ORS § 100.417 — OR Code / Title 10 / Chapter 100 / Section 100.417
100.417 Board of directors of association
Status: in_force

(1) The board of directors of an association of unit owners may act on behalf of the association except as limited by the declaration or bylaws. In the performance of their duties, officers and members of the board of directors shall be governed by this section and the applicable provisions of ORS 65.357 (General standards for directors) , 65.361 (Director conflict of interest) , 65.367 (Liability for unlawful distributions) , 65.369 (Liability of qualified directors) and 65.377 (Standards of conduct for officers) whether or not the association is incorporated under ORS chapter 65.

(2) Subject to subsection (8) of this section, unless otherwise provided in the bylaws, the board of directors of an association may fill vacancies in its membership for the unexpired portion of any term.

(3) At least annually, the board of directors of an association shall review the insurance coverage of the association.

(4) The board of directors of the association annually shall cause to be filed the necessary income tax returns for the association.

(5) The board of directors of the association may record a statement of association information as provided in ORS 94.667 (Recording association information with county clerk) .

(6) The board of directors, in the name of the association, shall maintain a current mailing address.

(7) The board of directors shall cause to be maintained and kept current the information required to enable the association to comply with ORS 100.480 (Maintaining documents and records) (11).

(8) Intentionally left blank —Ed.

(a) Unless otherwise provided in the declaration or bylaws, at a meeting of the unit owners at which a quorum is present, the unit owners may remove a director from the board of directors, other than directors appointed by the declarant or individuals who are ex officio directors, with or without cause, by a majority vote of unit owners who are present and entitled to vote.

(b) Notwithstanding contrary provisions in the declaration or bylaws:

(A) Before a vote to remove a director, unit owners must give the director whose removal has been proposed an opportunity to be heard at the meeting.

(B) The unit owners must vote on the removal of each director whose removal is proposed as a separate question.

(C) Removal of a director by unit owners is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting required under ORS 100.407 (Annual and special meetings of association) .

(c) A director who is removed by the unit owners remains a director until a successor is elected by the unit owners or the vacancy is filled as provided in subsection (9) of this section.

(9) Unless the declaration or bylaws specifically prescribe a different procedure for filling a vacancy created by the removal of a director by unit owners, the unit owners shall fill a vacancy created by the removal of a director by the unit owners at a meeting of unit owners. The notice of the meeting must state that filling a vacancy is an item on the agenda. [1999 c.677 §63; 2001 c.756 §42; 2003 c.569 §32; 2009 c.641 §37; 2011 c.532 §11]

Note: 100.417 (Board of directors of association) 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 100.417 — Board of directors of association; powers and duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.230 — OR Code / Title 10 / Chapter 105 / Section 105.230
105.230 Service by publication
Status: in_force

If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made to appear by affidavit, the summons may be served on the unknown or unlocated party by publication, directed by the court or judge, as in ordinary cases. When service of the summons is made by publication it must be accompanied by a brief description of the property which is the subject of the suit. [Amended by 1979 c.284 §95]

Source: Section 105.230 — Service by publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.610 — OR Code / Title 10 / Chapter 97 / Section 97.610
97.610 Determining occupant of burial plot having co-owners
Status: in_force

When there are two or more owners of a burial plot or of rights of interment therein, such owners may designate one or more persons to designate the burials to be made in the plot and file written notice of such designation with the cemetery association. In the absence of such notice or of written objection to its so doing, the cemetery association is not liable to any owner for interring or permitting an interment therein upon the request or direction of any registered co-owner of the plot.

Source: Section 97.610 — Determining occupant of burial plot having co-owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 98.015 — OR Code / Title 10 / Chapter 98 / Section 98.015
98.015 Liability of noncomplying finder
Status: in_force

If any person who finds money or goods valued at $250 or more fails to comply with ORS 98.005 (Rights and duties of finder of money or goods) , the person shall be liable, upon conviction for violation of ORS 164.065 (Theft of lost, mislaid property) , to the county for the money or goods or the full value of the money or goods. The county treasurer shall hold the money or goods or their value for owner thereof and shall publish notice of the finding of the money or goods in the manner provided in ORS 98.005 (Rights and duties of finder of money or goods) . If the owner has not reclaimed such money or goods within three months after the date of the first publication of notice by the county treasurer, the owner shall forfeit the rights of the owner to the value of such money or goods and the value of such money or goods shall be placed in the general fund of the county to be used for the payment of the general operating expenses of the county. [1973 c.642 §2; 1989 c.522 §2; 2013 c.220 §2]

Source: Section 98.015 — Liability of noncomplying finder; forfeiture to county of unreclaimed money or goods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.810 — OR Code / Title 10 / Chapter 93 / Section 93.810
93.810 Validating and curative Acts
Status: in_force

The following are subjects of validating or curative Acts applicable to this chapter:

(1) Evidentiary effect and recordation of conveyances before 1854.

(2) Evidentiary effect and recordation of certified copies of deeds issued by the State Land Board before 1885 where the original deed was lost.

(3) Defective acknowledgments of married women to conveyances before 1891.

(4) Foreign instruments executed before 1903.

(5) Deeds of married women before 1907, validity; executed under power of attorney and record as evidence.

(6) Conveyances by reversioners and remainderpersons to life tenant.

(7) Decrees or judgments affecting lands in more than one county.

(8) Irregular deeds and conveyances; defective acknowledgments; irregularities in judicial sales; sales and deeds of executors, personal representatives, administrators, conservators and guardians; vested rights arising by adverse title; recordation.

(9) Defective acknowledgments.

(10) Title to lands from or through aliens.

(11) An instrument that is presented for recording as an electronic image or by electronic means and that is recorded before June 16, 2011.

(12) A tangible copy of an electronic record containing a notarial certificate that is accepted for recording by a county clerk before June 30, 2020. [Amended by 1973 c.823 §96; 2003 c.14 §36; 2003 c.576 §355; 2011 c.386 §2; 2020 s.s.1 c.12 §§28,29; 2021 c.344 §4]

Source: Section 93.810 — Validating and curative Acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.260 — OR Code / Title 10 / Chapter 90 / Section 90.260
90.260 Late rent payment charge or fee
Status: in_force

(1) A landlord may impose a late charge or fee, however designated, only if:

(a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and

(b) There exists a written rental agreement that specifies:

(A) The tenant’s obligation to pay a late charge on delinquent rent payments;

(B) The type and amount of the late charge, as described in subsection (2) of this section; and

(C) The date on which rent payments are due and the date or day on which late charges become due.

(2) The amount of any late charge may not exceed:

(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market;

(b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; or

(c) Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.

(3) In periodic tenancies, a landlord may change the type or amount of late charge by giving 30 days’ written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394 (Termination of tenancy for failure to pay rent) .

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments pursuant to ORS 82.010 (Legal rate of interest) (2) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent) , but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) (1). A landlord may note the imposition of a late charge on a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent) , so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time.

(7) A late charge includes an increase or decrease in the regularly charged periodic rent payment imposed because a tenant does or does not pay that rent by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16; 2007 c.906 §32a]

Source: Section 90.260 — Late rent payment charge or fee; restrictions; calculation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.650 — OR Code / Title 10 / Chapter 98 / Section 98.650
98.650 Owner’s duty to remove trees, logs, poles or piling deposited on county roads
Status: in_force

(1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any county road, except with permission of any duly authorized weighmaster or peace officer given in connection with the removal of portions of loads, which removal is pursuant to ORS 810.490 (Weighing and measuring vehicles) .

(2) Any trees, timber, logs, poles or piling so placed or deposited, accidentally or in violation of this section, or which have fallen, dropped or been blown upon said right of way, shall be removed by the owner thereof within a period of not more than 30 days. [1953 c.339 §1; 1983 c.338 §885]

Source: Section 98.650 — Owner’s duty to remove trees, logs, poles or piling deposited on county roads , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 100.470 — OR Code / Title 10 / Chapter 100 / Section 100.470
100.470 Lien foreclosure
Status: in_force

In any suit or action brought by an association of unit owners to foreclose its lien or to collect delinquent assessments or in any suit or action brought by declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of the Oregon Condominium Act, the condominium declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1989 c.595 §37; 2001 c.756 §46; 2007 c.409 §29]

Note: See note under 100.465 (Circumstances in which deed in lieu of foreclosure extinguishes lien) .

Source: Section 100.470 — Lien foreclosure; other legal action by declarant, association or owner; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.870 — OR Code / Title 10 / Chapter 105 / Section 105.870
105.870 Limitation on commencement of action
Status: in_force

Any cause of action granted by ORS 105.850 (“Commercial property” defined for ORS 105.850 to 105.870) to 105.870 (Limitation on commencement of action) is barred unless such action is commenced within 60 days after the date upon which the change of use becomes effective and use of the streets is prohibited or restricted. [1973 c.702 §5]

Source: Section 105.870 — Limitation on commencement of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.490 — OR Code / Title 10 / Chapter 105 / Section 105.490
105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies
Status: in_force

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) do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. [1993 c.547 §8; 2003 c.328 §9]

Source: Section 105.490 — Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.622 — OR Code / Title 10 / Chapter 94 / Section 94.622
94.622 Obligations and liabilities arising from transfer of special declarant rights
Status: in_force

(1) As used in this section, “affiliate” means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant.

(2) A person controls or is controlled by a transferor or successor declarant if the person:

(a) Is a general partner, officer, director or employee;

(b) Directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;

(c) Controls in any manner the election of a majority of the members of the board of directors; or

(d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.

(3) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:

(a) A transferor is not relieved of any obligation or liability arising before the transfer. Lack of privity does not deprive any owner of standing to bring an action to enforce any obligation of the transferor.

(b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.

(c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(4) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:

(a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.

(b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall comply with any provisions of the declaration and bylaws that pertain to such successor declarant’s ownership of the lot or lots and the exercise of any special declarant right. [1999 c.677 §34; 2011 c.532 §1]

Source: Section 94.622 — Obligations and liabilities arising from transfer of special declarant rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.770 — OR Code / Title 10 / Chapter 93 / Section 93.770
93.770 Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases
Status: in_force

(1) A debtor or a trustee in bankruptcy, or the attorney representing either, may present a notice of bankruptcy for recordation in the deed records of a county in which real property that is owned by the debtor or in which the debtor has an interest is located. The notice of bankruptcy may contain a legal description of specific real property, if known, and must:

(a) Be signed by the individual filing the notice;

(b) Be acknowledged in the manner required for acknowledgment of a deed;

(c) State the name of the debtor;

(d) Identify the district court in which the case is pending, the bankruptcy case number and the bankruptcy chapter filed;

(e) State the name, if applicable, of a trustee for the bankruptcy estate of the debtor, an attorney representing the debtor and an attorney representing the trustee; and

(f) State that the bankruptcy case affects real property in the county that is owned by the debtor or in which the debtor has an interest.

(2) Once recorded in the deed records of a county, the notice of bankruptcy may be released by filing for recordation in the same county:

(a) After expiration of the notice period, a copy of a notice of intent to abandon the real property in a form approved by the bankruptcy court and certified by the clerk of the bankruptcy court;

(b) A copy of a judicial order, certified by the clerk of the bankruptcy court, authorizing abandonment of the real property; or

(c) A copy of a judicial order, certified by the clerk of the bankruptcy court, authorizing closure or dismissal of the bankruptcy case if the real property was not otherwise administered in the case.

(3) A copy of the following documents from a bankruptcy case or an adversary proceeding under the federal bankruptcy laws may be presented for recordation in the deed records of a county in which real property that is owned by the debtor or in which the debtor has an interest is located if the copy is certified by the clerk of the bankruptcy court:

(a) A petition, with the schedules omitted.

(b) An order or judgment filed and entered. [Amended by 2005 c.85 §1]

Source: Section 93.770 — Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.809 — OR Code / Title 10 / Chapter 94 / Section 94.809
94.809 Valuation of timeshare property
Status: in_force

(1) The real market value of timeshare property shall not include any nonreal property components of timeshares, which nonreal property components include, without limitation, tangible personal property, exchange rights, club memberships, vacation convenience services such as hotel-type services and the management structure of the timeshare plan, and that portion of the legal, accounting, promotion and marketing costs in developing and selling the timeshares allocable to the nonreal property components. The real market value of timeshare property shall not be based upon the aggregate sales prices of timeshares, if such sales prices include nonreal property components.

(2) The real market value of timeshare property, other than the recreational facilities, shall be determined by taking the value of each individual living unit as if such living unit were owned by a single taxpayer, without having been timeshared, and adjusting such value by an amount necessary to reflect any increase or decrease in such value attributable to the fact that such timeshare property is marketed in increments of time. There shall be a rebuttable presumption that the value of such timeshare property is increased by 20 percent of its value under single ownership by virtue of being marketed in increments of time. If the managing entity or assessor contends that the adjustment due to such ability to market in increments of time is less than or greater than an increase of 20 percent of the single ownership value, then the burden of establishing such adjustment shall be upon the party so contending. [1987 c.424 §3; 1991 c.459 §338]

Source: Section 94.809 — Valuation of timeshare property; exclusions from value , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.620 — OR Code / Title 10 / Chapter 100 / Section 100.620
100.620 Termination or removal no bar to resubmission
Status: in_force

The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. [Formerly 94.318]

Source: Section 100.620 — Termination or removal no bar to resubmission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 98.180 — OR Code / Title 10 / Chapter 98 / Section 98.180
98.180 Delivery of proceeds to justice
Status: in_force

Upon completing the sale provided for in ORS 98.170 (Sale) , the constable or sheriff making the sale shall indorse upon the order provided for in ORS 98.160 (Inventory and order to sell) a return of the proceedings. The constable or sheriff shall deliver the order to the justice, together with the inventory and the proceeds of sale, after deducting fees. [Amended by 1963 c.228 §3]

Source: Section 98.180 — Delivery of proceeds to justice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.780 — OR Code / Title 10 / Chapter 97 / Section 97.780
97.780 Duties
Status: in_force

The Oregon Commission on Historic Cemeteries shall:

(1) Maintain a listing of all historic cemeteries in this state.

(2) Assist in coordination of restoration, renovation and maintenance of Oregon’s historic cemeteries.

(3) Make recommendations to the State Parks and Recreation Director for projects and funding to help maintain and improve Oregon’s historic cemeteries.

(4) Obtain grant funding and seek legislative appropriations for individual historic cemeteries and groups of historic cemeteries.

(5) Make recommendations to the Legislative Assembly for changes in law that will help protect historic cemeteries as part of Oregon’s heritage.

(6) Assist the director in locating and listing historic cemeteries.

(7) Assist cemeteries listed as historic cemeteries with the commission to rehabilitate and maintain those cemeteries and to promote public education relating to historic cemeteries.

(8) Establish a process to obtain advice from authorities on the subject of the care of old grave markers and graveyards as part of any restoration process. [1999 c.731 §6; 2003 c.173 §5]

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

Source: Section 97.780 — Duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.310 — OR Code / Title 10 / Chapter 93 / Section 93.310
93.310 Rules for construing description of real property
Status: in_force

The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is doubtful, and there are no other sufficient circumstances to determine it:

(1) Where there are certain definite and ascertained particulars in the description, the addition of others, which are indefinite, unknown or false, does not frustrate the conveyance, but it is to be construed by such particulars, if they constitute a sufficient description to ascertain its application.

