cemetery administered by the United States Department of Veterans Affairs, the United States Social Security Administration or another entity;

(b) Establish that the unclaimed cremated remains meet the definition of “eligible decedent”; and

(c) For an eligible decedent who died in the county, cause interment at a national cemetery administered by the United States Department of Veterans Affairs.

(2) An interment under subsection (1) of this section may not occur at a cemetery used only for the interment of indigent persons. [2023 c.402 §3]

Source: Section 97.234 — County designation of veterans’ remains coordinator; identification and interment of unclaimed cremated remains of veterans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 91.130 — OR Code / Title 10 / Chapter 91 / Section 91.130
91.130 Eviction of purchaser or seller of property
Status: in_force

A dwelling unit purchaser or seller described in ORS 90.110 (Exclusions from application of this chapter) (2) may only be evicted pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) after at least 24 hours’ written notice of the termination of the occupancy or a notice period set forth in a written agreement of sale, whichever is longer. This section does not create the relationship of landlord and tenant between the seller and purchaser. [2001 c.596 §2]

Source: Section 91.130 — Eviction of purchaser or seller of property; notice required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 90.316 — OR Code / Title 10 / Chapter 90 / Section 90.316
90.316 Carbon monoxide alarm
Status: in_force

(1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit:

(a) Contains a carbon monoxide source; or

(b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

(2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS 90.317 (Repair or replacement of carbon monoxide alarm) .

(3) If a carbon monoxide alarm is battery-operated or has a battery-operated backup system, the landlord shall supply working batteries for the alarm at the beginning of a new tenancy. [2009 c.591 §10; 2011 c.42 §5]

Note: See 105.844 (Short title) .

Source: Section 90.316 — Carbon monoxide alarm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.265 — OR Code / Title 10 / Chapter 93 / Section 93.265
93.265 Notice to real property manager of certain actions
Status: in_force

(1) A real estate property manager, as defined in ORS 696.010 (Definitions) , may request notice of any pending action, claim, lien or proceeding relating to a parcel of real property by recording in the county clerk’s office of the county in which any portion of the real property is situated a request for any notice required by law to be provided to the owner.

(2) A request submitted as allowed under subsection (1) of this section shall include the name and address of the property manager, the address and legal description of the property in question, the signature and real estate license number of the requester and the date of the request. The request for notification shall be valid for one year from filing.

(3) Compliance with subsection (1) of this section shall be deemed adequate upon mailing, by first class mail with postage prepaid, to the address provided in the form required under subsection (2) of this section.

(4) The county assessor of the county in which the notice is recorded shall note on the tax roll, prepared pursuant to ORS chapter 311, the filing made under subsection (1) of this section.

(5) No request, statement or notation filed under subsection (1) of this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien or charge upon the property referred to in the request for notice. [1989 c.1062 §2; 2001 c.300 §58]

Source: Section 93.265 — Notice to real property manager of certain actions; procedures; effect on title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.040 — OR Code / Title 10 / Chapter 105 / Section 105.040
105.040 Order to make survey
Status: in_force

(1) The court or judge thereof may, on motion, and after notice to the adverse party, or cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof for the purposes of the action.

(2) The order shall describe the property. A copy of the order shall be served upon the defendant, and thereupon the party may enter upon the property, and make the survey and admeasurement. If any unnecessary injury is done to the premises, the applying party is liable therefor.

Source: Section 105.040 — Order to make survey , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.340 — OR Code / Title 10 / Chapter 105 / Section 105.340
105.340 Provision for future rights or interests
Status: in_force

In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties. [Amended by 1969 c.591 §282]

Source: Section 105.340 — Provision for future rights or interests , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.275 — OR Code / Title 10 / Chapter 90 / Section 90.275
90.275 Temporary occupancy agreement
Status: in_force

(1) As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that describes the temporary occupancy relationship.

(2) The temporary occupant:

(a) Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and

(b) Does not have the rights of a tenant.

(3) The temporary occupancy agreement may be terminated by:

(a) The tenant without cause at any time; and

(b) The landlord only for cause that is a material violation of the temporary occupancy agreement.

(4) The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement.

(5) Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level.

(6) A temporary occupancy agreement:

(a) Shall expressly include the requirements of subsections (2) to (4) of this section;

(b) May provide that the temporary occupant is required to comply with any applicable rules for the premises; and

(c) May have a specific ending date.

(7) The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement.

(8) A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.

(9) The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. Except as provided in ORS 90.449 (Landlord discrimination against victim) , the landlord may terminate the tenancy of the tenant as provided under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement.

(10) A temporary occupant shall be treated as a squatter if the temporary occupant continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement.

(11) Intentionally left blank —Ed.

(a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter.

(b) A tenant may not become a temporary occupant in the tenant’s own dwelling unit.

(c) A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. [2009 c.431 §6 and 2009 c.816 §15; 2013 c.294 §5]

Source: Section 90.275 — Temporary occupancy agreement; terms and conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.100 — OR Code / Title 10 / Chapter 105 / Section 105.100
105.100 Definition of “attorney”
Status: in_force

As used in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , “attorney” includes an associate member of the Oregon State Bar practicing law in the member’s approved scope of practice. [2023 c.72 §49]

Source: Section 105.100 — Definition of “attorney” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.300 — OR Code / Title 10 / Chapter 105 / Section 105.300
105.300 When lienholder has other securities
Status: in_force

Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount of the lien, the court may, in its discretion, order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property.

Source: Section 105.300 — When lienholder has other securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.220 — OR Code / Title 10 / Chapter 93 / Section 93.220
93.220 Release, limitation or restriction of power of appointment
Status: reserved

(1) Any person to whom there has been granted or reserved any power of appointment or other power by which the person may elect to take any action affecting the disposition of property may at any time release, or, from time to time, limit or restrict such power in whole or in part by an instrument in writing evidencing that purpose and subscribed by the person.

(2) If the power is one to affect title to real property, the instrument shall be executed, acknowledged, proved and recorded, or filed with the registrar of title in each county in which the land is situated in the same manner as a conveyance of real property.

(3) If the power is of such nature that its exercise may affect the duty of any trustee or other fiduciary, such trustee or other fiduciary is not bound to take notice thereof unless the trustee or other fiduciary has received the original or an executed duplicate of the release or a copy thereof certified by the county clerk or county recorder of the county in which it has been recorded.

Source: Section 93.220 — Release, limitation or restriction of power of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.153 — OR Code / Title 10 / Chapter 97 / Section 97.153
97.153 Diagnostic or therapeutic radioisotopes in body
Status: in_force

Notwithstanding section 14, chapter 653, Oregon Laws 1991, or ORS 469.525 (Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities) , diagnostic or therapeutic radioisotopes remaining inside the uncremated or unreduced body of a deceased person may be buried, entombed or otherwise disposed of in a cemetery or other lawful place for the burial, entombment or other disposal of the uncremated or unreduced body of the deceased person even though the body contains low-level radioactive waste as defined under 42 U.S.C. 2021(b) as of January 1, 1995, by-product material as defined under 42 U.S.C. 2014 as of January 1, 1995, or special nuclear material exempted by the United States Nuclear Regulatory Commission as of January 1, 1995, under authority of 42 U.S.C. 2077(d). [1995 c.252 §1; 2021 c.296 §6]

Note: 97.153 (Diagnostic or therapeutic radioisotopes in body) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.153 — Diagnostic or therapeutic radioisotopes in body , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.880 — OR Code / Title 10 / Chapter 105 / Section 105.880
105.880 Conveyance prohibiting use of solar energy systems void
Status: in_force

(1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property.

(2) Any provision executed in violation of subsection (1) of this section after October 3, 1979, is void and unenforceable.

(3) For the purposes of this section, “solar energy system” means any device, structure, mechanism or series of mechanisms which uses solar radiation as a source for heating, cooling or electrical energy. [1979 c.671 §5]

Source: Section 105.880 — Conveyance prohibiting use of solar energy systems void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.836 — OR Code / Title 10 / Chapter 105 / Section 105.836
105.836 Definitions for ORS 105.836 to 105.842 and 476.725
Status: in_force

As used in ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725) to 105.842 (Tampering with carbon monoxide alarm) and 476.725 (Statewide standards for residential carbon monoxide alarms) , unless the context requires otherwise:

(1) “Carbon monoxide alarm” means a device that:

(a) Detects carbon monoxide;

(b) Produces a distinctive audible alert when carbon monoxide is detected;

(c) Conforms to State Fire Marshal rules;

(d) Is listed by Underwriters Laboratories or any other nationally recognized testing laboratory or an equivalent organization; and

(e) Operates as a distinct unit or as two or more single station units wired to operate in conjunction with each other.