(2) When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles or surfaces, the boundaries or monuments are paramount.

(3) Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both.

(4) When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road, or the thread of the stream, are included in the conveyance, except where the road or bed of the stream is held under another title.

(5) When tidewater is the boundary, the rights of the grantor to low watermark are included in the conveyance, and also the right of this state between high and low watermark.

(6) When the description refers to a map, and that reference is inconsistent with other particulars, it controls them, if it appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars.

Source: Section 93.310 — Rules for construing description of real property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.010 — OR Code / Title 10 / Chapter 100 / Section 100.010
100.010 Short title
Status: in_force

This chapter may be cited as the Oregon Condominium Act. [Formerly 94.011]

Source: Section 100.010 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.271 — OR Code / Title 10 / Chapter 93 / Section 93.271
93.271 Amending declarations or bylaws to remove discriminatory provisions
Status: in_force

(1) Notwithstanding ORS 94.590 (Amendment of declaration by owners) , 94.625 (Formation of homeowners association) , 100.110 (Approval of declaration, supplemental declaration or amendment required) , 100.135 (Amendments to declaration) , 100.411 (Restated bylaws) or 100.413 (Approval of amended or restated bylaws) or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk’s office of a county in which any portion of the property is situated without the vote of the owners or the board members and without the prior approval of the Real Estate Commissioner, county assessor or any other person if:

(a) The amendment is made to conform the declarations or bylaws to the requirements of ORS 93.270 (Certain restrictions in instruments prohibited) (2); and

(b) The amendment is signed by the president and secretary of the homeowners association.

(2) The first page or cover sheet of an instrument amending the declaration or bylaws must comply with the recording requirements of ORS chapter 205 and must be in substantially the following form:

AMENDMENT OF [DECLARATION/BYLAWS]

TO COMPLY WITH ORS 93.270 (Certain restrictions in instruments prohibited) (2).

Pursuant to this section, the undersigned states:

1. The undersigned are the president and secretary for the [homeowners/condominium owners] association _________ (name) in _________ County.

2. This document amends the [declaration/bylaws] of the association.

3. The [declaration was/bylaws were] first recorded under instrument number (or book and page number) ____________ recorded on _________.

4. The [declaration was/bylaws were] most recently amended or restated, if ever, under instrument number (or book and page number) _________ recorded on _________.

5. The undersigned have determined that the current [declarations/bylaws] of the [planned community/condominium], as last amended or revised, may fail to comply with ORS 93.270 (Certain restrictions in instruments prohibited) . The following amendments to the [declaration/bylaws] remove provisions that are not allowed and are unenforceable under ORS 93.270 (Certain restrictions in instruments prohibited) (2). No other changes to the document are being made except as may be necessary to correct scriveners’ errors or to conform format and style.

6. Under this section, a vote of the association is not required.

7. The description of the real property in _________ County affected by this document is:

______________________

______________________

Dated this _____ day of _________ 20___.

Name: _________________

President, ____________ (association name)

Address: _______________

______________________

Phone No.: ________

Dated this _____ day of _________ 20___.

Name: _________________

Secretary, _________ (association name)

Address: _______________

______________________

Phone No.: ________

STATE OF OREGON )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this ___ day of ______ 20___ by ____________ and ____________.

__________________

Notary Public for Oregon

My commission expires: _________

(3) If an instrument recorded under this section affects a condominium, the condominium association shall file a copy of the recorded instrument with the Real Estate Commissioner. [2023 c.223 §25]

Source: Section 93.271 — Amending declarations or bylaws to remove discriminatory provisions; recording; filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.926 — OR Code / Title 10 / Chapter 97 / Section 97.926
97.926 Rulemaking authority
Status: in_force

The Director of the Department of Consumer and Business Services may adopt rules that are necessary or appropriate to:

(1) Protect purchasers of prearrangement sales contracts and preconstruction sales contracts and the public; and

(2) Administer 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) . [2007 c.661 §25]

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

Source: Section 97.926 — Rulemaking authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.963 — OR Code / Title 10 / Chapter 97 / Section 97.963
97.963 Effect of making, amending or revoking anatomical gift
Status: in_force

(1) An anatomical gift of a donor’s body or body part, if the donor or another person made an anatomical gift of the donor’s body or body part under ORS 97.957 (Methods of making anatomical gift before death of donor) or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959 (Revocation or amendment of anatomical gift by donor or agent or guardian of donor) , may not be revoked except in accordance with ORS 97.959 (Revocation or amendment of anatomical gift by donor or agent or guardian of donor) .

(2) A donor’s revocation of an anatomical gift of the donor’s body or body part under ORS 97.959 (Revocation or amendment of anatomical gift by donor or agent or guardian of donor) is not a refusal and does not prohibit another person specified in ORS 97.955 (Purpose of anatomical gift) or 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) from making an anatomical gift of the donor’s body or body part under ORS 97.957 (Methods of making anatomical gift before death of donor) or 97.967 (Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person) .

(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or body part under ORS 97.957 (Methods of making anatomical gift before death of donor) or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959 (Revocation or amendment of anatomical gift by donor or agent or guardian of donor) , another person may not make, amend or revoke the gift of the donor’s body or body part under ORS 97.967 (Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person) .

(4) A revocation of an anatomical gift of a donor’s body or body part under ORS 97.959 (Revocation or amendment of anatomical gift by donor or agent or guardian of donor) by a person other than the donor does not prohibit another person from making an anatomical gift of the body or body part under ORS 97.957 (Methods of making anatomical gift before death of donor) or 97.967 (Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person) .

(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under ORS 97.955 (Purpose of anatomical gift) , an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or other person.

(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under ORS 97.955 (Purpose of anatomical gift) , an anatomical gift of a body part for one or more of the purposes set forth in ORS 97.955 (Purpose of anatomical gift) is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or other person under ORS 97.957 (Methods of making anatomical gift before death of donor) or 97.967 (Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person) . [2007 c.681 §7; 2009 c.106 §4; 2011 c.61 §2]

Note: See note under 97.951 (Short title) .

Source: Section 97.963 — Effect of making, amending or revoking anatomical gift , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.676 — OR Code / Title 10 / Chapter 94 / Section 94.676
94.676 Insurance deductible for certain planned communities
Status: in_force

(1) If the declaration or bylaws of a planned community created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) before September 27, 2007, or a planned community subject to ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) do not assign the responsibility for payment of the amount of the deductible in an association insurance policy, the board of directors of the homeowners association may adopt a resolution that assigns the responsibility for payment of the amount of the deductible. The resolution must include, but need not be limited to:

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

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

(B) All owners;

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

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

(2) If the board of directors adopts a resolution as described in subsection (1) of this section, the resolution may require that an owner, in addition to any other insurance required by the declaration or bylaws, obtain and maintain:

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

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

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

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

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

(4) Not later than 10 days after adoption of a resolution under subsection (1) or (3) of this section, the board of directors shall ensure that a copy of the resolution and a notice described in subsection (5) of this section are:

(a) Delivered to each lot; or

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

(5) The notice required under subsection (4) of this section shall:

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

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

(6) Failure to provide a copy of a resolution or a notice required under this section does not affect the responsibility of an owner to comply with a resolution adopted under this section. [2007 c.409 §3]

Source: Section 94.676 — Insurance deductible for certain planned communities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.425 — OR Code / Title 10 / Chapter 92 / Section 92.425
92.425 Conditions prerequisite to sale
Status: in_force

(1) No lot, parcel or interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:

(a) A copy of the title report or abstract, as it relates to the property being sold.

(b) The original sales document or an executed copy thereof relating to the purchase of real property in the subdivision or series partition clearly setting forth the legal description of the property being purchased, the principal amount of the encumbrance outstanding at the date of the sales document and the terms of the document.

(c) A commitment to give a partial release for the lot, parcel or other interest being sold from the terms and provisions of any blanket encumbrance as described in ORS 92.305 (Definitions for ORS 92.305 to 92.495) (1). Except as otherwise provided in subsection (4) of this section, the commitment shall be in a form satisfactory to the Real Estate Commissioner.

(d) A commitment to give a release of any other lien or encumbrance existing against such lot, parcel or other interest being sold as revealed by such title report. Except as otherwise provided in subsection (4) of this section, the commitment shall be in a form satisfactory to the commissioner.

(e) A warranty or bargain and sale deed in good and sufficient form conveying merchantable and marketable title to the purchaser of such lot, parcel or other interest.

(2) The subdivider, series partitioner or developer shall submit written authorization allowing the commissioner to inspect all escrow deposits established pursuant to subsection (1) of this section.

(3) In lieu of the procedures provided in subsection (1) of this section, the subdivider, series partitioner or developer shall conform to such alternative requirement or method which the commissioner may deem acceptable to carry into effect the intent and provisions of this section.

(4) The requirements of subsection (1)(c) and (d) of this section relating to use of a commitment form acceptable to the commissioner and the provisions of subsection (2) of this section shall not apply to subdivided or series partitioned lands described by ORS 92.325 (Application of ORS 92.305 to 92.495) (3)(h). [1974 c.1 §12; 1975 c.643 §9; 1977 c.809 §10; 1979 c.242 §7; 1983 c.530 §54; 1983 c.570 §19]

Source: Section 92.425 — Conditions prerequisite to sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.317 — OR Code / Title 10 / Chapter 90 / Section 90.317
90.317 Repair or replacement of carbon monoxide alarm
Status: in_force

(1) A landlord shall ensure that a dwelling unit has one or more carbon monoxide alarms installed in compliance with State Fire Marshal rules and the state building code 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 the tenant of the dwelling unit with a written notice containing instructions for testing of the alarms. The landlord shall provide the written notice to the tenant no later than at the time that the tenant first takes possession of the premises.

(3) If the landlord receives written notice from the tenant of a deficiency in a carbon monoxide alarm, other than dead batteries, the landlord shall repair or replace the alarm.

(4) Supplying and maintaining a carbon monoxide alarm required under this section is a habitable condition requirement under ORS 90.320 (Landlord to maintain premises in habitable condition) . [2009 c.591 §5; 2011 c.42 §7]

Note: 90.317 (Repair or replacement of carbon monoxide alarm) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Note: See 105.844 (Short title) .

Source: Section 90.317 — Repair or replacement of carbon monoxide alarm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.326 — OR Code / Title 10 / Chapter 98 / Section 98.326
98.326 Property of business associations or financial institutions held in the course of dissolution
Status: in_force

All intangible personal property distributable in the course of a dissolution of a business association or financial institution that is unclaimed by the owner for more than one year after the date for final distribution is presumed abandoned. [1957 c.670 §8; 1983 c.716 §4; 1993 c.694 §41; 2003 c.272 §3]

Source: Section 98.326 — Property of business associations or financial institutions held in the course of dissolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.965 — OR Code / Title 10 / Chapter 97 / Section 97.965
97.965 Persons authorized to make anatomical gift of body or body part of decedent
Status: in_force

(1) Subject to subsections (2) and (3) of this section and unless prohibited by ORS 97.961 (Refusal to make anatomical gift) or 97.963 (Effect of making, amending or revoking anatomical gift) , an anatomical gift of a decedent’s body or body part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the following order:

(a) An agent of the decedent at the time of death who could have made an anatomical gift under ORS 97.955 (Purpose of anatomical gift) (2)(b) immediately before the decedent’s death;

(b) The spouse of the decedent;

(c) An adult child of the decedent;

(d) A parent of the decedent;

(e) An adult sibling of the decedent;

(f) An adult grandchild of the decedent;

(g) A grandparent of the decedent;

(h) An adult who exhibited special care and concern for the decedent;

(i) A guardian of the decedent at the time of death; or

(j) Any other person having the authority to dispose of the decedent’s body.

(2) If there is more than one member of a class listed in subsection (1) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under ORS 97.969 (Authorized recipients of anatomical gifts) knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(3) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift. [2007 c.681 §8]

Note: See note under 97.951 (Short title) .

Source: Section 97.965 — Persons authorized to make anatomical gift of body or body part of decedent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 92.313 — OR Code / Title 10 / Chapter 92 / Section 92.313
92.313 Policy
Status: in_force

(1) The Legislative Assembly finds that the development of new subdivisions and series partitions and the promotion of sales and leases of such property are now largely uncontrolled and unregulated in this state and that a need exists to protect the public from fraud, deceit and misrepresentation.

(2) The provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) are in addition to, and not in lieu of, the existing provisions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(3) ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) may be cited as the Oregon Subdivision and Series Partition Control Law. [1974 c.1 §2; 1975 c.643 §1a; 1983 c.570 §9]

Source: Section 92.313 — Policy; construction; citation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 97.949 — OR Code / Title 10 / Chapter 97 / Section 97.949
97.949 Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949
Status: in_force

(1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has violated any provision 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) , the director may give the information relative to the violation to the appropriate federal, state or local law enforcement officer having jurisdiction over the violation.

(2) If the director, in the course of taking an action against a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration, finds that a salesperson or person acting as a salesperson has violated any provision 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) , the director shall provide the State Mortuary and Cemetery Board with a copy of the findings and the order of the director. The board shall, upon receipt of such information, discipline the salesperson or person acting as a salesperson as required by law. [2001 c.796 §5; 2003 c.362 §8; 2005 c.338 §3; 2012 c.7 §16]

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

Source: Section 97.949 — Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.485 — OR Code / Title 10 / Chapter 105 / Section 105.485
105.485 Allocation of burden of proof
Status: in_force

The burden of proof of lawful delivery of a seller’s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer’s offer is on the buyer. [1993 c.547 §5; 2003 c.328 §8]

Source: Section 105.485 — Allocation of burden of proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.435 — OR Code / Title 10 / Chapter 90 / Section 90.435
90.435 Limitation on recovery of possession of premises
Status: in_force

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity or other essential service to the tenant, except in case of abandonment or relinquishment, or as permitted in this chapter in the manner provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . [Formerly 91.850; 1999 c.603 §30; 2003 c.378 §16]

Source: Section 90.435 — Limitation on recovery of possession of premises , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.775 — OR Code / Title 10 / Chapter 90 / Section 90.775
90.775 Rules
Status: in_force

The Housing and Community Services Department may adopt rules necessary to carry out the provisions of ORS 90.771 (Confidentiality of information regarding disputes) . [Formerly 91.955; 2001 c.596 §49]

Source: Section 90.775 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.413 — OR Code / Title 10 / Chapter 100 / Section 100.413
100.413 Approval of amended or restated bylaws
Status: in_force

(1) Intentionally left blank —Ed.

(a) For bylaws recorded before October 3, 1989, an amendment to the bylaws recorded on or after October 4, 1977, and before October 3, 1989, is not effective unless approved by the Real Estate Commissioner.

(b) Within five years after the recording of bylaws recorded on or after October 3, 1989, an amendment to the bylaws must be approved by the Real Estate Commissioner.