(2) “Carbon monoxide source” means:

(a) A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or

(b) An attached garage with an opening that communicates directly with a living space.

(3) “Multifamily housing” means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation.

(4) “One and two family dwelling” means a residential building that is regulated under the state building code as a one and two family dwelling. [2009 c.591 §1; 2011 c.42 §17]

Source: Section 105.836 — Definitions for ORS 105.836 to 105.842 and 476.725 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 91.122 — OR Code / Title 10 / Chapter 91 / Section 91.122
91.122 Occupancy of dwelling unit by employee of resident of dwelling unit
Status: in_force

(1) As used in this section, “dwelling unit” has the meaning given that term in ORS 90.100 (Definitions) .

(2) An employee of a resident of a dwelling unit whose occupancy is conditional upon employment in and about the premises, and members of the employee’s household, may only be evicted pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) after at least 24 hours’ written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer.

(3) This section does not create the relationship of landlord and tenant between the resident and the employee or members of the employee’s household. [Formerly 105.117]

Source: Section 91.122 — Occupancy of dwelling unit by employee of resident of dwelling unit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 97.929 — OR Code / Title 10 / Chapter 97 / Section 97.929
97.929 Exceptions to ORS 97.923 to 97.949
Status: in_force

(1) The provisions 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) , 97.992 (Penalties for ORS 97.937) , 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) and 692.180 (Grounds for revocation, suspension or refusal to issue or renew licenses or certificates) do not apply to:

(a) Agreements to sell or sales of graves, crypts or niches where such graves, crypts or niches are in existence at the time of the sale or agreement to sell and are located in an endowment care cemetery as defined in ORS 97.810 (Endowment care and nonendowed care cemeteries) .

(b) Agreements to sell or sales of crypts or niches where such crypts or niches are not in existence at the time of the sale or agreement to sell and are to be located in an endowment care cemetery, provided that:

(A) Thirty-five percent of the sales price of each crypt or niche described in this paragraph is deposited in accordance with the provisions of ORS 97.937 (Deposit of trust funds made by endowment care cemeteries) ; or

(B) Such endowment care cemetery deposits a bond with a corporate surety authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) . The bond or letter of credit shall be in an amount equal to 35 percent of the total sales price of all crypts or niches described in this paragraph that have been sold by the endowment care cemetery and that have not yet been completed.

(c) Agreements to sell or sales of burial vaults or markers for installation in an endowment care cemetery, provided that:

(A) Sixty-six and two-thirds percent of the sale price of such vaults or markers is deposited in accordance with the provisions of ORS 97.937 (Deposit of trust funds made by endowment care cemeteries) ;

(B) Such endowment care cemetery is at the time of the sale or agreement to sell and for not less than 24 months before such sale or agreement has been in continuous operation as an endowment care cemetery and has assumed the obligation to supply and install the vault or marker and maintain it as part of its endowment care program; and

(C) Such endowment care cemetery deposits with the Director of the Department of Consumer and Business Services:

(i) A bond in a form approved by the director in the amount of $10,000 issued by a corporate surety authorized to do business in this state; or

(ii) An irrevocable letter of credit in a form approved by the director in the amount of $10,000 issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) .

(2) Notwithstanding the exception provided in subsection (1) of this section, a person who would otherwise have a claim against a certified provider, a master trustee or a salesperson under the provisions 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) or ORS chapter 692 shall have a right against the bond or letter of credit described in subsection (1)(b) and (c) of this section. [Formerly 128.412; 2003 c.271 §1]

Note: 97.929 (Exceptions to ORS 97.923 to 97.949) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.929 — Exceptions to ORS 97.923 to 97.949 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 92.105 — OR Code / Title 10 / Chapter 92 / Section 92.105
92.105 Time limit for final action by city or county on tentative plan
Status: in_force

The governing body of a city or county or its designate is subject to the provisions of ORS 215.427 (Final action on permit or zone change application) or 227.178 (Final action on certain applications required within 120 days) in taking final action on an application for approval of a tentative plan for a subdivision or partition located within an acknowledged urban growth boundary. [1981 c.884 §2; 1983 c.827 §51; 1989 c.772 §16]

Source: Section 92.105 — Time limit for final action by city or county on tentative plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.389 — OR Code / Title 10 / Chapter 98 / Section 98.389
98.389 Unclaimed Property and Estates Fund
Status: in_force

(1) There is established the Unclaimed Property and Estates Fund, separate and distinct from the General Fund.