(2) Except as provided by subsection (4) of this section, notwithstanding a requirement in the bylaws that any amendment to the bylaws be approved by the commissioner, amendments adopted more than five years after recording the initial bylaws do not require approval by the commissioner.

(3) Bylaws that are restated under this chapter on or after July 14, 2003, and within five years of the recording of the bylaws must be approved by the commissioner.

(4) Bylaws recorded on or after January 1, 2020, may require that any or all amendments to the bylaws or restatements of the bylaws under ORS 100.411 (Restated bylaws) be approved by the commissioner under this section.

(5) The person submitting amended bylaws or restated bylaws for approval shall submit a filing in accordance with ORS 100.668 (Documents and information included with filing) and the fee required by ORS 100.670 (Fees) .

(6) Upon compliance with subsection (5) of this section, the commissioner shall approve:

(a) A bylaw amendment that complies with ORS 100.410 (Adoption of bylaws) and 100.415 (Contents of bylaws) and this section; and

(b) Restated bylaws that comply with ORS 100.411 (Restated bylaws) and this section.

(7) If the amended bylaw or restated bylaws approved by the commissioner under this section are not recorded as required in ORS 100.410 (Adoption of bylaws) or 100.411 (Restated bylaws) within one year from the date of approval by the commissioner, the approval expires and the amended bylaw or restated bylaws must be resubmitted for approval. The commissioner’s approval must set forth the date on which the approval expires.

(8) An association of unit owners may request that the commissioner approve a bylaw amendment or restated bylaws under ORS 100.411 (Restated bylaws) for which approval is not required under this section, subject to subsections (5) and (7) of this section.

(9) The association shall submit a copy of the recorded bylaw amendment or restated bylaws to the commissioner. [2019 c.69 §13]

Note: See note under 100.411 (Restated bylaws) .

Source: Section 100.413 — Approval of amended or restated bylaws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.350 — OR Code / Title 10 / Chapter 105 / Section 105.350
105.350 Purchase by referee, conservator or guardian forbidden
Status: in_force

Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor shall the guardian or conservator of the estate of an infant party be interested in the purchase of any real property that is the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section are void. [Amended by 1973 c.823 §99]

Source: Section 105.350 — Purchase by referee, conservator or guardian forbidden , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.830 — OR Code / Title 10 / Chapter 97 / Section 97.830
97.830 Investment and reinvestment of principal of endowed care funds
Status: in_force

(1) The principal of all funds for endowed care shall be invested, from time to time reinvested and kept invested. If a trust agreement imposes upon the trustee or custodian the duty to direct the investment or reinvestment of endowed care funds, the trustee or custodian shall perform this duty governed by ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) . Otherwise, the cemetery authority, governed by ORS 130.750 (Trustee’s duty to comply with prudent investor rule) to 130.775 (Trust language authorizing investments permitted under prudent investor rule) , shall direct the investment and reinvestment of endowed care funds in the time or savings deposits of the custodian bank or savings association.

(2) The principal of invested endowed care funds shall never be voluntarily reduced, but shall be maintained separate and distinct by the trustee or custodian from all other funds except that it shall be proper to commingle endowment care funds with special care funds. The payment of charges chargeable against principal under ORS chapter 129 or of other expenses necessarily incurred in the administration of the trust in accordance with subsection (1) of this section shall not constitute a voluntary reduction of principal. The net income earned shall be used solely for the general care and maintenance of the cemetery property entitled to endowment care, as stipulated in the resolution, bylaw and other action or instrument by which the fund was established, and in such manner as the cemetery authority may from time to time determine to be in the best interests of such endowed property. Such net income shall never be used for the improvement or embellishment of undeveloped property offered for sale. [Amended by 1955 c.545 §4; 1985 c.450 §3; 1987 c.295 §3; 1995 c.157 §24; 1995 c.297 §1; 2003 c.279 §32; 2005 c.348 §125]

Source: Section 97.830 — Investment and reinvestment of principal of endowed care funds; use and application of income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.145 — OR Code / Title 10 / Chapter 105 / Section 105.145
105.145 Judgment on trial by court
Status: in_force

(1) If an action is tried by the court without a jury, and after hearing the evidence the court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, the court shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, the court shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable.

(2) If, as a result of a court-sponsored or other mediation or otherwise, the plaintiff and defendant agree, in the manner provided by ORCP 67 F for judgment by stipulation, that the defendant shall perform in a certain manner or that the plaintiff shall be paid moneys agreed to be owing by the defendant and that as a result of that performance or payment the defendant shall retain possession of the premises, including retention of possession contingent upon that performance or payment of moneys by the defendant by a certain date, the court shall enter an order or judgment to that effect. In addition, if the plaintiff and defendant agree that the plaintiff shall perform in a certain manner or pay moneys to the defendant by a certain date, the court shall enter an order or judgment to that effect.

(3) If, as provided by subsection (2) of this section, the parties enter an order or judgment by stipulation that requires the defendant to perform in a certain manner or make a payment by a certain date and the defendant later demonstrates compliance with the stipulation, the court shall enter a judgment of dismissal in favor of the defendant. [Amended by 1997 c.577 §35; 1999 c.603 §36; 2003 c.378 §22]

Source: Section 105.145 — Judgment on trial by court; duties of parties to stipulated agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.010 — OR Code / Title 10 / Chapter 92 / Section 92.010
92.010 Definitions for ORS 92.010 to 92.192
Status: in_force

As used in ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) , unless the context requires otherwise:

(1) “Declarant” means the person who files a declaration under ORS 92.075 (Declaration required to subdivide or partition property) .

(2) “Declaration” means the instrument described in ORS 92.075 (Declaration required to subdivide or partition property) by which the subdivision or partition plat was created.

(3) Intentionally left blank —Ed.

(a) “Lawfully established unit of land” means:

(A) A lot or parcel created pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) ; or

(B) Another unit of land created:

(i) In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or

(ii) By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations.

(b) “Lawfully established unit of land” does not mean a unit of land created solely to establish a separate tax account.

(4) “Lot” means a single unit of land that is created by a subdivision of land.

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

(6) “Parcel” means a single unit of land that is created by a partition of land.

(7) “Partition” means either an act of partitioning land or an area or tract of land partitioned.

(8) “Partition plat” includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.

(9) “Partitioning land” means dividing land to create not more than three parcels of land within a calendar year, but does not include:

(a) Dividing land as a result of a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

(b) Adjusting a property line as property line adjustment is defined in this section;

(c) Dividing land as a result of the recording of a subdivision or condominium plat;

(d) Selling or granting by a person to a public agency or public body of property for state highway, county road, city street or other right of way purposes if the road or right of way complies with the applicable comprehensive plan and ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2)(p) to (r) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2)(q) to (s). However, any property sold or granted for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until the property is further subdivided or partitioned; or

(e) Selling or granting by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.

(10) “Plat” includes a final subdivision plat, replat or partition plat.

(11) “Property line” means the division line between two units of land.

(12) “Property line adjustment” means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

(13) “Replat” means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

(14) “Road” or “street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.

(15) “Sale” or “sell” includes every disposition or transfer of land or an interest or estate therein.

(16) “Subdivide land” means to divide land to create four or more lots within a calendar year.

(17) “Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.

(18) “Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

(19) “Utility easement” means an easement noted on a subdivision plat or partition plat for the purpose of installing or maintaining public or private utility infrastructure for the provision of water, power, heat or telecommunications to the public. [Amended by 1955 c.756 §1; 1973 c.696 §3; 1977 c.809 §4; 1979 c.46 §1; 1985 c.369 §5; 1985 c.717 §1; 1989 c.772 §1; 1991 c.763 §1; 1993 c.702 §1; 1993 c.704 §4; 1995 c.382 §3; 1997 c.268 §1; 2001 c.544 §3; 2005 c.399 §1; 2007 c.652 §1; 2007 c.866 §4; 2008 c.12 §3]

Source: Section 92.010 — Definitions for ORS 92.010 to 92.192 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.820 — OR Code / Title 10 / Chapter 105 / Section 105.820
105.820 Remedy of tenants in common
Status: in_force

A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.

Source: Section 105.820 — Remedy of tenants in common , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.605 — OR Code / Title 10 / Chapter 100 / Section 100.605
100.605 Removal of property from association
Status: in_force

(1) If 90 percent of the unit owners agree that the property is obsolete and shall be sold, the property shall be considered removed from the provisions of this chapter.

(2) Except where the declaration or bylaws provide to the contrary, if all or part of the property is damaged or destroyed, then the association of unit owners shall repair, reconstruct or rebuild the property, unless 60 percent of the unit owners agree that the property shall not be repaired, reconstructed or rebuilt. If 60 percent of the unit owners agree that the property shall not be repaired, reconstructed or rebuilt, the property shall be considered removed from the provisions of this chapter.

(3) Removal of the condominium or a portion thereof from the provisions of this chapter under subsections (1) or (2) of this section shall comply with all of the requirements of ORS 100.600 (Termination of association or removal of real property by unit owners) except that the percent of the owners required to take action shall conform only to subsections (1) or (2) of this section, as applicable. [Formerly 94.300]

Source: Section 100.605 — Removal of property from association; repair or removal of property that is damaged or destroyed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.018 — OR Code / Title 10 / Chapter 92 / Section 92.018
92.018 Buyer’s remedies for purchase of improperly created unit of land
Status: in_force

(1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevailing party in an action under this section.

(2) If the seller of a unit of land that was not lawfully established is a county that involuntarily acquired the unit of land by means of foreclosure under ORS chapter 312 of delinquent tax liens, the person who purchases the unit of land is not entitled to damages or equitable relief. [1983 c.718 §4; 1995 c.618 §53; 1997 c.805 §2; 2007 c.866 §5]

Source: Section 92.018 — Buyer’s remedies for purchase of improperly created unit of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 94.841 — OR Code / Title 10 / Chapter 94 / Section 94.841
94.841 Waiver of rights void
Status: in_force

Any condition, stipulation or provision in a sales agreement, lease or other legal document, that binds a purchaser to waive legal rights granted to the purchaser under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) against the developer shall be considered to be contrary to public policy and void. [1983 c.530 §28]

Source: Section 94.841 — Waiver of rights void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.145 — OR Code / Title 10 / Chapter 90 / Section 90.145
90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord
Status: in_force

(1) A tenant who occupies or an applicant who will occupy a dwelling unit and who conducts repairs, routine maintenance or cleaning services on that dwelling unit in exchange for a reduction in rent pursuant to a written or oral agreement with the landlord is not an employee of the landlord.

(2) A tenant or an applicant described in subsection (1) of this section may not conduct electrical or plumbing installation, maintenance or repair unless properly licensed under ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) or ORS chapter 693. The tenant or applicant is not required to obtain a plumbing contractor license under ORS 447.040 (Plumbing contractor license) to perform work under this section.

(3) Nothing in this section diminishes the obligations of a landlord to maintain the dwelling unit in a habitable condition under ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) .

(4) Any electrical or plumbing installation, maintenance or repair work performed by a tenant or an applicant under this section must comply with ORS 447.010 (Definitions for ORS 447.010 to 447.156 and 447.992) to 447.156 (Sale of uncertified plumbing products prohibited) and 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) . [1995 c.773 §2; 1999 c.676 §9; 2005 c.758 §6]

Source: Section 90.145 — Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.080 — OR Code / Title 10 / Chapter 92 / Section 92.080
92.080 Preparation of plat
Status: in_force

Notwithstanding ORS 205.232 (Conditions for instruments to be recorded) and 205.234 (Requirements for first page of instruments to be recorded) , all plats subdividing or partitioning land in a county in this state, dedications of streets or roads or public parks and squares and other writings made a part of the subdivision or partition plats offered for record in a county in this state must be made on material that is 18 inches by 24 inches in size with an additional three-inch binding edge on the left side when required by the county clerk or the county surveyor, that is suitable for binding and copying purposes, and that has the characteristics of strength and permanency required by the county clerk and county surveyor. All signatures on the original subdivision or partition plat must be in archival quality black ink. The subdivision or partition plat must be of a scale required by the county surveyor. The lettering of the approvals, the declaration, the surveyor’s certificate and all other information must be of a size or type to be clearly legible, but the information may not come nearer an edge of the sheet than one inch. The subdivision or partition plat may be placed on as many sheets as necessary, but a face sheet and an index page must be included for subdivision or partition plats placed upon three or more sheets. [Amended by 1955 c.756 §12; 1973 c.696 §15; 1985 c.582 §1; 1989 c.772 §12; 1991 c.763 §14; 1993 c.321 §6; 1993 c.702 §5; 1997 c.489 §5; 1999 c.710 §3; 2005 c.399 §10]

Source: Section 92.080 — Preparation of plat , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.885 — OR Code / Title 10 / Chapter 105 / Section 105.885
105.885 Definitions for ORS 105.885 to 105.895
Status: in_force

As used in ORS 105.885 (Definitions for ORS 105.885 to 105.895) to 105.895 (Requirements for easement creation by instrument) :

(1) “Instrument” means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight.

(2) “Solar energy easement” means any easement, covenant or conditions designed to insure the passage of incident solar radiation, light, air or heat across the real property of another.

(3) “Solar envelope” means a three-dimensional space over a lot representing height restrictions for structures and vegetation on the lot designed to protect access to sunlight for neighboring lots.

(4) “Sun chart” means a representation showing the plotted position of the sun. The chart shall display the path of the sun during each hour of the day and each month of the year at the nearest degree of latitude to the property. [1979 c.671 §6; 1981 c.722 §7]

Source: Section 105.885 — Definitions for ORS 105.885 to 105.895 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.230 — OR Code / Title 10 / Chapter 90 / Section 90.230
90.230 Rental agreements for occupancy of recreational vehicle in park
Status: in_force

(1) If a tenancy is for the occupancy of a recreational vehicle in a manufactured dwelling park or mobile home park, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) , or recreational vehicle park, as defined in ORS 197.492 (Definitions for ORS 197.492 and 197.493) , the landlord shall provide a written rental agreement for a month-to-month, week-to-week or fixed-term tenancy. The rental agreement must state:

(a) If applicable, that the tenancy may be terminated by the landlord under ORS 90.427 (Termination of tenancy without tenant cause) without cause upon 30 or 60 days’ written notice for a month-to-month tenancy or upon 10 days’ written notice for a week-to-week tenancy.

(b) That any accessory building or structure paid for or provided by the tenant belongs to the tenant and is subject to a demand by the landlord that the tenant remove the building or structure upon termination of the tenancy.

(c) That the tenancy is subject to the requirements of ORS 197.493 (Placement and occupancy of recreational vehicle) (1) for exemption from placement and occupancy restrictions.

(2) If a tenant described in subsection (1) of this section moves following termination of the tenancy by the landlord under ORS 90.427 (Termination of tenancy without tenant cause) , and the landlord failed to provide the required written rental agreement before the beginning of the tenancy, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater.

(3) If the occupancy fails at any time to comply with the requirements of ORS 197.493 (Placement and occupancy of recreational vehicle) (1) for exemption from placement and occupancy restrictions, and a state agency or local government requires the tenant to move as a result of the noncompliance, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater. This subsection does not apply if the noncompliance was caused by the tenant.

(4) This section does not apply to a vacation occupancy. [2005 c.619 §14; 2011 c.42 §1a; 2022 c.54 §11]

Source: Section 90.230 — Rental agreements for occupancy of recreational vehicle in park; remedy for noncompliance; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.237 — OR Code / Title 10 / Chapter 97 / Section 97.237
97.237 Veterans’ remains coordinator to report to county veterans’ service officer before interment of eligible decedent
Status: in_force

(1) Before causing the interment of an eligible decedent under ORS 97.234 (County designation of veterans’ remains coordinator) , the veterans’ remains coordinator shall report to the county veterans’ service officer:

(a) The facts relied upon to establish eligibility for interment under ORS 97.234 (County designation of veterans’ remains coordinator) ;

(b) The plan for the interment of the eligible decedent; and

(c) The date of death and place of interment of the eligible decedent.

(2) The county veterans’ service officer shall establish and maintain a record of information received under subsection (1) of this section. [2023 c.402 §4]

Source: Section 97.237 — Veterans’ remains coordinator to report to county veterans’ service officer before interment of eligible decedent; officer to maintain record of reported information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.530 — OR Code / Title 10 / Chapter 93 / Section 93.530
93.530 Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale
Status: in_force

All assignments of sheriffs’ certificates of sale of real property on execution or mortgage foreclosure shall be executed and acknowledged and recorded in the same manner as deeds of real property.

Source: Section 93.530 — Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.615 — OR Code / Title 10 / Chapter 105 / Section 105.615
105.615 Action by tenant in common against cotenants
Status: in_force

Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common’s predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 §1; 1989 c.1069 §3]

Source: Section 105.615 — Action by tenant in common against cotenants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.920 — OR Code / Title 10 / Chapter 93 / Section 93.920
93.920 Curing default to avoid forfeiture
Status: in_force

A purchaser in default may avoid a forfeiture under the contract by curing the default or defaults before expiration of the notice period provided in ORS 93.915 (Notice of default) . If the default consists of a failure to pay sums when due under the contract, the default may be cured by paying the entire amount due, other than sums that would not then be due had no default occurred, at the time of cure under the terms of the contract. Any other default under the contract may be cured by tendering the performance required under the contract. In addition to paying the sums or tendering the performance necessary to cure the default, the person effecting the cure of the default shall pay all costs and expenses actually incurred in enforcing the contract, including, but not limited to, late charges, attorney fees not to exceed $350 and costs of title search. [1985 c.718 §4; 1987 c.717 §2]

Source: Section 93.920 — Curing default to avoid forfeiture; payment of costs and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 101.050 — OR Code / Title 10 / Chapter 101 / Section 101.050
101.050 Preparation of disclosure statement by provider
Status: in_force

(1) After entry of an order registering the provider and before the provider enters into any residency agreement with or on behalf of the prospective resident, the provider shall notify prospective residents of their right to review the initial disclosure statement and shall make copies of the statement available upon request. The initial disclosure statement shall be available during regular business hours in the business office of the continuing care retirement community. The text of the initial disclosure statement shall contain the following information:

(a) The rights and requirements contained in ORS 101.115 (Resident rights) .

(b) The names of the individual or individuals who constitute the provider or, if the provider is a partnership, limited liability company, corporation or other legal entity, whether for profit or not for profit, the name of the legal entity and each of the officers, directors, trustees or managing general partners of the legal entity and a description of each individual’s duties on behalf of the legal entity.

(c) The business address of the provider and a statement of whether the provider is an individual, partnership, limited liability company, corporation or other legal entity.

(d) The names and business addresses of any individual having any more than a 10 percent direct or indirect ownership or beneficial interest in the provider, the percentage of the direct or indirect ownership or beneficial interest and a description of each individual’s interest in or occupation with the provider.

(e) Intentionally left blank —Ed.

(A) A statement as to whether the provider is or is not affiliated with any other organization of any kind, the extent of the affiliation, if any, and the extent to which any of the affiliated organizations are responsible for the financial and contractual obligations of the provider; and

(B) The provision of the Internal Revenue Code, if any, under which the provider or any affiliated organization is exempt from the payment of federal income taxes.

(f) The location and general description of the continuing care retirement community, including the location and number of living units and licensed long term care beds considered part of the CCRC, and any other care facilities owned or operated by the provider. The provider must disclose the following about any proposed continuing care retirement community or other care facilities:

(A) The estimated completion date or dates;

(B) A statement as to whether or not construction has begun; and

(C) Any contingencies subject to which construction may be deferred.

(g) The number of open bed long term care facility beds operated by the CCRC.

(h) A description of services provided or proposed to be furnished by the provider under its residency agreements including, without limitation:

(A) The extent to which medical care, long term care or health related services are furnished, and the locations where the services will be furnished. If the services are furnished at a facility that is not registered as part of the CCRC’s campus, the provider shall state the location where the services are furnished and any additional fees associated with the services; and

(B) The services made available by the continuing care retirement community at an extra charge over and above the entrance fee.

(i) A description of all fees required of each resident, including the entrance fee, regular periodic charges and the manner in which any additional fees or regular periodic charges will be determined. The description shall include:

(A) The circumstances under which the resident will be permitted to remain in the continuing care retirement community in the event the resident is unable to pay regular periodic or other charges;

(B) The terms and conditions under which the residency agreement may be canceled by the provider or the resident or in the event of the death of the resident prior to or following occupancy of the living unit;

(C) The percentage of the entrance fee refund required by ORS 101.080 (When resident eligible for refund of entrance fee) and the manner in which this percentage is calculated;

(D) The conditions under which a living unit occupied by a resident may be made available by the provider to another resident other than on the death of the resident executing the residency agreement;

(E) The manner by which the provider may adjust regular periodic charges or other recurring fees;

(F) A statement of the fees to be charged if the resident marries or divorces while at the designated continuing care retirement community, the terms concerning a resident’s spouse’s entry to or departure from a CCRC and the consequences if a new spouse does not meet the requirements for entry; and

(G) The terms and conditions for the transfer of a resident out of the CCRC.

(j) The provider’s most recent audited financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant. This audited financial statement must not have been prepared more than 16 months prior to the date of the initial application for registration.

(k) A copy of the residency agreement or agreements offered to the prospective resident by the provider.

(L) A statement on the cover page in a prominent location and typeface that registration of the continuing care retirement community does not constitute approval, recommendation or indorsement of the CCRC by the Department of Human Services, and that such registration does not evidence the accuracy or completeness of the information set forth in the disclosure statement.

(m) Copies of the primary written brochures and written promotional materials furnished to prospective residents.

(n) A full description of all contracts that the provider has entered into with affiliated organizations and an explanation of the financial impact that the contracts may have on residents.

(o) An affidavit signed by an authorized representative of the CCRC confirming that the application and disclosure statement are complete and accurate.

(2) Any individual or legal entity named in subsection (1)(b) or (d) of this section and any proposed or existing manager must disclose:

(a) Business experience in operation or management of the continuing care retirement community or other licensed long term care facilities;

(b) Whether the person has been convicted of a crime;

(c) Whether the person has been a party to any civil action in which a judgment for damages was obtained or in which an injunction was issued against the person for fraud, embezzlement, fraudulent conversion or misappropriation of property;

(d) Whether the person has had any state or federal permits or licenses suspended or revoked, or if a state or federal authority has disqualified the person from providing services in the Medicare or Medicaid program in connection with the person’s business activities; and

(e) The identity of any business or professional service entity in which the person has a 10 percent or greater ownership interest and which the provider intends to employ to provide goods, services or any other things of value.

(3) In the event subsection (2)(e) of this section applies, the person must disclose the anticipated costs to the provider or a statement that such costs cannot presently be estimated.

(4) In addition to complying with all the provisions of this section, the provider must submit on behalf of a new continuing care retirement community a statement of the anticipated source and application of funds used or to be used in the purchase or construction of the CCRC, including:

(a) An estimate of the cost of purchasing or constructing and equipping the CCRC that the provider expects to incur or become obligated for prior to the commencement of the operation of the CCRC;

(b) A description of any mortgage loan or other long term financing intended to be used for the financing of the CCRC;

(c) An estimate of the total entrance fees to be received from the residents at or prior to the commencement of operation of the continuing care retirement community based on projected occupancy at the time the CCRC commences operation; and

(d) An estimate of the funds, if any, anticipated to be necessary to pay for start-up losses. [1989 c.693 §8; 1997 c.633 §5; 2009 c.201 §3]

Source: Section 101.050 — Preparation of disclosure statement by provider; notice and review of statement by prospective residents; contents of statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 90.155 — OR Code / Title 10 / Chapter 90 / Section 90.155
90.155 Service or delivery of written notice
Status: in_force

(1) Except as provided in ORS 90.300 (Security deposits) , 90.315 (Utility or service payments) , 90.425 (Disposition of personal property abandoned by tenant) and 90.675 (Disposition of manufactured dwelling or floating home left in facility) , where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:

(a) Personal delivery to the landlord or tenant.

(b) First class mail to the landlord or tenant.

(c) If allowed under a written rental agreement, both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows:

(A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and

(B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours.

(d) Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:

(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail;

(B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail;

(C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises;

(D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and

(E) Includes notice in substantially the following form:

RECEIPT OF WRITTEN NOTICES.

By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.

(2) If a notice is served by mail under subsection (1)(b) of this section, the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided.

(3) A landlord or tenant may utilize alternative methods of notifying the other so long as the alternative method is in addition to one of the service methods described in subsection (1) of this section.

(4) After 30 days’ written notice, a landlord may unilaterally amend a rental agreement for a manufactured dwelling or floating home that is subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) to provide for service or delivery of written notices by mail and attachment service as provided by subsection (1)(c) of this section.

(5) A party to a rental agreement may use electronic mail to give a written notice terminating the tenancy only if allowed under subsection (1)(d) of this section and the termination notice is sent by both first class mail and electronic mail. [Formerly 90.910; 1997 c.577 §6; 2001 c.596 §29a; 2015 c.388 §9; 2019 c.625 §50; 2023 c.296 §1]

Source: Section 90.155 — Service or delivery of written notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 91.110 — OR Code / Title 10 / Chapter 91 / Section 91.110
91.110 Notices to be in writing
Status: in_force

All notices required by ORS 91.050 (Tenancy at will) to 91.070 (Tenancy from month to month) and by ORS 105.120 (Notice necessary to maintain action in certain cases) , must be in writing and must be served upon the tenant by being delivered to the tenant in person or by being posted in a conspicuous place on the leased premises in case of the absence of the tenant, or by being left at the residence or place of abode.

Source: Section 91.110 — Notices to be in writing; how served , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 101.070 — OR Code / Title 10 / Chapter 101 / Section 101.070
101.070 Escrow account required for registration of new continuing care retirement community
Status: in_force

(1) As a condition of registration for a new continuing care retirement community, the Department of Human Services shall require that the provider establish an escrow account with a bank, trust company or other escrow agent and that any entrance fees received by the provider prior to the date the resident is permitted to occupy the living unit in the CCRC be placed in the escrow account.

(2) Upon written request by the provider, the department shall approve the release of the funds from escrow if the department is satisfied that:

(a) The provider has received a certificate of occupancy by local authorities and has collected no less than 10 percent of each individual resident’s entrance fee for no less than 50 percent of the total number of units;

(b) Anticipated proceeds of any first mortgage loan or other long term financing commitment plus funds from other sources in the actual possession of the provider are equal to not less than:

(A) Fifty percent of the aggregate cost of constructing or purchasing and equipping and furnishing the CCRC; and

(B) Fifty percent of the funds, which the provider estimated in its disclosure pursuant to ORS 101.050 (Preparation of disclosure statement by provider) , to fund start-up losses of the CCRC; and

(c) A commitment has been received by the provider for any permanent mortgage loan or other long term financing commitment, which commitment the provider disclosed pursuant to ORS 101.050 (Preparation of disclosure statement by provider) , and any conditions of this commitment prior to disbursement of funds thereunder, other than completion of the construction or closing of the purchase of the CCRC, have been substantially satisfied.

(3) In the event a prospective resident withdraws from the residency agreement prior to occupancy, the entrance fee described in ORS 101.080 (When resident eligible for refund of entrance fee) may not be refunded to the prospective resident until such time as the prospective resident’s unit has been resold.

(4) If the entrance fees in an escrow account are not released within 48 months after the escrow account is opened, entrance fees paid, less the escrow fee, shall be returned to the residents unless an extension is granted by the department.

(5) Nothing in this section requires the escrow of any nonrefundable application fee charged to prospective residents.

(6) An entrance fee held in escrow may be returned by the escrow agent, at any time, to the person or persons who paid the fee to the provider upon receipt by the escrow agent of notice from the provider that such person is entitled to a refund of the entrance fee. [1989 c.693 §13; 2009 c.201 §6]

Source: Section 101.070 — Escrow account required for registration of new continuing care retirement community; entrance fees in escrow; use of escrow funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 90.518 — OR Code / Title 10 / Chapter 90 / Section 90.518
90.518 Provider statement of estimated cost of improvements
Status: in_force

(1) A provider shall give the buyer a statement of estimated costs for all improvements to be made under a contract between the buyer and the provider. The provider shall deliver the statement of estimated costs to the buyer before work commences on any of the improvements covered by the contract.

(2) If a provider fails to give a statement of estimated costs or knowingly fails to give a complete statement of estimated costs, a buyer who does not have actual notice of the total cost for an improvement and suffers an ascertainable loss due to the failure by the provider may bring an action to recover the greater of actual damages or $200.

(3) Except as provided in ORS 41.740 (Parol evidence rule) , a statement of estimated costs given under this section is considered to contain all of the terms of the contract between the buyer and the provider. The contents of the statement of estimated costs are the only admissible evidence of the terms of the contract between the buyer and the provider. [2001 c.282 §4; 2005 c.41 §6]

Source: Section 90.518 — Provider statement of estimated cost of improvements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.465 — OR Code / Title 10 / Chapter 105 / Section 105.465
105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870
Status: in_force

(1) The provisions of 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) :

(a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer’s spouse, parent or child:

(A) Real property consisting of or improved by one to four dwelling units;

(B) A condominium unit as defined in ORS 100.005 (Definitions) and not subject to disclosure under ORS 100.705 (Sale prohibited prior to issuance of disclosure statement) ;

(C) A timeshare property as defined in ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and not subject to disclosure under ORS 94.829 (Sale not allowed before issuance of public report) ; and

(D) A manufactured dwelling, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) , that is owned by the same person who owns the land upon which the manufactured dwelling is situated.

(b) Do not apply to a leasehold in real property.