(2) The Unclaimed Property and Estates Fund consists of:

(a) Unclaimed property, including the proceeds of unclaimed property, under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) ;

(b) Penalties related to unclaimed property assessed under ORS 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) ;

(c) Estates escheated to the state under ORS 112.055 (Escheat) and subject to claims under ORS 116.253 (Recovery of escheated property) ;

(d) Moneys in accounts that escheat to the state under ORS 708A.430 (Disposition of deposit on death of depositor) (5) or 723.466 (Disposition of deposit on death of depositor) (5);

(e) Moneys transferred to the fund by the Department of State Lands from the Unclaimed Property School Fund under ORS 273.108 (Unclaimed Property School Fund) ;

(f) Other moneys appropriated or transferred to the Unclaimed Property and Estates Fund by the Legislative Assembly or by operation of law; and

(g) Interest earned by the fund.

(3) Moneys in the fund are continuously appropriated to the State Treasurer for:

(a) The costs of administering unclaimed property under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) ;

(b) The costs of administering estates under ORS 113.235 (Appointment of estate administrators by State Treasurer) ;

(c) The payment of valid claims to abandoned property made under ORS 98.392 (Claiming unclaimed property) ;

(d) The payment of valid claims for escheated property under ORS 116.253 (Recovery of escheated property) ; and

(e) The costs of administering the fund.

(4) Before July 1 of each year, the State Treasurer shall transfer from the Unclaimed Property and Estates Fund:

(a) To the Common School Fund, all moneys and properties of escheated estates for which any claim has elapsed under ORS 116.253 (Recovery of escheated property) ; and

(b) To the Unclaimed Property School Fund, all remaining moneys and properties in the Unclaimed Property and Estates Fund, except for the amount that the State Treasurer anticipates requiring to meet the expenses and liabilities of the Unclaimed Property and Estates Fund until the end of the following fiscal year, including transfers under paragraph (a) of this subsection. [2021 c.424 §6]

Source: Section 98.389 — Unclaimed Property and Estates Fund; transfers from fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.967 — OR Code / Title 10 / Chapter 93 / Section 93.967
93.967 URPTDA 12. Effect of transfer on death deed during transferor’s life
Status: in_force

During a transferor’s life, a transfer on death deed does not:

(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;

(2) Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;

(3) Affect an interest or right of a secured, unsecured or future creditor of the transferor even if the creditor has actual or constructive notice of the deed;

(4) Affect the eligibility of the transferor or a designated beneficiary for any form of public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) ;

(5) Create a legal or equitable interest in favor of the designated beneficiary; or

(6) Subject the property to claims or process of a secured, unsecured or future creditor of the designated beneficiary. [2011 c.212 §12; 2013 c.688 §9]

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

Source: Section 93.967 — URPTDA 12. Effect of transfer on death deed during transferor’s life , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.815 — OR Code / Title 10 / Chapter 105 / Section 105.815
105.815 When double damages are awarded for trespass
Status: in_force

(1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) , it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.

(2) A judgment for the costs of litigation and reforestation as provided in ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) shall be in addition to and not in lieu of a judgment for damages under this section.

(3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) (4). [Amended by 1995 c.721 §2; 1999 c.544 §2]

Source: Section 105.815 — When double damages are awarded for trespass; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.419 — OR Code / Title 10 / Chapter 100 / Section 100.419
100.419 Assent of director to board action
Status: in_force

(1) A director of an association of unit owners who is present at a meeting of the board of directors at which action is taken on any association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action because the director claims a conflict of interest.

(2) When action is taken on any matter at a meeting of the board of directors, the vote or abstention of each director present must be recorded in the minutes of the meeting.

(3) Directors may not vote by proxy or by secret ballot at meetings of the board of directors.

(4) Notwithstanding subsection (3) of this section, officers may be elected by secret ballot. [2007 c.409 §22]

Note: See note under 100.418 (Receivership for failure of association to fill vacancies on board of directors) .

Source: Section 100.419 — Assent of director to board action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).