(2) Except as provided in ORS 105.475 (Buyer’s statement of revocation of offer) (4), a seller shall complete, sign and deliver a seller’s property disclosure statement as set forth in ORS 105.464 (Form of seller’s property disclosure statement) to each buyer who makes a written offer to purchase real property in this state. [1993 c.547 §1; 1997 c.816 §15; 1999 c.307 §24; 1999 c.677 §65; 2001 c.300 §74; 2003 c.328 §1]

Source: Section 105.465 — Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.425 — OR Code / Title 10 / Chapter 100 / Section 100.425
100.425 Use of written ballot for approving or rejecting matters subject to meeting of unit owners
Status: in_force

(1) Unless prohibited or limited by the declaration, articles of incorporation or bylaws, any action that may be taken at any annual, regular or special meeting of the association of unit owners may be taken without a meeting if the association delivers a written ballot to every association member that is entitled to vote on the matter. Action by written ballot may not substitute for the following meetings:

(a) The turnover meeting required under ORS 100.210 (Turnover meeting) .

(b) The annual meeting of an association if more than a majority of the units are the principal residences of the occupants.

(c) A meeting of the association if the agenda includes a proposal to remove a director from the board of directors.

(d) A special meeting of the association called at the request of unit owners under ORS 100.407 (Annual and special meetings of association) (2).

(2) Intentionally left blank —Ed.

(a) A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.

(b) The board of directors must provide owners with at least 10 days’ notice before written ballots are mailed or otherwise delivered. If, at least three days before written ballots are scheduled to be mailed or otherwise distributed, at least 10 percent of the owners petition the board of directors requesting secrecy procedures, subject to paragraph (d) of this subsection, a written ballot must be accompanied by:

(A) A secrecy envelope;

(B) A return identification envelope to be signed by the owner; and

(C) Instructions for marking and returning the ballot.

(c) The notice required under paragraph (b) of this subsection shall state:

(A) The general subject matter of the vote by written ballot;

(B) The right of owners to request secrecy procedures specified in paragraph (b) of this subsection;

(C) The date after which ballots may be distributed;

(D) The date and time by which any petition requesting secrecy procedures must be received by the board; and

(E) The address where any petition must be delivered.

(d) The requirements of paragraph (b)(A) and (B) of this subsection do not apply to a written ballot of a unit owner if the consent or approval of that unit owner is required by the declaration or bylaws or this chapter.

(3) Matters that may be voted on by written ballot shall be deemed approved or rejected as follows:

(a) If approval of a proposed action otherwise would require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal shall be deemed to be approved when the date for return of ballots has passed, a quorum of unit owners has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; and

(b) If approval of a proposed action otherwise would require a meeting at which a specified percentage of unit owners must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds the required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and the required percentage has not been met.

(4) All solicitations for votes by written ballot shall state the following:

(a) If approval of a proposal by written ballot requires that the total number of votes cast equal or exceed a certain quorum requirement, the number of responses needed to meet the quorum requirement;

(b) If approval of a proposal by written ballot requires that a certain percentage of total votes cast approve the proposal, the required percentage of total votes needed for approval; and

(c) The period during which the association will accept written ballots for counting in accordance with subsection (5) of this section.

(5) Intentionally left blank —Ed.

(a) The association shall accept written ballots for counting during the period specified in the solicitation under subsection (4) of this section. Except as provided in paragraph (b) of this subsection, the period shall end on the earliest of the following dates:

(A) If approval of a proposed action by written ballot requires that a certain percentage of the unit owners approve the proposal, the date on which the association has received a sufficient number of approving ballots;

(B) If approval of a proposed action by written ballot requires that a certain percentage of the unit owners approve the proposal, the date on which the association has received a sufficient number of disapproving ballots to render approval impossible; or

(C) In all cases, a specified date certain on which all ballots must be returned to be counted.

(b) If the vote is by secrecy procedure under subsection (2)(b) of this section, the period shall end on the date specified in the solicitation or any extension under paragraph (c) of this subsection.

(c) Except as otherwise provided in the declaration, articles of incorporation or bylaws, in the discretion of the board of directors, if a date certain is specified in the solicitation under subsection (4) of this section, the period may be extended by written notice of the extension given to all unit owners before the end of the specified date certain.

(6) Except as otherwise provided in the declaration, articles of incorporation or bylaws, unless the vote is by secrecy procedure under subsection (2)(b) of this section, a written ballot may be revoked before the final return date of the ballots.

(7) Unless otherwise prohibited by the declaration, articles of incorporation or bylaws, the votes may be counted from time to time before the final return date of the ballots to determine whether the proposal has passed or failed by the votes already cast on the date the ballots are counted.

(8) Notwithstanding subsection (7) of this section, ballots that are returned in secrecy envelopes may not be examined or counted before the date certain specified in the solicitation or any extension under subsection (5)(c) of this section. [1997 c.816 §17; 2001 c.756 §44; 2003 c.569 §34; 2007 c.409 §27]

Note: 100.425 (Use of written ballot for approving or rejecting matters subject to meeting of unit owners) 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 100.425 — Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 98.379 — OR Code / Title 10 / Chapter 98 / Section 98.379
98.379 Retention of abandoned military medals
Status: in_force

(1) As used in this section:

(a) “Armed Forces of the United States” has the meaning given that term in ORS 366.931 (Roadside memorial signs) .

(b) “Descendant” has the meaning given that term in ORS 111.005 (Definitions for probate law) .

(c) “Military medal” means a medal or decoration awarded to a person for military service in the Armed Forces of the United States and presumed to be abandoned under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) .

(d) “Service member” means the person to whom a military medal was initially awarded by the Armed Forces of the United States.

(2) Notwithstanding ORS 98.382 (Sale of abandoned and unclaimed property) and 98.384 (Destruction or disposition of unclaimed property) , the State Treasurer may not sell or destroy a military medal. Except as provided in subsection (4) of this section, upon receiving a military medal, the State Treasurer shall retain the military medal until a claim is filed for the military medal by a service member or by a descendant of a deceased service member.

(3) The State Treasurer may make a photograph or other visual depiction of the military medal available to the public, together with any information in the records of the holder, excluding Social Security numbers, that the State Treasurer determines is necessary to facilitate the identification and location of a service member or a descendant of a deceased service member.

(4) The State Treasurer may deliver a military medal to one of the following custodians if the recipient custodian agrees in writing to retain the military medal for the service member or a descendant of a deceased service member:

(a) A military veterans’ organization qualified under section 501(c)(19) of the Internal Revenue Code;

(b) The agency that awarded the military medal;

(c) A state or federal agency; or

(d) The Oregon Military Museum established under ORS 396.555 (Oregon Military Museum established at Camp Withycombe) .

(5) If the State Treasurer transfers custody of a military medal as provided in subsection (4) of this section, the State Treasurer is relieved of any duty to safeguard the military medal.

(6) The State Treasurer may adopt rules to implement the provisions of this section, including:

(a) Identifying procedures the State Treasurer must take to reasonably identify a service member or a descendant of a deceased service member.

(b) Specifying documentation necessary for a service member or a descendant of a deceased service member to submit a claim for a military medal.

(c) Prioritizing claims if more than one of a deceased service member’s descendants submits a claim for a military medal. [2018 c.91 §2; 2019 c.384 §15; 2019 c.678 §79]

Source: Section 98.379 — Retention of abandoned military medals; transfer of custody; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.667 — OR Code / Title 10 / Chapter 94 / Section 94.667
94.667 Recording association information with county clerk
Status: in_force

(1) As used in this section, “association” means an association formed under ORS 94.625 (Formation of homeowners association) , 94.846 (Designation of managing entity) or 100.405 (Association of unit owners) , or any other association in which a person holds membership by virtue of owning or possessing a real estate interest subject to assessment and lien authority pursuant to a recorded instrument.

(2) The board of directors or managing agent of an association may record with the county clerk for the county where the subject property is located a statement of association information. Subject to subsection (3) of this section, the statement shall contain at least the following information:

(a) The name of the association as identified in the recorded declaration, conditions, covenants and restrictions or other governing instrument, and the current name of the association, if different;

(b) The name, address and daytime telephone number of a managing agent or treasurer of the association or other person authorized to receive:

(A) Assessments and fees imposed by the association; or

(B) Notice of a transfer of property;

(c) A list of the properties, as described for recordation in ORS 93.600 (Description of real property for purposes of recordation) , subject to assessment by the association;

(d) Information identifying the recorded declaration, conditions, covenants and restrictions or other governing instrument, and a reference to where the instruments are recorded; and

(e) If an amended statement is being recorded, information identifying prior recorded statements.

(3) The statement may not include information for a purpose that is not related to the identification of the person specified in subsection (2)(b) of this section.

(4) The county clerk may charge a fee for recording a statement under this section according to the provisions of ORS 205.320 (Fees collected by county clerk) (1)(d). [1999 c.447 §1; 2001 c.756 §19; 2015 c.27 §7]

Note: 94.667 (Recording association information with county clerk) was enacted into law by the Legislative Assembly but was 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 94.667 — Recording association information with county clerk , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.385 — OR Code / Title 10 / Chapter 90 / Section 90.385
90.385 Retaliatory conduct by landlord
Status: in_force

(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:

(a) The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:

(A) A building, health or housing code materially affecting health or safety;

(B) Laws or regulations concerning the delivery of mail; or

(C) Laws or regulations prohibiting discrimination in rental housing;

(b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;

(c) The tenant has organized or become a member of a tenants’ union or similar organization;

(d) The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;

(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:

(A) The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155 (Service or delivery of written notice) ; or

(B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy;

(f) The tenant uses, or intends or attempts to use, the dwelling as a family child care home in compliance with ORS 90.358 (Dwelling use as family child care home allowed) ; or

(g) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.

(2) As used in subsection (1) of this section, “decreasing services” includes:

(a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of common areas or facilities by tenant associations or tenants meeting to establish a tenant organization; and

(b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.

(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 (Effect of unlawful ouster or exclusion) and has a defense in any retaliatory action against the tenant for possession.

(4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:

(a) The complaint by the tenant was made to the landlord or an agent of the landlord in an unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of unreasonably harassing the landlord in consideration of all related circumstances preceding or contemporaneous to the complaint;

(b) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the household of the tenant or upon the premises with the consent of the tenant;

(c) The tenant was in default in rent at the time of the service of the notice upon which the action is based; or

(d) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.

(5) For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.

(6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 (Tenant counterclaims in action by landlord for possession or rent) shall not be considered to be in default in rent.

(7) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (2). [Formerly 91.865; 1995 c.559 §25; 1997 c.303 §1; 1999 c.603 §23; 2011 c.42 §8; 2020 s.s.3 c.3 §§9,18; 2023 c.145 §3]

Source: Section 90.385 — Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.350 — OR Code / Title 10 / Chapter 97 / Section 97.350
97.350 Dedication to cemetery purposes not invalid
Status: in_force

Dedication to cemetery purposes pursuant to 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) is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, and is deemed to be in respect for the dead, and is a provision for the interment of human remains and is a duty to, and for the benefit of, the general public.

Source: Section 97.350 — Dedication to cemetery purposes not invalid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.150 — OR Code / Title 10 / Chapter 97 / Section 97.150
97.150 Disposition of cremated remains
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner has been authorized to cremate or reduce remains of a decedent pursuant to ORS 97.130 (Right to control disposition of remains) , the authorization must also contain further instructions to the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner as to the final disposition of the cremated or reduced remains.

(b) If the cremated or reduced remains are left in the possession of the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner and no instructions for final disposition are given to the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner within 180 days after the date of cremation or reduction, the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner shall make a reasonable effort to notify the person who has the authority to direct disposition of the cremated or reduced remains under ORS 97.130 (Right to control disposition of remains) (2). The notice must state that the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner intends to dispose of the cremated or reduced remains unless the person who has the authority to direct disposition of the cremated or reduced remains gives instructions to the contrary to the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner within 30 days after the date of the notice.

(c) Reasonable effort to notify includes, but is not limited to, notice, delivered personally or by certified mail, return receipt requested, to the person who has the authority to direct disposition of the cremated or reduced remains at the address of the person in the records of the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner.

(d) If the person who has the authority to direct the disposition of the cremated or reduced remains has not given instructions for the disposition of the cremated or reduced remains within 30 days after the date of the notice, the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner may dispose of the cremated or reduced remains as is legally practicable.

(2) A cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner is not liable in any civil or criminal proceeding relating to cremated or reduced remains that have been left in the possession of the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner for a period of 180 days or more unless:

(a) The cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner has failed to make a reasonable effort to notify the person who has the authority to direct disposition of the cremated or reduced remains as described in subsection (1) of this section;

(b) A written contract has been entered into with the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner for care of the cremated or reduced remains; or

(c) Permanent interment has been made.

(3) A cemetery authority is not liable in any civil or criminal proceeding relating to cremated or reduced remains that have been interred, scattered, placed in an ossuary or disposed of in any other manner within the cemetery if the person who physically possesses the cremated or reduced remains consents to the disposition.

(4) A cemetery authority is not liable in any civil or criminal proceeding relating to cremated or reduced remains that have been scattered within the cemetery without the knowledge of the cemetery authority. The cemetery authority may dispose of cremated or reduced remains that have been scattered within the cemetery without the knowledge of the cemetery authority as is legally practicable.

(5) If the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner has complied with this section, then the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner may dispose of the remains as is legally practicable. [Amended by 1989 c.669 §1; 1997 c.472 §3; 2011 c.164 §2; 2021 c.296 §5]

Source: Section 97.150 — Disposition of cremated remains; procedures; notice; limitations on liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.870 — OR Code / Title 10 / Chapter 90 / Section 90.870
90.870 Manner of giving notice
Status: in_force

(1) A seller subject to ORS 90.865 (Dealer notice of rent payments and financing) must give notice by certified mail to the parties listed in subsection (2) of this section prior to the date the manufactured dwelling is delivered to the facility. The notice must be in writing and include:

(a) A statement that a portion of the rent is being paid by the seller or out of the proceeds from financing; and

(b) The amount and duration of rent that is being paid by the seller or out of the proceeds from financing.

(2) A seller subject to ORS 90.865 (Dealer notice of rent payments and financing) must give notice under subsection (1) of this section to:

(a) The buyer;

(b) The landlord; and

(c) The secured party, if any, taking a purchase money security interest in the manufactured dwelling. [2001 c.112 §3]

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

Source: Section 90.870 — Manner of giving notice; persons entitled to notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.574 — OR Code / Title 10 / Chapter 94 / Section 94.574
94.574 Procedure for formation of homeowners association by Class I or Class II planned community
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the governing documents of a Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) do not provide for the formation of a homeowners association, at least 10 percent of the owners in the planned community or any governing entity of the planned community may initiate the formation of an association as provided in this section.

(b) The owners or the governing entity initiating the association formation shall:

(A) Call an organizational meeting for the purpose of voting whether to form an association described in ORS 94.625 (Formation of homeowners association) ; and

(B) Provide notice of the organization meeting to the owners in the planned community.

(c) The notice of the organizational meeting shall list the names of the initiating owners or the governing entity and shall include the following statements:

(A) The organizational meeting is for the purpose of voting whether to form an association in accordance with the proposed articles of incorporation;

(B) If the owners vote to form an association, the owners may elect the initial board of directors provided for in the articles of incorporation and may adopt the initial bylaws;

(C) The formation of the association requires an affirmative vote of at least a majority of the owners in the planned community, or a larger percentage if so specified in an applicable governing document;

(D) An affirmative vote of at least a majority of the owners present is required to adopt the articles of incorporation, to elect the initial board of directors pursuant to the articles of incorporation or to adopt the initial bylaws;

(E) If the initial board of directors is not elected at the organizational meeting, an interim board of directors must be elected pursuant to bylaws adopted as provided in subsection (4) of this section; and

(F) A copy of the proposed articles of incorporation and bylaws will be available at least five business days before the meeting and a statement of the method of requesting a copy.

(2) The notice described in subsection (1)(c) of this section must be delivered in accordance with the declaration and bylaws. If there are no governing documents or the governing documents do not include notice provisions, the owners or the governing entity shall follow the procedure prescribed in ORS 94.650 (Meetings of lot owners) (4).

(3) The initiating owners or the governing entity shall cause articles of incorporation and bylaws to be drafted at least five business days before the organizational meeting. The bylaws must include, to the extent applicable, the information required by ORS 94.635 (Association bylaws) .

(4) At the organizational meeting:

(a) Representatives of the initiating owners or the governing entity shall conduct the meeting according to Robert’s Rules of Order as provided in ORS 94.657 (Rules of order) , to the extent not inconsistent with the governing documents.

(b) The initiating owners or the governing entity shall make available copies of the proposed articles of incorporation and bylaws.

(c) The affirmative vote of at least a majority of the owners of a planned community, or a larger percentage if so specified in an applicable governing document, is required to form an association under this section.

(d) An owner may vote by proxy or written ballot if so approved by a majority of the initiating owners or by the governing entity.

(e) Intentionally left blank —Ed.

(A) If the owners vote to form an association at the organizational meeting, the owners:

(i) Shall adopt articles of incorporation;

(ii) May elect the initial board of directors as provided in the articles of incorporation;

(iii) Shall adopt bylaws; and

(iv) Shall conduct any other authorized business by an affirmative vote of at least a majority of the owners present.

(B) If the owners do not elect the initial board of directors at the organizational meeting, the owners shall elect an interim board of directors by an affirmative vote of at least a majority of the owners present to serve until the initial board of directors is elected.

(5) Not later than 10 business days after the organizational meeting, the board of directors shall cause:

(a) The articles of incorporation to be filed with the Secretary of State under ORS chapter 65.

(b) The notice of planned community to be prepared, executed and recorded in accordance with ORS 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783) .

(c) A statement of association information to be prepared, executed and recorded in accordance with ORS 94.667 (Recording association information with county clerk) .

(d) Each owner to receive a copy of the notice of planned community, together with a copy of the adopted articles of incorporation and bylaws, if any, or a statement of the procedure and method for adoption of bylaws described in subsection (4) of this section. The copies and any statement must be delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated by the owners in writing.

(6) If the owners vote to form an association, all costs incurred under this section, including but not limited to the preparation and filing of the articles of incorporation, the drafting of bylaws, the preparation of notice of meeting and the drafting, delivery and recording of all notices and statements, shall be a common expense of the owners and shall be allocated as provided in the appropriate governing document or any amendment thereto. [2017 c.423 §11]

Source: Section 94.574 — Procedure for formation of homeowners association by Class I or Class II planned community , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.951 — OR Code / Title 10 / Chapter 97 / Section 97.951
97.951 Short title
Status: in_force

ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) may be cited as the Revised Uniform Anatomical Gift Act. [2007 c.681 §1]

Note: 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) were enacted into law by the Legislative Assembly but were 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 97.951 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.950 — OR Code / Title 10 / Chapter 105 / Section 105.950
105.950 Statutory rule against perpetuities
Status: in_force

(1) A nonvested property interest is invalid unless:

(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or

(b) The interest either vests or terminates within 90 years after its creation.

(2) A general power of appointment, not presently exercisable because of a condition precedent, is invalid unless:

(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or

(b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.

(3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or

(b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.

(4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a) or (3)(a) of this section, the possibility that a child will be born to an individual after the individual’s death is disregarded.

(5) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives if, in measuring a period from the creation of a trust or other property arrangement, that language seeks:

(a) To disallow the vesting or termination of any interest or trust beyond the later of:

(A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

(B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

(b) To postpone the vesting or termination of any interest or trust until:

(A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

(B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

(c) To operate in effect in any similar fashion upon:

(A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

(B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement. [1989 c.208 §1; 1993 c.273 §1]

Source: Section 105.950 — Statutory rule against perpetuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 91.060 — OR Code / Title 10 / Chapter 91 / Section 91.060
91.060 Tenancy from year to year
Status: reserved

One who enters into the possession of real estate with the consent of the owner, and no certain time is mentioned, but an annual rent is reserved, is considered a tenant from year to year. A notice to terminate a tenancy from year to year is sufficient if it is given 60 days prior to the expiration of the period for which, by the terms of the lease and holding, rents are to be paid.

Source: Section 91.060 — Tenancy from year to year , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 90.305 — OR Code / Title 10 / Chapter 90 / Section 90.305
90.305 Disclosure of certain matters
Status: in_force

(1) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

(a) The person authorized to manage the premises; and

(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

(3) A person who is authorized to manage the premises, or to enter into a rental agreement, and fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for service of process and receiving and receipting for notices and demands.

(4) Intentionally left blank —Ed.

(a) A landlord shall retain a copy of each rental agreement at the resident manager’s office or at the address provided to the tenant under subsection (1)(a) of this section.

(b) A tenant may request to see the rental agreement and, within a reasonable time, the landlord shall make the agreement available for inspection. At the request of the tenant and upon payment of a reasonable charge, not to exceed the lesser of 25 cents per page or the actual copying costs, the landlord shall provide the tenant with a copy of the rental agreement. This subsection shall not diminish the landlord’s obligation to furnish the tenant an initial copy of the rental agreement and any amendments under ORS 90.220 (Terms and conditions of rental agreement) (3). [Formerly 91.765; 1993 c.369 §5; 1999 c.603 §17; 2003 c.378 §11]

Source: Section 90.305 — Disclosure of certain matters; retention of rental agreement; inspection of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.005 — OR Code / Title 10 / Chapter 98 / Section 98.005
98.005 Rights and duties of finder of money or goods
Status: in_force

(1) If any person finds money or goods valued at $250 or more, and if the owner of the money or goods is unknown, such person, within 10 days after the date of the finding, shall give notice of the finding in writing to the county clerk of the county in which the money or goods was found. Within 20 days after the date of the finding, the finder of the money or goods shall cause to be published in a newspaper of general circulation in the county a notice of the finding once each week for two consecutive weeks. Each such notice shall state the general description of the money or goods found, the name and address of the finder and final date before which such goods may be claimed.

(2) If no person appears and establishes ownership of the money or goods prior to the expiration of three months after the date of the notice to the county clerk under subsection (1) of this section, the finder shall be the owner of the money or goods. [1973 c.642 §1; 1989 c.522 §1; 2013 c.220 §1]

Source: Section 98.005 — Rights and duties of finder of money or goods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 90.405 — OR Code / Title 10 / Chapter 90 / Section 90.405
90.405 Effect of tenant keeping unpermitted pet
Status: in_force

(1) If the tenant, in violation of the rental agreement, keeps on the premises a pet capable of causing damage to persons or property, the landlord may deliver a written notice specifying the violation and stating that the tenancy will terminate upon a date not less than 10 days after the delivery of the notice unless the tenant removes the pet from the premises prior to the termination date specified in the notice. If the pet is not removed by the date specified, the tenancy shall terminate and the landlord may take possession in the manner provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) .

(2) For purposes of this section, “a pet capable of causing damage to persons or property” means an animal that, because of the nature, size or behavioral characteristics of that particular animal or of that breed or type of animal generally, a reasonable person might consider to be capable of causing personal injury or property damage, including but not limited to, water damage from medium or larger sized fish tanks or other personal injury or property damage arising from the environment in which the animal is kept.

(3) If substantially the same act that constituted a prior noncompliance of which notice was given under subsection (1) of this section recurs within six months, the landlord may terminate the rental agreement upon at least 10 days’ written notice specifying the breach and the date of termination of the rental agreement.

(4) This section shall not apply to any tenancy governed by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) . [Formerly 91.822; 1995 c.559 §28; 1999 c.603 §25]

Source: Section 90.405 — Effect of tenant keeping unpermitted pet , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.625 — OR Code / Title 10 / Chapter 100 / Section 100.625
100.625 Procedure for dividing or converting units
Status: in_force

(1) Subject to the provisions of the declaration and any applicable law, and upon compliance with this section:

(a) A unit designated in the declaration to be used for commercial, industrial or other nonresidential purpose may be divided by an owner, including the declarant, into two or more units.

(b) A unit owned by the declarant and located in a condominium that consists exclusively of units designated in the declaration to be used for nonresidential purposes, may be divided or converted into two or more units, common elements or a combination of units and common elements.

(2) The owner of a unit to be divided or converted shall submit to the board of directors of the association of unit owners a proposed amendment that must:

(a) State the purposes of the amendment;

(b) Assign an identifying number to each unit created;

(c) Reallocate the interest in the common elements and the use of any limited common elements, voting rights, common expense liability and the right to common profits in the manner prescribed in the declaration;

(d) Indicate the means of access for each unit to common elements; and

(e) Include any additional provisions necessary to conform any other provisions of the declaration or bylaws.

(3) The board of directors shall approve the proposed amendment unless the board determines within 45 days that the amendment is inconsistent with the declaration or bylaws, or the division or conversion will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

(4) The board of directors may require the owner of the unit to be divided or converted to submit an opinion of a registered professional engineer as to whether or not the proposed division or conversion will impair the structural integrity or mechanical systems of the condominium or weaken the support of any portion of the condominium. The board of directors or any agent appointed by the board of directors may supervise the work necessary to effect the division or conversion. Any expenses incurred under this section must be charged to the owner of the unit requesting the division or conversion.

(5) The amendment must be executed by the owner and mortgagees or trust deed beneficiaries of the affected unit, certified by the association and approved and recorded in accordance with ORS 100.135 (Amendments to declaration) (2)(b).

(6) A plat showing each unit created or the conversion of a unit to common elements or combination thereof must be recorded in accordance with ORS 100.115 (Recording declaration and plat) .

(7) This section applies only if the declaration expressly permits and contains:

(a) A statement of the maximum number of units into which a unit may be divided under subsection (1) of this section;

(b) A general description of the nature and proposed use of any unit or portion of any unit which the declarant may convert to common elements; and

(c) A statement of the method to be used to reallocate interest in the common elements, the use of any limited common elements, voting rights, common expense liability and right to common profits. [Formerly 94.322; 2003 c.569 §39; 2019 c.69 §45]

Source: Section 100.625 — Procedure for dividing or converting units , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 98.120 — OR Code / Title 10 / Chapter 98 / Section 98.120
98.120 Notice to owner of receipt of property by consignee or bailee
Status: in_force

If personal property left with a consignee or bailee referred to in ORS 98.110 (Record to be kept by consignee or bailee of property) was not left for the purpose of being forwarded or disposed of according to directions received by the consignee or bailee at or before the time of its reception, and if the name and residence of the owner of the property is known to the person having the property in the possession of the person, the person shall immediately notify the owner, by letter directed to the owner and deposited in the post office, of the reception of such property.

Source: Section 98.120 — Notice to owner of receipt of property by consignee or bailee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 90.392 — OR Code / Title 10 / Chapter 90 / Section 90.392
90.392 Termination of tenancy for cause
Status: in_force

(1) Except as provided in this chapter, after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , unless the tenant cures the violation as provided in this section.

(2) Causes for termination under this section are:

(a) Material violation by the tenant of the rental agreement. For purposes of this paragraph, material violation of the rental agreement includes, but is not limited to, the nonpayment of a late charge under ORS 90.260 (Late rent payment charge or fee) or a utility or service charge under ORS 90.315 (Utility or service payments) .

(b) Material violation by the tenant of ORS 90.325 (Tenant duties) .

(c) Failure by the tenant to pay rent.

(3) The notice must:

(a) Specify the acts and omissions constituting the violation;

(b) Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and

(c) If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.

(4) Intentionally left blank —Ed.

(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:

(A) At least 14 days after delivery of the notice; or

(B) If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155 (Service or delivery of written notice) . For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.

(b) If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.

(5) Intentionally left blank —Ed.

(a) If the cause of a written notice delivered under subsection (1) of this section is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation.

(b) A landlord may not terminate a rental agreement under this subsection if the only violation is a failure to pay the current month’s rent.

(6) When a tenancy is a week-to-week tenancy, the notice period in:

(a) Subsection (3)(b) of this section changes from 30 days to seven days;

(b) Subsection (4)(a)(A) of this section changes from 14 days to four days; and

(c) Subsection (5)(a) of this section changes from 10 days to four days.

(7) The termination of a tenancy for a manufactured dwelling or floating home space in a facility under ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) is governed by ORS 90.630 (Termination by landlord) and not by this section. [2005 c.391 §7]

Source: Section 90.392 — Termination of tenancy for cause; tenant right to cure violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.860 — OR Code / Title 10 / Chapter 98 / Section 98.860
98.860 Conditions for release of vehicle to insurance company undertaking to adjust claim
Status: in_force

(1) For purposes of this section, an insurance company undertaking to adjust a claim involving a towed motor vehicle is a person in lawful possession and entitled to release of the motor vehicle if:

(a) The insurance company has obtained permission from the owner or another person in lawful possession of the motor vehicle to secure release of the motor vehicle; and

(b) The insurance company transmits to the tower by facsimile or electronic mail a document that reasonably identifies the insurance company as a person in lawful possession and directs the tower to release the motor vehicle to a person designated by the insurance company.

(2) A tower who, in good faith, releases a motor vehicle under subsection (1) of this section is not liable for damages for releasing the motor vehicle to a person designated by the insurance company or for damages that arise after release of the motor vehicle.

(3) This section does not prohibit a tower from releasing a motor vehicle to an insurance company in a manner other than that provided for in subsection (1) of this section. [2007 c.538 §6]

Source: Section 98.860 — Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s good-faith release of vehicle , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 98.346 — OR Code / Title 10 / Chapter 98 / Section 98.346
98.346 Reciprocity for property presumed abandoned or escheated under the laws of another state
Status: in_force

Specific property described in ORS 98.308 (Intangible property held by financial institution) to 98.314 (Unclaimed funds held by insurance companies) , 98.322 (Unclaimed securities or distributions) to 98.334 (Unpaid wages unclaimed by owner) , 98.338 (Credit memo unclaimed by owner) or 98.342 (Miscellaneous personal property held for another person) which is held for or owed or distributable to an owner whose last-known address is in another state by a holder who is subject to the jurisdiction of that state is not presumed abandoned in this state and subject to 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) if:

(1) It may be claimed as abandoned or escheated under the laws of the other state; and

(2) The laws of the other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by the other state when held for or owed or distributable to an owner whose last-known address is within this state by a holder who is subject to the jurisdiction of this state. [1957 c.670 §12; 1983 c.716 §8]

Source: Section 98.346 — Reciprocity for property presumed abandoned or escheated under the laws of another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.808 — OR Code / Title 10 / Chapter 93 / Section 93.808
93.808 Approval of governmental unit required to record certain instruments
Status: in_force

An instrument conveying title or interest to the State of Oregon or to a county, city or other political subdivision in this state may not be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting title or interest. [1999 c.654 §2]

Source: Section 93.808 — Approval of governmental unit required to record certain instruments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.641 — OR Code / Title 10 / Chapter 105 / Section 105.641
105.641 Disclaimer of power held in fiduciary capacity
Status: in_force

(1) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

(3) A disclaimer under this section applies to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust or other person for whom the fiduciary is acting. [2001 c.245 §11]

Source: Section 105.641 — Disclaimer of power held in fiduciary capacity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.662 — OR Code / Title 10 / Chapter 94 / Section 94.662
94.662 Notice to lot owners of intent of association to commence judicial or administrative proceeding
Status: in_force

(1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 94.630 (Powers of association) (1)(e)(E), the homeowners association shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the owner. The notice shall, at a minimum:

(a) Be mailed to the mailing address of each lot or to the mailing address designated in writing to the association by the owner;

(b) Inform each owner of the general nature of the litigation or proceeding;

(c) Describe the specific nature of the damages to be sought on the owner’s behalf;

(d) Set forth the terms under which the association is willing to seek damages on the owner’s behalf, including any mechanism proposed for the determination and distribution of any damages recovered;

(e) Inform each owner of the owner’s right not to have the damages sought on the owner’s behalf and specify the procedure for exercising the right; and

(f) Inform the owner that exercising the owner’s right not to have damages sought on the owner’s behalf:

(A) Relieves the association of its duty to reimburse or indemnify the owner for the damages;

(B) Does not relieve the owner from the owner’s obligation to pay dues or assessments relating to the litigation or proceeding;

(C) Does not impair any easement owned or possessed by the association; and

(D) Does not interfere with the association’s right to make repairs to common areas.

(2) Within 10 days of mailing the notice described in this section, any owner may request in writing that the association not seek damages on the owner’s behalf. If an owner makes such a request, the association shall not make or continue any claim or action for damages with regard to the objecting owner’s lot and shall be relieved of any duty to reimburse or indemnify the owner for damages under the litigation or proceeding. [1999 c.677 §37; 2001 c.756 §18]

Source: Section 94.662 — Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.230 — OR Code / Title 10 / Chapter 98 / Section 98.230
98.230 Sale of perishable property
Status: in_force

Perishable property consigned or left as mentioned in ORS 98.110 (Record to be kept by consignee or bailee of property) , if not reclaimed within 30 days after it was left, may be sold by giving 10 days’ notice thereof. The sale shall be conducted and the proceeds of the sale shall be applied as provided in ORS 98.170 (Sale) to 98.210 (Payment to person proving ownership) . Any property in a state of decay or manifestly liable to immediately become decayed, may, after inspection, be summarily sold by order of a justice of the peace, as provided in ORS 98.160 (Inventory and order to sell) .

Source: Section 98.230 — Sale of perishable property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.719 — OR Code / Title 10 / Chapter 94 / Section 94.719
94.719 Lien foreclosure
Status: in_force

In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1999 c.677 §33; 2001 c.756 §23; 2007 c.409 §17]

Source: Section 94.719 — Lien foreclosure; other legal action by declarant, association or owner; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.128 — OR Code / Title 10 / Chapter 105 / Section 105.128
105.128 Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit
Status: in_force

In an action for possession of a dwelling unit to which ORS chapter 90 applies:

(1) If the defendant raises a defense under ORS 90.449 (Landlord discrimination against victim) based upon the defendant’s status as a victim of domestic violence, sexual assault or stalking and the perpetrator is a tenant of the dwelling unit, the court may issue an order terminating the tenancy of the perpetrator and ordering the perpetrator to vacate the dwelling unit without terminating the tenancy of the other tenants and without awarding possession to the plaintiff.

(2) If the action is based upon a notice terminating the tenancy of a perpetrator under ORS 90.445 (Termination of tenant who commits criminal act of physical violence) , the court may issue an order upholding the termination of the perpetrator’s tenancy and ordering the perpetrator to vacate the dwelling unit without the tenancy of the other tenants being terminated and without awarding possession to the plaintiff.

(3) If a court issues an order described in subsection (1) or (2) of this section, the court may enter judgment in favor of the plaintiff against the perpetrator. The plaintiff may enforce the judgment against the perpetrator as provided in ORS 105.151 (Enforcement of judgment of restitution) , but may not enforce the judgment against any other tenant of the dwelling unit. The sheriff shall remove only the perpetrator from the dwelling unit. The sheriff may not return possession of the dwelling unit to the plaintiff. [2007 c.508 §6]

Source: Section 105.128 — Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 91.100 — OR Code / Title 10 / Chapter 91 / Section 91.100
91.100 Waiver of notice
Status: in_force

Any person entering into the possession of real estate under written lease, as the tenant of another, may, by the terms of the lease of the person, waive the giving of any notice prescribed by ORS 91.050 (Tenancy at will) to 91.070 (Tenancy from month to month) .

Source: Section 91.100 — Waiver of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 105.910 — OR Code / Title 10 / Chapter 105 / Section 105.910
105.910 Requirements for easement creation by instrument
Status: in_force

(1) An instrument creating a wind energy easement shall include:

(a) A legal description of the real property benefited and burdened by the easement;

(b) A description of the dimensions of the easement sufficient to determine the horizontal space across and the vertical space above the burdened property that must remain unobstructed;

(c) The restrictions placed upon vegetation, structures and other objects that would impair or obstruct the wind flow across and through the easement; and

(d) The terms or conditions, if any, under which the easement may be changed or terminated.

(2) The instrument creating a wind energy easement shall be recordable under ORS 93.710 (Instruments or memoranda creating certain interests in realty) . If recorded, the instrument shall be recorded as a transfer of the easement from the owner of the burdened property to the owner of the benefited property. [1981 c.590 §3]

Source: Section 105.910 — Requirements for easement creation by instrument; recordation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.311 — OR Code / Title 10 / Chapter 98 / Section 98.311
98.311 Service charge on unclaimed property
Status: in_force

Notwithstanding the provisions in ORS 98.308 (Intangible property held by financial institution) , a holder may not deduct a service charge or fee or otherwise reduce an owner’s unclaimed account unless:

(1) There is a valid written contract between the holder and the owner that allows the holder to impose a charge;

(2) The service charge or fee is imposed uniformly on all accounts; and

(3) Three months’ written notice is given by first class mail to the last-known address of all owners before the charge or fee is levied. [1993 c.694 §45; 2007 c.539 §2]

Source: Section 98.311 — Service charge on unclaimed property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.813 — OR Code / Title 10 / Chapter 97 / Section 97.813
97.813 Standards of care for and public access to endowment care cemeteries
Status: in_force

The Department of Consumer and Business Services, in collaboration with the State Mortuary and Cemetery Board, shall adopt rules relating to:

(1) Minimum standards of care for the maintenance and operation of endowment care cemeteries; and

(2) The ability of the public to access the premises of endowment care cemeteries. [2019 c.8 §4]

Note: 97.813 (Standards of care for and public access to endowment care cemeteries) was added to and made a part of 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.813 — Standards of care for and public access to endowment care cemeteries; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.110 — OR Code / Title 10 / Chapter 97 / Section 97.110
97.110 Human remains not to be attached
Status: in_force

No person shall attach, detain or claim to detain any human remains for any debt or demand or upon any pretended lien or charge.

Source: Section 97.110 — Human remains not to be attached , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.923 — OR Code / Title 10 / Chapter 97 / Section 97.923
97.923 Definitions for ORS 97.923 to 97.949
Status: in_force

As used 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) and 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) unless the context requires otherwise:

(1) “Beneficiary” means the person who is to receive the funeral and cemetery merchandise, funeral and cemetery services or completed interment spaces.

(2) “Certified provider” means an entity certified under ORS 97.933 (Certification of provider of prearrangement or preconstruction sales) to:

(a) Sell or offer for sale prearrangement sales contracts or preconstruction sales contracts;

(b) Administer prearrangement sales contracts or preconstruction sales contracts; or

(c) Provide merchandise or services to fulfill prearrangement sales contracts or preconstruction sales contracts.

(3) “Delivery” occurs when:

(a) Physical possession of the funeral or cemetery merchandise is transferred to the purchaser; or

(b) If authorized by a purchaser under a purchase agreement:

(A) The title to the funeral or cemetery merchandise has been transferred to the purchaser, has been paid for, and is in the possession of the seller, who has documented the sale in the purchaser’s records through use of a serial or other identifying number and placed the merchandise, until needed, for storage on the seller’s premises; or

(B) The merchandise has been identified for the purchaser or the beneficiary as documented by the manufacturer’s receipt placed by the seller in the purchaser’s records and held by the manufacturer for future delivery.

(4) “Depository” means a financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , that is authorized to accept deposits in this state or to transact trust business in this state and is not registered as a master trustee.

(5) “Guaranteed contract” means a written preconstruction sales contract or prearrangement sales contract that guarantees the beneficiary the specific undeveloped space or spaces or funeral and cemetery merchandise or funeral and cemetery services contained in the contract and under which no charges other than the sales price contained in the contract are required upon delivery or performance of the funeral or cemetery merchandise or services, if:

(a) Required payments have been made as specified in the contract; and

(b) The balance of payment required by the contract is paid before the death of the beneficiary.

(6) “Joint trust fund account” means trust funds received by a certified provider from two or more beneficiaries.

(7) Intentionally left blank —Ed.

(a) “Master trustee” means an entity that is not a certified provider 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) and that has fiduciary responsibility for the uniform administration of funds including, but not limited to, acceptance, custodianship, investment and accounting, delivered to it by a certified provider for the benefit of purchasers of preconstruction sales contracts or prearrangement sales contracts.

(b) “Master trustee” does not include a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , that acts solely as a depository 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) .

(8) “Nonguaranteed contract” means a written preconstruction sales contract or prearrangement sales contract that guarantees the beneficiary the specific undeveloped space or spaces or funeral or cemetery merchandise or services contained in the contract, when the price of the merchandise and services selected has not been fixed and will be determined by existing prices at the time the merchandise and services are delivered or provided.

(9) “Prearrangement sales” or “prearrangement sales contract” means any sale, excluding the sale and contemporaneous or subsequent assignment of a life insurance policy or an annuity contract, made to a purchaser, that has as its purpose the furnishing of funeral or cemetery merchandise or services in connection with the final disposition or commemoration of the memory of a dead human body, for use at a time determinable by the death of the person or persons whose body or bodies are to be disposed and where the sale terms require payment or payments to be made at a currently determinable time.

(10) “Preconstruction sale” or “preconstruction sales contract” means a sale made to a purchaser, for the purpose of furnishing undeveloped interment spaces and when the sale terms require payment or payments to be made at a currently determinable time.

(11) “Purchaser” means a beneficiary or a person acting on behalf of a beneficiary who enters into a prearrangement sales contract or a preconstruction sales contract with a certified provider under which any payment or payments made under the contract are required to be deposited in trust under ORS 97.941 (Prearrangement or preconstruction trust fund deposits) .

(12) “Salesperson” means an individual registered under ORS 97.931 (Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales) and employed by a certified provider to engage in the sale of prearrangement or preconstruction sales contracts on behalf of the certified provider.

(13) “Sales price” means the gross amount paid by a purchaser for a prearrangement sales contract or preconstruction sales contract, excluding sales taxes, credit life insurance premiums and finance charges.

(14) “Trust” means an express trust created under ORS 97.941 (Prearrangement or preconstruction trust fund deposits) whereby a trustee has the duty to administer the amounts specified under ORS 97.941 (Prearrangement or preconstruction trust fund deposits) received under a prearrangement sales contract or a preconstruction sales contract for the benefit of the purchaser of a prearrangement sales contract or preconstruction sales contract.

(15) “Undeveloped interment spaces” or “undeveloped spaces” means any space to be used for the reception of human remains that is not completely constructed or developed at the time of initial payment. [Formerly 128.400; 2003 c.362 §1; 2007 c.661 §12; 2012 c.7 §1]

Note: 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) were enacted into law by the Legislative Assembly but were 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 97.923 — Definitions for ORS 97.923 to 97.949 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 98.424 — OR Code / Title 10 / Chapter 98 / Section 98.424
98.424 Agreements with other states
Status: in_force

(1) The State Treasurer may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that this state or another state may be entitled to subject to a claim of custody under ORS 98.348 (Recovery of abandoned property by another state) . The State Treasurer may adopt rules requiring the other states to report information needed to enable compliance with agreements made pursuant to this section and prescribing the form for making a claim of custody under ORS 98.348 (Recovery of abandoned property by another state) .

(2) Before adopting, amending or repealing any rules under this section, to avoid conflicts between the State Treasurer’s procedures and the procedures of administrators in other jurisdictions that enact an unclaimed property act, consistent with the purposes, policies and provisions of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) , the State Treasurer shall advise and consult with administrators in other jurisdictions that enact a substantially similar unclaimed property act and take into consideration the rules of administrators in other jurisdictions that enact an unclaimed property act.

(3) The State Treasurer may join with other states to seek enforcement of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) against any person who is or may be holding property reportable under ORS 98.352 (Report of abandoned property) .

(4) At the request of another state, the Attorney General of this state may bring an action in the name of another state to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in bringing the action, including attorney fees.

(5) The State Treasurer, through the Attorney General of this state, may request the attorney general of another state or any other person to bring an action in the other state in the name of the State Treasurer against the holder of property in the other state that is subject to escheat or a claim of abandonment by this state. This state shall pay all expenses including attorney fees in any action under this subsection. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) .

(6) The State Treasurer may not disclose to any other state any confidential information provided by the Department of Revenue from taxpayer returns. [1983 c.716 §39; 1985 c.403 §3; 1993 c.694 §21; 2019 c.678 §28]

Source: Section 98.424 — Agreements with other states; exchange of information; rules; Attorney General action in name of other state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 100.140 — OR Code / Title 10 / Chapter 100 / Section 100.140
100.140 Temporary relocation of floating structure
Status: in_force

(1) A floating structure described in ORS 100.020 (Condominium provisions) (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair or remodeling without affecting its status as a condominium or real property. However, if the floating structure is not returned to its original location within 18 months after the relocation, the condominium shall be terminated or, if there are remaining units, partially terminated pursuant to ORS 100.600 (Termination of association or removal of real property by unit owners) and subsection (2) of this section.

(2) If the condominium is terminated, all security interests affecting any interest in the condominium shall continue to be considered a security in real property after the termination, notwithstanding that the floating structure portion of the condominium may be physically moved from its permanent moorage.

(3) When a floating structure has been relocated under subsection (1) of this section, the board of directors of the association shall give written notice of the temporary location of the structure to the county assessor within 10 days of the relocation. [1997 c.816 §18]

Note: 100.140 (Temporary relocation of floating structure) 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 100.140 — Temporary relocation of floating structure; security interests upon termination of condominium , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.470 — OR Code / Title 10 / Chapter 105 / Section 105.470
105.470 Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870
Status: in_force

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) do not apply to:

(1) The first sale of a dwelling never occupied, provided that the seller provides the buyer with the following statement on or before the date the buyer is legally obligated to purchase the subject real property: “THIS HOME WAS CONSTRUCTED OR INSTALLED UNDER BUILDING OR INSTALLATION PERMIT(S) #___, ISSUED BY _____.”

(2) Sales by financial institutions that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

(3) The following sellers, if appointed by a court:

(a) Receivers;

(b) Personal representatives;

(c) Trustees;

(d) Conservators; or

(e) Guardians.

(4) Sales or transfers by governmental agencies. [1993 c.547 §7; 1995 c.198 §1; 2003 c.328 §5]

Source: Section 105.470 — Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 91.220 — OR Code / Title 10 / Chapter 91 / Section 91.220
91.220 Tenant in possession liable for rent
Status: in_force

(1) Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold, or for any term of years, is liable for the amount or proportion of rent due from the land in possession of the person, although it is only a part of what was originally demised.

(2) Such rent may be recovered in an action at law, and the deed of demise, or other instrument in writing, if there is any, showing the provisions of the lease, may be used in evidence by either party to prove the amount due from the defendant.

(3) This section shall not deprive landlords of any other legal remedy for the recovery of their rents, whether secured to them by their leases or provided by law.

Source: Section 91.220 — Tenant in possession liable for rent; remedies for recovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 105.120 — OR Code / Title 10 / Chapter 105 / Section 105.120
105.120 Notice necessary to maintain action in certain cases
Status: in_force

(1) As used in this section, “rent” does not include funds paid under the United States Housing Act of 1937 (42 U.S.C. 1437f).

(2) Except as provided in subsection (3) of this section, an action for the recovery of the possession of the premises may be maintained in cases provided in ORS 105.115 (Causes of unlawful holding by force) (1)(b), when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.110 (Notices to be in writing) and for the period prescribed by ORS 91.060 (Tenancy from year to year) to 91.080 (Termination when expiration of tenancy fixed by terms of lease) before the commencement of the action, unless the leasing or occupation is for the purpose of farming or agriculture, in which case the notice must be served for a period of 90 days before the commencement of the action. Any person entering into the possession of real estate under written lease as the tenant of another may, by the terms of the lease, waive the giving of any notice required by this subsection.

(3) An action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies may be maintained in situations described in ORS 105.115 (Causes of unlawful holding by force) (2) when the notice to terminate the tenancy or to quit has been served by the tenant upon the landlord or by the landlord upon the tenant or person in possession in the manner prescribed by ORS 90.155 (Service or delivery of written notice) .

(4) Except when a tenancy involves a dwelling unit subject to ORS chapter 90, the service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person in possession for the possession of premises before the expiration of any period for which the tenant or person has paid the rent of the premises in advance.

(5) An action to recover possession of a dwelling unit subject to ORS chapter 90 may not be brought or filed against a tenant or person in possession based upon a notice under ORS 90.427 (Termination of tenancy without tenant cause) to terminate the tenancy until after the expiration of any period for which the tenant or person has paid the rent of the dwelling unit in advance, unless:

(a) The only other money paid by the tenant was collected as a last month’s rent deposit as provided under ORS 90.300 (Security deposits) ; or

(b) The only unused rent was paid by the tenant for a rental period extending beyond the termination date specified in a valid outstanding notice to terminate the tenancy and the landlord refunded the unused rent within 10 days after receipt by delivering the unused rent to the tenant in person or by first class mailing. [Amended by 1973 c.559 §35; 1981 c.753 §6; 1983 c.303 §5; 1985 c.588 §13; 1989 c.506 §18; 1993 c.369 §15; 1995 c.559 §52; 1997 c.577 §31; 1999 c.603 §35; 1999 c.676 §26; 2007 c.906 §36; 2013 c.294 §15]

Source: Section 105.120 — Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.842 — OR Code / Title 10 / Chapter 105 / Section 105.842
105.842 Tampering with carbon monoxide alarm
Status: in_force

(1) As used in this section, “tamper” includes, but is not limited to, the removal of working batteries.

(2) Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily housing. This section does not prohibit the removal of, or tampering with, a carbon monoxide alarm:

(a) For the purpose of replacing a defective alarm or conforming the installation of the alarm with State Fire Marshal rules;

(b) In a dwelling or housing that is being demolished or converted to nonresidential use; or

(c) For the period that the removal or tampering is necessary for an active process of remodeling or renovating the installation location. [2009 c.591 §6]

Source: Section 105.842 — Tampering with carbon monoxide alarm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.945 — OR Code / Title 10 / Chapter 93 / Section 93.945
93.945 Application of ORS 93.910 to 93.940
Status: in_force

(1) The provisions of ORS 93.910 (Enforcement of forfeiture remedy after notice of default) to 93.930 (Recording affidavit after forfeiture) shall apply only to forfeiture remedies enforced after July 13, 1985. The date that the initial written notice of a default is given to the purchaser shall be the date of enforcement of the forfeiture remedy.

(2) The provisions of ORS 93.935 (Effect of purchaser’s abandonment or reconveyance on interest, lien or claim) and 93.940 (Effect of seller’s foreclosure or other action on interest, lien or claim) shall apply to all contracts for transfer or conveyance of an interest in real property, whether executed on, before or after July 13, 1985. [1985 c.718 §§9,10]

Source: Section 93.945 — Application of ORS 93.910 to 93.940 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.560 — OR Code / Title 10 / Chapter 105 / Section 105.560
105.560 Action to restrain or enjoin nuisance
Status: in_force

(1) An action to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) may be brought by the Attorney General, district attorney, county attorney, city attorney or a person residing or doing business in the county where the property is located. The action shall be brought in the circuit court in the county where the property is located. Except as provided in subsection (5) of this section, the action may be commenced in the small claims department of the circuit court for the county where the property is located.

(2) In addition to any other remedy that may be available under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) , a plaintiff in an action brought to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) may seek damages for mental suffering, emotional distress, inconvenience and interference with the use of property suffered by the plaintiff by reason of the activities constituting a nuisance.

(3) The court may award reasonable attorney fees to the prevailing party in an action under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) unless the action is commenced and tried in the small claims department of a circuit court. Attorney fees may not be awarded to any party in an action under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) that is commenced and tried in the small claims department of a circuit court.

(4) The court may consolidate all actions that relate to the same property and that are brought to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) . Consolidation in the small claims department of a circuit court shall be for purposes of trial only. A separate judgment shall be entered for each action in the small claims department of a circuit court.

(5) An action may not be brought in the small claims department of a circuit court to restrain or enjoin a nuisance described in ORS 105.555 (Places declared nuisances subject to abatement) if the property alleged to be a nuisance is licensed under ORS chapter 471. [1989 c.846 §4; 1999 c.168 §1; 2009 c.11 §7; 2015 c.136 §3]

Source: Section 105.560 — Action to restrain or enjoin nuisance; jurisdiction; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.230 — OR Code / Title 10 / Chapter 93 / Section 93.230
93.230 Copy of Department of State Lands deed or patent given when original lost
Status: in_force

(1) If parties to whom deeds have been issued by the Department of State Lands have lost such deeds before they were placed on record in the county wherein the land conveyed is located, the Director of the Department of State Lands, on application of the party entitled thereto, shall cause a certified copy of the record of the deed in the office of the department to be issued under its seal.

(2) If parties to whom patents for lands have been issued by the United States for lands in the State of Oregon have lost such patents before they were placed on record in the county wherein the land conveyed is located, such parties, or their successors in interest, may apply to and obtain from the Bureau of Land Management, or its successor agency, copies of the records of such patents, duly certified to be correct copies of the original patents, or of the record thereof, by the appropriate federal officer.

(3) Every certified copy issued in accordance with subsection (1) or (2) of this section is entitled to record in the proper county with like effect as the original deed or patent. Every such copy so certified may be read in evidence in any court in this state without further proof thereof. The record of any such certified copy, or a transcript thereof certified by the county clerk in whose office it may have been recorded, may be read in evidence in any court in this state with like effect as the original thereof or the original lost deed or patent. [Amended by 1967 c.421 §197]

Source: Section 93.230 — Copy of Department of State Lands deed or patent given when original lost , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.925 — OR Code / Title 10 / Chapter 105 / Section 105.925
105.925 Definitions for ORS 105.925 to 105.945
Status: in_force

As used in ORS 105.925 (Definitions for ORS 105.925 to 105.945) to 105.945 (Exempted data) :

(1) “Event data recorder” has the meaning given that term in 49 C.F.R 563.5, as in effect on January 1, 2008.

(2) “Owner” means a person:

(a) In whose name a motor vehicle is registered or titled;

(b) Who leases a motor vehicle for at least three months;

(c) Who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or

(d) Who is the attorney in fact, conservator or personal representative for a person described in paragraphs (a) to (c) of this subsection. [2007 c.644 §1]

Source: Section 105.925 — Definitions for ORS 105.925 to 105.945 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.665 — OR Code / Title 10 / Chapter 94 / Section 94.665
94.665 Authority of association to sell, transfer, convey or encumber common property
Status: reserved

(1) Except as otherwise provided in the declaration, a homeowners association may sell, transfer, convey or subject to a security interest any portion of the common property if 80 percent or more of the votes in the homeowners association, including 80 percent of the votes of lots not owned by a declarant at the time of the vote, are cast in favor of the action.

(2) A sale, transfer, conveyance or encumbrance by a security interest of the common property or any portion of the common property made pursuant to a right reserved in the declaration under this section may provide that the common property be released from any restriction imposed on the common property by the declaration or other governing document if the request for approval of the action also includes approval of the release. However, a sale, transfer or encumbrance may not deprive any lot of its right of access to or support for the lot without the consent of the owner of the lot.

(3) Subject to subsections (4) and (5) of this section, unless expressly limited or prohibited by the declaration, the homeowners association may execute, acknowledge and deliver leases, easements, rights of way, licenses and other similar interests affecting common property and consent to vacation of roadways within and adjacent to common property.

(4) Intentionally left blank —Ed.

(a) Except as otherwise provided in the declaration and paragraph (b) of this subsection, the granting of a lease, easement, right of way, license or other similar interest pursuant to subsection (3) of this section shall be first approved by at least 75 percent of owners present at a meeting of the association or with the consent of at least 75 percent of all owners solicited by any means the board of directors determines is reasonable. If a meeting is held to conduct the vote, the meeting notice must include a statement that approval of the grant will be an item of business in the agenda of the meeting.

(b) Intentionally left blank —Ed.

(A) The granting of a lease, easement, right of way, license or other similar interest affecting common property for a term of two years or less requires the approval of a majority of the board of directors.

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

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

(6) An instrument that sells, transfers, conveys or encumbers common property pursuant to subsection (1) of this section or grants an interest or consent pursuant to subsection (3) of this section shall:

(a) State that the action of the homeowners association was approved in accordance with this section; and

(b) Be executed by the president and secretary of the association and acknowledged in the manner provided for acknowledgment of the instruments by the officers.

(7) The association shall treat proceeds of any sale, transfer or conveyance under subsection (1) of this section, any grant under subsection (4) of this section or any consent to vacation under subsection (5) of this section as an asset of the association. [1981 c.782 §47; 1987 c.447 §112; 1999 c.677 §20; 2009 c.641 §12]

Source: Section 94.665 — Authority of association to sell, transfer, convey or encumber common property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.984 — OR Code / Title 10 / Chapter 97 / Section 97.984
97.984 Liability of executor who carries out anatomical gift
Status: in_force

A person named executor who carries out an anatomical gift of the testator made under the provisions of ORS 97.957 (Methods of making anatomical gift before death of donor) before issuance of letters testamentary or under a will which is not admitted to probate shall not be liable to the surviving spouse or next of kin for performing acts necessary to carry out the gift of the testator. [Formerly 97.966]

Source: Section 97.984 — Liability of executor who carries out anatomical gift , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 98.470 — OR Code / Title 10 / Chapter 98 / Section 98.470
98.470 Definitions for ORS 98.470 to 98.490
Status: in_force

As used in ORS 98.470 (Definitions for ORS 98.470 to 98.490) to 98.490 (Effect of written agreement between molder and customer) , unless the context requires otherwise:

(1) “Customer” means any person who causes a molder to:

(a) Fabricate, cast or otherwise make a mold; or

(b) Use a mold to manufacture, assemble or otherwise make any product.

(2) “Mold” includes any die, mold or form used to manufacture, assemble or otherwise make any product.

(3) “Molder” means any person including, but not limited to a tool or die maker, who:

(a) Fabricates, casts or otherwise makes a mold; or

(b) Uses a mold to manufacture, assemble or otherwise make any product. [1981 c.333 §1]

Source: Section 98.470 — Definitions for ORS 98.470 to 98.490 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 90.430 — OR Code / Title 10 / Chapter 90 / Section 90.430
90.430 Claims for possession, rent, damages after termination of rental agreement
Status: in_force

If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement. [Formerly 91.845]

Source: Section 90.430 — Claims for possession, rent, damages after termination of rental agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.408 — OR Code / Title 10 / Chapter 100 / Section 100.408
100.408 Quorum for meeting of association
Status: in_force

(1) Unless the bylaws specify a greater percentage, a quorum for any meeting of the association of unit owners consists of the number of persons who are entitled to cast 20 percent of the voting rights.

(2) If any meeting of the association of unit owners cannot be organized because of a lack of a quorum, the unit owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present.

(3) Subject to subsection (4) of this section, the quorum for a meeting following a meeting adjourned for lack of a quorum is the greater of:

(a) One-half of the quorum required in the bylaws; or

(b) The number of persons who are entitled to cast 20 percent of the votes in the association of unit owners.

(4) The quorum is not reduced under subsection (3) of this section unless:

(a) The meeting is adjourned to a date that is at least 48 hours from the date the original meeting was called; or

(b) The meeting notice specifies:

(A) The quorum requirement will be reduced if the meeting cannot be organized because of a lack of a quorum; and

(B) The reduced quorum requirement.

(5) For the purpose of establishing a quorum under this section, an individual who holds a proxy and an absentee ballot, if absentee ballots are permitted, counts as a present owner. [1999 c.677 §60; 2007 c.409 §26; 2009 c.641 §25; 2011 c.532 §10]

Note: See note under 100.407 (Annual and special meetings of association) .

Source: Section 100.408 — Quorum for meeting of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.956 — OR Code / Title 10 / Chapter 94 / Section 94.956
94.956 Registration required to sell membership camping contract
Status: in_force

Except as provided in ORS 94.959 (Application for registration) , and except for transactions pursuant to ORS 94.962 (Exemptions from registration) , no person shall offer to sell or sell a membership camping contract in this state unless the membership camping contract is registered under ORS 94.953 (Definitions for ORS 94.953 to 94.989) to 94.989 (Interpretation of membership camping contracts) . [1985 c.639 §2]

Source: Section 94.956 — Registration required to sell membership camping contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).